Blog Elements - Kitzer Rochel PLLP

Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

Phillip Kitzer Recognized as Up & Coming Attorney by Minnesota Lawyer

June 19, 2015/in Frontpage Article, Kitzer Rochel News

Phillip Kitzer, partner at Teske Katz Kitzer & Rochel, has been named an “Up & Coming Attorney” by Minnesota Lawyer. The Up & Coming Attorneys recognition is a prestigious honor awarded to a select few attorneys in Minnesota. Recognition is limited to lawyers in their first 10 years of practice who have already distinguished themselves by […]

8th Circuit Reverses Summary Judgment on FMLA Claims

June 15, 2015/in Blog

The Eighth Circuit reversed summary judgment on an FMLA entitlement and discrimination claim. In Hudson v. Tyson Fresh Meats, Inc., the Court found that sufficient evidence of FMLA discrimination and interference existed to allow the matter to proceed to trial. ___ F.3d. ___, 2015 U.S. App. LEXIS 8479 (8th Cir. May 28, 2015). Plaintiff Delbert […]

Phillip Kitzer Recognized as Up & Coming Attorney by Minnesota Lawyer

June 19, 2015/in Frontpage Article, Kitzer Rochel News

8th Circuit Reverses Summary Judgment on FMLA Claims

June 15, 2015/in Blog

Full Sized Blog Element (Big Preview Pic)

Phillip Kitzer Recognized as Up & Coming Attorney by Minnesota Lawyer

June 19, 2015/in Frontpage Article, Kitzer Rochel News

Phillip Kitzer, partner at Teske Katz Kitzer & Rochel, has been named an “Up & Coming Attorney” by Minnesota Lawyer.

The Up & Coming Attorneys recognition is a prestigious honor awarded to a select few attorneys in Minnesota. Recognition is limited to lawyers in their first 10 years of practice who have already distinguished themselves by their achievements. The criteria for selection are: professional accomplishment, leadership service to the community and the profession or achievement as in-house counsel.

Up & Coming Attorneys are nominated by colleagues, supervisors and peers, and chosen by a panel of prior winners of the award. Mr. Kitzer will be recognized along with the other award recipients, and attorneys who have been named Unsung Legal Heroes, at an event on September 10 in downtown Minneapolis. Minnesota Lawyer will publish a special section on September 14 profiling Mr. Kitzer and the rest of the honorees.

Click here to read more.

8th Circuit Reverses Summary Judgment on FMLA Claims

June 15, 2015/in Blog

The Eighth Circuit reversed summary judgment on an FMLA entitlement and discrimination claim. In Hudson v. Tyson Fresh Meats, Inc., the Court found that sufficient evidence of FMLA discrimination and interference existed to allow the matter to proceed to trial. ___ F.3d. ___, 2015 U.S. App. LEXIS 8479 (8th Cir. May 28, 2015).

Plaintiff Delbert Hudson was fired after taking a short leave for back problems and depression. Hudson’s girlfriend, also an employee at Tyson, told Hudson’s supervisor that he would be absent for a few days, and Plaintiff texted his supervisor about being out. When he returned to work, Hudson was fired for failing to call in each day pursuant to company policy. Hudson sued for FMLA interference and discrimination.

The district court granted summary judgment on both claims, and the Court of Appeals reversed. First, the Court held that Tyson failed to restore Hudson to the same or similar position after his leave, as required by the FMLA. Tyson argued that it “returned Hudson to his normal job duties for a person Human Resources was investigating,” but the Court rejected that argument because Tyson failed to cite any authority to support its legal theory.

Next, the Court held that Hudson FMLA discrimination claim should go to trial. Specifically, the Court held that Tyson’s shifting reason for termination (first for failing to provide notice, then for not providing notice in the appropriate manner), and evidence suggesting Tyson did not consistently enforce the call-in policy could convince a jury that its alleged reason for termination was a pretext to discrimination.

The decision can be found here. The FMLA entitles employees to take legally-protected leave, and protects employees from discrimination and retaliation for excercising rights under the FMLA. In addition, many states (including Minnesota) have passed their own versions of leave laws that may afford even more protections than the FMLA. If you have questions about the FMLA, or any other employment law issue, contact Teske Katz Kitzer & Rochel.

Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

Full Sized Blog Element (Big Preview Pic)

Disclaimer