Tag Archive for: workers’ compensation retaliation

Phillip Kitzer, Brian Rochel, and Doug Micko Present on Intersection of Disability, FMLA, and Workers’ Compensation Retaliation Laws

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On October 26, 2015, Teske Katz Kitzer & Rochel partners Phillip Kitzer and Brian Rochel presented a continuing legal education (CLE) seminar on the intersection between disability discrimination laws under the Minnesota Human Rights Act (“MHRA”) and the American’s With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), and Workers’ Compensation retaliation (“WCA”).  The presentation was moderated by Teske Katz Kitzer & Rochel partner Doug Micko, and addressed the complicated legal considerations faced by both employers and employees when an employee has a workplace injury or disability.  The  presentation was made as part of Minnesota CLE’s Employment Law Webcast Series.

To learn more about the disability discrimination, your rights under the FMLA, or your rights under workers’ compensation retaliation, please contact Teske Katz Kitzer & Rochel today.

Minnesota Supreme Court Issues Landmark Ruling Ensuring Jury Trials in Retaliation Claims

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Phillip Kitzer and co-counsel Michelle Dye Neumann received a favorable decision in a landmark decision from the Minnesota Supreme Court. In Darrel Schmitz v. United States Steel Corporation, Schmitz alleged he was terminated in retaliation for filing a workers’ compensation claim.  Schmitz requested a jury trial for his workers’ compensation retaliation claim under the Minnesota Constitution, but his request was denied.  Schmitz appealed the decision to the Minnesota Court of Appeals, arguing that he was entitled to a jury under the Minnesota Constitution.  The Court of Appeals ruled in Schmitz’s favor, and U.S. Steel appealed to the Minnesota Supreme Court.  The Minnesota Supreme Court affirmed the decision, holding that the Minnesota Constitution guaranteed the right to a jury trial for employees claiming that they were terminated for seeking workers’ compensation benefits.