Tag Archive for: Minnesota Employment Law

Retaliation: The Most Common Employment Claim

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Retaliation is one of the most common employment claims brought in Minnesota. In simple terms, retaliation occurs when an employer takes negative action against an employee because the employee exercised a legal right.

Under the Minnesota Human Rights Act, it is unlawful for an employer to retaliate against a person who opposes discrimination, files a charge, or participates in an investigation or proceeding under the statute. See Minn. Stat. § 363A.15.

Protected activity can include reporting discrimination or harassment, participating in a workplace investigation, requesting a disability accommodation, or filing a charge with a government agency. Federal law similarly prohibits retaliation for engaging in protected equal employment opportunity activity.

Minnesota law also protects employees from retaliation in other contexts. For example, the Minnesota Whistleblower Act protects employees who report suspected violations of law or participate in investigations. See Minn. Stat. § 181.932. Retaliation is not limited to termination. It can include demotion, discipline, reduced hours, negative evaluations, threats, or other actions that would discourage a reasonable employee from raising concerns. One important point: employees may still be protected even if the underlying complaint is not ultimately proven. The law generally protects workers who raise concerns in good faith.

If you have questions about retaliation, please contact us today.

Are Non-Compete Agreements Still Enforceable in Minnesota?

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Minnesota significantly changed its non-compete law in 2023. Under the statute, most non-compete agreements entered into on or after July 1, 2023 are void and unenforceable. The law defines a “covenant not to compete” as an agreement that restricts an employee, after leaving employment, from working for another employer, working in a geographic area, or working in a similar role. See Minn. Stat. § 181.988.

The new law was designed to make it easier for employees to change jobs without fear of legal threats from former employers. But the statute does not prohibit every type of post-employment restriction. Employers may still require agreements protecting confidential information, trade secrets, or client relationships, such as non-solicitation provisions.

The law also prevents employers from requiring Minnesota employees to litigate employment disputes outside Minnesota or under another state’s law as a condition of employment. This protection applies to employees who primarily live and work in Minnesota. See Minn. Stat. § 181.988, subd. 3.

Even with the new statute, questions about enforceability still arise. The answer may depend on when the agreement was signed, how it is written, and whether it is truly a non-compete or another type of restriction. If you have questions about a noncompete agreement, contact us today.

Brian Rochel Moderates MN-NELA Conversation with Magistrate Judge Douglas Micko

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Brian Rochel led a conversation with Judge Douglas Micko of the United States District Court for the District of Minnesota, moderated by Brian Rochel of Kitzer Rochel, PLLP. The CLE event was hosted by Minnesota NELA and featured a candid and practical discussion with perspectives from the bench.

Judge Micko reflected on his professional path from employment lawyer and active NELA member to federal magistrate judge. Drawing on his experience presiding over employment cases in the District of Minnesota, he offered practical insight into nearly every aspect of federal practice for employment lawyers—from motion practice and discovery disputes to settlement conferences and effective advocacy before the court.

The conversation provided useful perspective from both sides of the bench and practical guidance on credibility, efficiency, and persuasive advocacy in federal employment litigation.

Minnesota NELA thanked Judge Micko and Brian Rochel for an engaging and informative discussion.

Can Your Employer Require You to Return to the Office?

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Many employers have begun requiring employees who worked remotely during the pandemic to return to the office. In general, employers have broad authority to decide where work is performed and may adopt return-to-office policies.

However, the analysis can change when an employee has a medical condition or disability that affects their ability to work on site. Both federal law and the Minnesota Human Rights Act require employers to consider reasonable accommodations in certain circumstances. See Minn. Stat. § 363A.08.

In some situations, remote work may qualify as a reasonable accommodation. The Equal Employment Opportunity Commission (EEOC) explains that working from home can be appropriate where an employee’s disability limits their ability to work in the workplace and the job’s essential functions can be performed remotely. Employers are generally expected to engage in an interactive process to evaluate accommodation requests rather than simply deny them.

Whether remote work is reasonable often depends on the employee’s job duties and the employer’s operations. Questions such as whether the employee previously worked remotely, whether in-person tasks are truly required, and whether remote work would create undue hardship for the employer may all be relevant.

For employees facing a return-to-office mandate, the key issue is often not whether the employer can adopt the policy, but how the employer responds when an employee requests an accommodation under disability law. If you have questions about returning to work, contact our firm today.

Minnesota Paid Family and Medical Leave: What Employees Should Know After the First Month

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Minnesota’s new Paid Family and Medical Leave (PFML) law is now in effect, and the first month has given employees their first real look at how the program works in practice.

For many workers, this is the first time they have access to state-run paid leave benefits for serious health conditions, bonding with a new child, caring for a family member, or certain military-related events. While the program is new, the basic rights are clear — and important.

What the Law Provides

Minnesota’s Paid Family and Medical Leave program allows eligible employees to receive partial wage replacement when they need time off for:

  • Their own serious health condition
  • Bonding with a new child
  • Caring for a family member with a serious health condition
  • Certain military-related needs
  • Safety leave in cases involving domestic violence or stalking

The benefit is funded through payroll contributions and administered by the state. Employees apply through the state program — not directly through their employer — and benefits are paid by the state.

How the First Month Has Gone

As expected with any new statewide program, there have been questions and some early confusion. The state reports that more than 35,000 employees have applied for the benefits, which is a very strong start.

Common questions include:

  • Coordination with FMLA or employer-provided leave
  • Understanding how wage replacement amounts are calculated
  • Timing of applications and approvals
  • Employer misunderstandings about notice requirements

That said, the system is operational, and many employees are successfully receiving benefits. Most early issues involve paperwork, timing, or clarification — not denial of the underlying right to take leave.

What Employees Should Keep in Mind

If you are considering taking paid leave, there are several key points to remember:

  1. Provide notice when possible. If the need for leave is foreseeable, give your employer advance notice.
  2. Document your condition or qualifying event. The state will require certification.
  3. Understand job protection. In most cases, your job (or an equivalent position) must be restored when you return from leave.
  4. Retaliation is prohibited. Employers cannot discipline or terminate you for using protected leave.
  5. Know whether your employer uses a private plan or the state run plan. Your employer chooses whether to opt into the state plan or to a private plan managed by a third party company. It is important to know where you should apply. Ask your employer if you are not sure.

Importantly, Paid Family and Medical Leave is separate from federal FMLA — but in many situations the leaves will run at the same time. The interaction between the two laws can affect how long you are protected and how benefits are calculated.

The Bottom Line

After the first month, Minnesota’s Paid Family and Medical Leave program appears to be functioning as intended, though employees should expect some administrative growing pains. The law provides meaningful financial support during major life and medical events — but only if workers understand their rights and follow the application process carefully.

But regardless of any hiccups in the process, you are still entitled to job protections and rules against retaliation that are specified in the law.

If you have questions about whether your situation qualifies, or if you believe your employer is interfering with your leave rights, contact us today.

You’ve Been Let Go or Treated Unfairly: What to Say, Do, and Document

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Losing your job—or facing unfair treatment—can be overwhelming. But what you say and do next can protect your rights. Here are the essentials: how to document what’s happening, what to say during termination, and how to approach a severance agreement.

1. Start Documenting Immediately

If you’re dealing with discrimination, retaliation, or a sudden termination, begin documenting right away. Clear, dated notes are enough.

Include:

  • What happened: Key incidents, dates, times, and people involved.
  • What was said: Exact quotes when possible.
  • Witnesses: Anyone who saw or heard the events.
  • Evidence: Save emails, texts, reviews, policies, and screenshots.

Good documentation strengthens your credibility and creates a clear timeline.

2. What to Say (and Not Say) When You’re Fired or Pressured to Resign

If you’re terminated or pushed out, stay calm. Don’t argue, admit fault, or sign anything on the spot.

Do say:

  • “Can I receive the reason for my termination in writing?”
  • “I’d like time to review any paperwork before signing.”
  • “I’ll follow up with questions after I’ve had time to process this.”

Don’t say:

  • “I guess I deserved this.”
  • “I’m going to sue you.”
  • “Fine, I quit.”

In Minnesota, you can request a written reason for your termination, and the employer must provide it within 10 working days.

3. Should You Sign a Severance Agreement?

A severance package often requires you to give up legal claims. Before signing:

  • Read carefully: You may be waiving rights related to discrimination, retaliation, or unpaid wages.
  • Look for restrictive clauses: Non-disparagement or non-rehire terms can limit your options.
  • Check your timeline: Workers 40+ must be given at least 21 days to review and 7 days to revoke. Even if younger, you don’t need to sign immediately.

Severance is often negotiable—especially if you were treated unfairly. Talk to an employment lawyer before signing.

Final Thoughts

If you’re let go or mistreated, pause before reacting. Document everything, don’t sign under pressure, and understand your rights. Getting fired doesn’t erase your protections—in many cases, it’s when they matter most.

If you want help reviewing your options, contact our firm and we will see if we can help.

Frances Baillon Co-Authors Article Explaining Revisions to MHRA and Increased Worker Protections

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Frances Baillon, with co-author Sam Kramer, wrote an article published in the September 2024 edition of Bench & Bar. The article, “Toward a More Perfect Minnesota: How the ’23-’24 Legislature Expanded Civil Rights Protections,” describes the most recent amendments to the Minnesota Human Rights Act. These include increased protections in the areas of disability, gender identity, familial status and damages available for violations of the Act. The article discusses the impact of these amendments and how they will continue to ensure strong civil rights protections for all Minnesotans.

The full article is available here.

Frances is a distinguished attorney recognized for her exceptional legal expertise and dedication to her clients. She has been named a Super Lawyer and is repeatedly celebrated among the Top 50 Women and Top 100 lawyers in her field. Frances is a frequent speaker and author on employment law given her extensive experience and many accolades and achievements.

If you have any questions about recent legislation affecting employees in Minnesota, or employment law more generally, do not hesitate to contact us to see how we can help.

The Law Continues to Get Better for Minnesota Employees: MHRA Expanded

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The Minnesota Human Rights Act (MHRA) has been expanded in several important ways that will help employees across Minnesota. Governor Walz has signed a new bill, HF 4109, and it’s packed with great updates to the MHRA to help workers all over the state. Some highlights of the changes include:

Key Points of the New Law

  1. Intersectional Discrimination: The new law recognizes that discrimination can happen to people who belong to more than one protected group. This means if someone faces unfair treatment because they belong to multiple groups, like being both a woman and a person of color, the law will protect them.
  2. Disability Definition: The law now has a broader definition of “disability.” It includes conditions that come and go or are in remission, aligning more closely with the Americans with Disabilities Act Amendments Act (ADAAA).
  3. Harassment Protection: It’s now clear that harassment based on any protected characteristic (like race, gender, or disability) is against the law, not just sexual harassment.
  4. Familial Status: The definition of “familial status” has been expanded, but the details are not provided in the summary.
  5. Extended Deadlines: If the Minnesota Department of Human Rights (MDHR) dismisses a claim, workers now have 90 days to file a lawsuit, instead of the previous 45 days. This matches the federal Equal Employment Opportunity Commission (EEOC) limit.
  6. Statute of Limitations: If MDHR takes too long to investigate a case, workers won’t lose their right to file a lawsuit because of it. This fixes some old case law problems.
  7. Punitive Damages: There is no longer a cap on punitive damages for claims against non-government entities. This means workers can potentially receive more money if they win their case because their employer intentionally or recklessly violated the law.
  8. Treble Damages: The law confirms that workers can get triple the amount of emotional distress damages, not just economic damages.
  9. Jury Decisions: In cases under the Minnesota Human Rights Act, a jury, not a judge, will decide all damages questions.

How the Law Came to Be

This bill was created by the Minnesota Department of Human Rights (MDHR) and is the first of its kind. The MDHR submitted an omnibus bill that was carried forward and put into law in a bipartisan effort, and signed by Governor Walz. Kitzer Rochel attorneys Frances Baillon, Phillip Kitzer, and Brian Rochel all helped in the effort to expand the MHRA along with many other members of Minnesota’s Chapter of the National Employment Lawyers Association (MN-NELA). Thanks to the effort of many dedicated lawyers and lawmakers, we’ve achieved something amazing by working together. This new law will provide better protection and support for workers in Minnesota.

When Do the Changes Come Into Effect

Some of the new provisions are in effect already because they only clarify the existing law. Any new legal requirement added by the law will go into effect on August 1, 2024. Contact us if you have questions about this exciting new update or employment law more generally.

Brian Rochel Named Top Lawyer by Minnesota Monthly

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We are pleased to announce that Brian Rochel was recognized as a Top Lawyer in Minnesota for 2024 by Minnesota Monthly Magazine. This is a prestigious recognition reserved for select attorneys who are selected by their peers specifically in Labor and Employment Law.

Brian is humbled to be recognized for this honor and looks forward to continuing to push for excellence in representing workers across the state of Minnesota. If you have questions about employment law or believe you may have been treated unlawfully at work, contact Kitzer Rochel today.