Neaton & Puklich, PLLPGeared for Success2024-03-18T16:40:53Zhttps://www.neatonpuklich.com/feed/atom/WordPress/wp-content/uploads/sites/1404001/2023/05/cropped-site-icon-32x32.pngOn Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2537342023-10-02T20:21:48Z2023-10-02T20:21:48ZBeyond termination
This often means firing the whistleblower, but that is not the only form of illegal retaliation. As the U.S. Labor Department explains, other common retaliation methods include:
Denying a deserved or previously promised promotion.
Disciplining the employee for dubious reasons.
Denying benefits.
Pay cuts.
Intimidation, harassment and threats.
Undeserved negative performance reviews.
Change in treatment to mocking or shunning the whistleblower.
Creating a work environment so toxic that the whistleblower is forced to quit -- known as constructive termination.
If you are questioning whether the treatment you have gotten at work since you blew the whistle is retaliation, keep in mind that your employer does not have to fire you to break the law. Both OSHA at the federal level and the Minnesota Whistleblower Act prohibit much more than firing in retaliation. For example, the state Whistleblower Act says an employer "shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee" for reporting illegal activity at their workplace.
A team fighting for your rights
Both state and federal law require you, as the victim of workplace discrimination, to take legal action on your own behalf. Suing your current or former employer can be a tricky process, but an experienced employment law attorney can ease your concerns and work with you to develop a clear, practical strategy.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2536342023-07-18T19:40:27Z2023-06-05T19:38:39ZThe Family and Medical Leave Act
The FMLA is a federal law designed to provide eligible employees with unpaid, job-protected leave for specific family and medical reasons.
FMLA leave can be taken for various reasons, including:
Serious health condition: Employees can take FMLA leave to address their own serious health conditions that make them unable to perform their job.
Family care: Employees can take FMLA leave to care for their newborn or newly adopted child. It can also be used to look after a child, spouse or parent with a serious health condition.
Military family leave: Employees with family members serving in the military can take FMLA leave. They can use it to address qualifying exigencies or care for an injured service member.
Under the FMLA, eligible employees have the right to take up to 12 weeks of unpaid leave. They can use this within a 12-month period without the fear of losing their job. It aims to balance the demands of the workplace with the needs of employees facing serious health conditions or family responsibilities.
Protections against wrongful termination
FMLA provides essential protections to employees to prevent wrongful termination. Employers are prohibited from:
Interfering with an employee's FMLA rights
Retaliating against employees for exercising those rights
Discriminating against employees who request or take FMLA leave
Wrongful termination can occur when an employer fires or demotes an employee solely based on their use of FMLA leave.
Seeking remedies for wrongful termination
If an employee believes they have been wrongfully terminated for FMLA-related reasons, they have several options for seeking remedies. These include:
Contact HR or management: Employees can initiate a conversation with their human resources department or management to discuss the issue and seek a resolution.
File a complaint: If internal avenues prove ineffective, employees can file a complaint with the Wage and Hour Division of the Department of Labor or consult an employment attorney to explore legal options.
Document evidence: It is crucial for employees to keep a record of all relevant documents, such as emails, letters or other forms of communication to support their claim of wrongful termination.
Wrongful termination due to FMLA is a violation of employee rights. It can have severe consequences for individuals and their families. By familiarizing themselves with this law, employees can assert their rights and protect their employment security.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2536352023-07-18T19:46:07Z2023-05-26T19:38:50ZWhat are the subtle signs of sexual harassment?
When sexual harassment is subtle, it can be harder to recognize. An employee may not even realize the person is sexually traumatizing them; thus, they would not feel it warrants appropriate legal action. Here are some examples of unacceptable ways a person can experience sexual harassment in the workplace:
Inappropriate jokes and remarks with a sexual connotation
Wolf-whistling
Looking at an employee up and down in a suggestive or lustful manner
Quid pro quo offers or indecent proposals
Intentional or accidental physical contact, such as poking, hugging or brushing against the body part of an employee
Comments about an employee’s physical experience disguised as a compliment
Constantly asking an employee out on a date despite rejection
You should not have to tolerate any of this. The law protects your rights as an employee to work in an environment where you feel safe and secure.
Action against sexual harassment
In Minnesota, sexual harassment is a form of workplace discrimination. It is illegal. If you are experiencing any form of sexual harassment, the Minnesota Human Rights Act allows you to pursue a hostile work environment claim. You deserve to work in an environment free from physical, emotional and mental harm.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2527042023-05-05T06:23:28Z2023-05-05T06:22:59Z
Ensure that all contracts are in writing and clearly state the terms and conditions of the agreement (payment terms, delivery schedules and any other obligations agreed upon by both parties).
Consider including dispute resolution clauses, such as mediation and arbitration, in their contracts. These clauses can require parties to engage in mediation or arbitration before pursuing legal action.
Maintain accurate records of all communication and transactions related to the contract, such as emails, contracts, invoices and other relevant documents. A clear paper trail can be critical in resolving disputes and proving one's case in court.
It would also help if they were familiar with legal remedies available to parties involved in a contract dispute.
Breach of contract claims allows parties to seek damages for losses from the breach. Damages can include compensation for lost profits and costs incurred by the breach.
Specific performance may apply in cases where damages would not adequately compensate the plaintiff for their loss. It is the requirement for a breaching party to follow through with the terms of the contract.
Injunctive relief is a legal remedy that requires the party in breach to refrain from certain actions. It may help in cases where the breach of contract involves the misuse of intellectual property, trade secrets or other confidential information. For example, if an employee breaches a non-disclosure agreement by disclosing confidential information to a competitor, the plaintiff may use injunctive relief to prevent further disclosure.
Contract disputes can be costly, time-consuming and disruptive to business operations, but they are not insurmountable. By taking proactive steps to protect themselves and understanding the legal remedies available, employers can reduce their risk of contract disputes and be better prepared to handle them if they arise.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2527012023-04-20T15:59:18Z2023-04-20T15:59:18ZWhy choose mediation?
Mediation is an alternative dispute resolution process that requires both parties to agree to work together and in good faith to reach a resolution. Together, they can identify and address the underlying issues causing the dispute. And this will be done through a series of meetings until both parties are satisfied with the result.
Here, unlike in traditional litigation, parties work with a neutral party as a mediator. This person facilitates conversations, ensuring they are balanced, and that one party does not take advantage of the other.
Less adversarial: It is more focused on finding solutions that work for both parties. Rather than winning or losing, the objective here is an amicable resolution that might not be possible in a court proceeding.
More efficient: Like other alternative dispute resolutions, mediation can be a more efficient process than litigation. It does not require extensive discovery, court appearances, or a trial which can save time and money for both parties.
More creative solutions: It also allows both parties to develop solutions that are tailored to their specific needs and interests. This approach makes it possible for more creative and satisfying outcomes than those available through litigation.
Preserves relationships: Since the type of negotiation and the method of communication involved in mediation is less adversarial, the relationship between the employee and the employer can continue, if parties so desire.
Employees deserve a safe, fair workplace, but they do not always need to fight for one in court. Mediating disputes may be the type of approach that works best for employees who want to protect their rights.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2526982023-04-20T16:01:35Z2023-04-11T16:02:59ZLegal options for retaliation
Filing a complaint with the appropriate agency is often the first step in seeking legal remedies for retaliation.
One option is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing employment discrimination laws. They can help investigate an employee's claim. They may also file a lawsuit on behalf of the claimant if they find that their employer violated the law.
There are also state laws that can protect these employees. For example, Minnesota's human rights commission, the Minnesota Department of Human Rights, enforces state-level discrimination laws. According to this law, an employee may file a separate discrimination charge against their employer should they experience retaliation because of what they did.
Strategies for fighting back against retaliation
Meanwhile, there are simple strategies that any worker can use to fight back against retaliation in the workplace.
Document incidents: Documenting any incidents of retaliation, including the date, time, nature of the reprisals and witnesses, can help establish a pattern of retaliation, which can be useful in a legal case. Even if an employee does not intend to file a lawsuit in the first place, keeping these records may help if the incidents keep happening, even to other workers, to the point that legal action becomes necessary.
Be informed: Being aware of your legal rights as an employee is perhaps the best protection anyone can get. If one knows when their rights are being violated, they will be able to respond and act accordingly. They would know where and when to seek help if necessary. In Minnesota, several government agencies and advocacy groups resources can help employees be informed about their rights.
Seek legal counsel: Another strategy is to reach out to an employment law attorney who can advise you on your legal options and represent you in court if necessary.
Fighting against retaliation may take a lot of courage from any worker. Knowing that there are legal options and strategies to protect them will give them the support they need in ensuring that their workplace is safe and fair for all employees.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2526962023-03-28T13:01:59Z2023-03-28T13:01:59ZThe importance of your employee contract
Your employment contract contains not just the requirements of your job and the benefits it entitles you to but also the actions that could result in your employment’s termination. Some contracts even provide guidelines on how the company might dismiss an employee.
Therefore, an employment contract may provide some standards for determining whether a termination is wrongful. It is possible that the employer fired an employee for reasons not in the contract or in a manner that contradicts the process listed in the document.
Note, however, that the contract is not the end-all and be-all when it comes to wrongful termination. Sometimes, wrongful dismissals may occur because of discrimination and retaliation.
Your employee contract and wrongful termination
It is a good idea to read and understand the terms of your employment contract. Additionally, consider keeping a copy of the document for easy review in a place where it is safe from damage and creating multiple digital backups if you can.
Workers who feel that their employers terminated their employment wrongfully generally must prove the offense. Employers will likely claim that their reason for termination was legitimate, but the contract can help verify whether this assertion is true or not.
Employment law is complex. It helps to understand both your employment contract and the law so you can protect your rights as an employee.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2526942023-02-22T06:43:06Z2023-02-25T14:00:23ZWhat can the agreement include?
There is no fixed composition when creating terms for a severance agreement. It usually depends on the company's financial capacity and discussions with its employees. However, here are a couple of terms parties usually include in a severance contract:
Reason for separation and timeline. This includes the reason for the termination, the employee’s date of hire, the date of termination and the allowed period to accept or reject the severance agreement.
Severance pay. This may be a percentage of the employee's salary for a certain amount of time and paid in regular payments or a large lump sum.
Unused leave benefits. This may include paid vacation and sick days before leaving or a payout of the amount employees would have received from taking those benefits while they were still eligible.
Health coverage. The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees to continue receiving medical benefits for up to 18 months after their termination.
Liability release. This term stipulates that the employee agrees not to pursue any legal claims against the company once they sign the document.
Non-compete clause. Usually, employers include a non-compete clause to ensure the employee will not work for a competing company with their company resources.
Non-Disparagement Clause. This clause provides that the employee cannot circulate adverse information about the company for a certain period.
A strong severance agreement is one that satisfies both the employer and employees. If done right, it becomes a mutually beneficial agreement for both parties, easing the tension of termination.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2526702023-06-16T15:55:41Z2023-02-23T14:00:07ZWhat is mediation?
Mediation is a service provided by the DLI to work out wage disagreements. A mediator will meet with all parties, including the employee and representatives from the employer and insurer. Then, the mediator will speak with each party separately and together while conveying settlement proposals until they reach an agreement. After coming to a decision, all parties will sign a resolution. The process concludes after serving and filing the agreement.
This service is free. Also, involved parties can choose from a selection of arbiters professionally trained in negotiation and mediation with experience in claims management, litigation and more.
Other services
In addition, the DLI has other accessible functions to help you sort out your compensation conflicts:
Inquiries and assistance: If you have questions, you can ask the DLI for guidance. They can also help you talk to insurers as needed.
Certifying disputes: Before scheduling an administrative conference, a mediator will review and explore the possibility of resolution. If deemed impossible, the mediator will certify the disagreement.
Conferences for medical and rehabilitation disputes: You can ask for an administrative conference for problems regarding rehabilitation and medical conflicts.
You can use these free services depending on your circumstances. You can also call or email the DLI for further questions.
Benefits of mediation
Certain situations require litigation, but mediation offers a free alternative to solve your compensation issues. A shorter process also means you can move on faster. The sooner you straighten things out, the closer you are to peace of mind.]]>On Behalf of Neaton & Puklich, P.L.L.P.https://www.neatonpuklich.com/?p=2526662023-01-30T15:46:33Z2023-01-30T15:21:39ZSigns of age discrimination in the workplace
The signs of discrimination might not be obvious and can come across subtly. These signs may manifest through the following:
Hiring based on age
Reduction in pay or hours, denial of benefits, forced leave
Hostile and stressful work environment (e.g., ageist remarks and insults, isolation)
Denial of promotions or training opportunities
Baseless discipline and negative performance reviews
Reassignment or change of duties, demotion, forced resignation or termination
Keep in mind that the harasser could be any individual, including a supervisor, a co-worker or a client.
How am I protected?
Fortunately, federal and state laws protect employees in Minnesota against age discrimination in the workplace. These laws include:
The Minnesota Human Rights Act (MHRA) prohibits age discrimination in the workplace for those 18 and older. This means your employer cannot use age as a basis for hiring or firing you or discriminating against you in the workplace.
The Age Discrimination in Employment Act (ADEA) specifically protects applicants and employees 40 years of age or older from discrimination. It is important to remember that the ADEA covers private businesses with at least 20 employees, federal, state, and local governments, employment agencies and labor unions.
You may feel unsure whether your employer discriminates against you because of your age. Knowing the signs of age discrimination can help you assess your situation and decide your course of action.]]>