Neaton & Puklich, P.L.L.P.

952-314-5779 Or Toll Free 877-813-4764 For A Free Initial Consultation
Jump To Services.

Chaska MN Employment Law Blog

Is your MN employer retaliating against your medical leave?

Getting time off work can be a struggle, especially if you work in an hourly wage job or a service job with shift work. The struggle to get time off becomes even more complicated when you suffer an injury that requires more than just a day or two away from your job.

In Minnesota, as in the rest of the United States, federal law requires employers to grant certain categories of employees up to 12 workweeks of unpaid medical leave for specific circumstances. Some employers retaliate against employees over their medical leave under this federal law, known as the Family and Medical Leave Act, or FMLA. Read on to learn more about FMLA and see if it applies in your case.

Why "hostile work environment" can be misleading

One definition of hostile, according to, is "not friendly, warm or generous." So, if your boss and co-workers are jerks, it may seem appropriate to say you have what is called a "hostile work environment."

However, be careful about using that phrase, especially if you decide to elevate an issue to human resources or management.

4 examples of employer retaliation

It is against the law for your employer to punish you for complaining about discrimination, reporting harassment, filing a workers' compensation claim or blowing the whistle on illegal activity. However, you may not exactly know what illegal retaliation looks like. 

Employers take retaliative action in many ways. In order to help you identify illegal employment punishment, here are some examples. 

Types of workplace discrimination in Minnesota

There are various types of harassment and workplace discrimination that are illegal under Minnesota law. If you believe you have experienced workplace harassment or discrimination at your place of employment in Minnesota, it can be helpful for you to explore the types of discrimination that are unlawful in the state.

The following list is not exhaustive but can give you some preliminary information about the most common types of workplace harassment and discrimination claims in Minnesota. This information may help you determine whether you may have a case for a lawsuit, and if so, whether you wish to consult with an attorney to explore your options.

Discrimination women face in the workplace

Many times, for women, the focus of discrimination at work is on sexual harassment, gender inequality and maternity leave. While these are certainly pertinent for you as a female employee, they are not the only forms of discrimination you may face at your job.

There are additional ways your employer may discriminate against you as a woman. Knowing what they are can help you recognize when it is happening so you can take legal action to end it.

Can you sue for discrimination during a job interview?

Many people do not like going to job interviews. They are anxiety-inducing in the best of situations, and then there follows what seems like an inordinately long period as you wait to hear back about whether you got the job. In the meanwhile, you may be obsessing over that question you answered wrong or what some other question really meant.

And that is when the job interviews are aboveboard. When some of the questions seem discriminatory, you could be in for a whole new level of worry, especially if you are denied the job and wonder if discrimination is what caused it.

3 warning signs of sexual harassment in your workplace

When you get to your place of employment each day, you simply want to complete your tasks. However, sometimes there are people at work who make this difficult. Maybe a coworker constantly flirts with you, touches you or has conversations that make you uncomfortable. What might start off as seemingly harmless flirting or banter could very well be sexual harassment.

So, how do you know if you are dealing with sexual harassment? Here are some top warning signs you are being sexually harassed.

Get the most out of your unemployment benefits

If you are out of a job, you are far from alone. According to the Minnesota Department of Employment and Economic Development, the unemployment rate in Minnesota is close to 4 percent.

Unemployment benefits are a helpful resource to individuals who lose their jobs. For you to hopefully get the most out of your benefits, it is important to understand the stipulations of receiving the assistance and other resources connected to it.

Federal protections for age discrimination victims

If you have ever experienced unfair treatment while on the job because of your age, you may be wondering whether what happened to you crossed the line between unprofessional and illegal behavior. The Age Discrimination in Employment Act is what protects you and other American workers over the age of 40 at the federal level from becoming the subject of age-related discrimination, provided your employer meets certain criteria.  

More specifically, the ADEA applies to you if you work within a governmental organization, an employment agency, a labor organization with at least 25 members, or for any other employer that has a workforce of 20 or more.

Common forms of pregnancy discrimination

As an American employee, you have certain protections in the workplace, and one of those protections involves your right to a work environment that is free from unlawful employment discrimination. Workplace discrimination can take on many forms, and one of the more common forms is pregnancy discrimination.

According to the U.S. Equal Opportunity Employment Commission, you may be a victim of pregnancy discrimination if a supervisor, colleague or other work-related contact treats you differently or unfavorably because you are expecting, or because you have some type of medical condition related to your pregnancy. The Pregnancy Discrimination Act sets guidelines as to what types of behaviors might constitute pregnancy discrimination, and these actions may include: