Neaton & Puklich, PLLPGeared for Success2026-03-24T12:04:35Zhttps://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.<![CDATA[Your rights against AI-enhanced harassment in the workplace]]>https://www.neatonpuklich.com/?p=2539672026-03-24T12:04:35Z2026-03-24T08:33:21ZThe new face of workplace hostility
Despite the good intentions of generative AI, some people use it to create unauthorized imagery or deepfakes. If your colleague uses this tool to create sexually explicit media involving your face, they can be held liable.
Under the Minnesota Human Rights Act, workplace harassment constitutes illegal discrimination if it creates a hostile work environment. This includes the use of offensive pictures or digital replicas without your consent.
Your rights under Minnesota law
If someone creates or shares a deepfake of you in a sexual context without your consent, they may be violating the law. The state criminalizes the non-consensual dissemination of deepfakes depicting intimate parts or sexual acts. The severity of the crime depends on the circumstances. A charge may start as a gross misdemeanor, but it can become a felony if you lose your job or if the perpetrator intended to profit from the image.
Furthermore, Minnesota law provides you with a civil cause of action. This means you can sue the individual responsible for using AI-generated sexual images. You can seek general damages, a civil penalty of up to $10,000 and the recovery of your legal fees.
Your employer also has a legal duty to act. If they know this is happening and fail to take prompt and appropriate corrective action, they could be liable for the environment they allowed to persist.
Regaining control over your career
As soon as you discover someone in the office is targeting you with AI-enhanced harassment, consider taking these actions:
Document all instances
Save screenshots of the generated media
Preserve the links
Report the behavior through your company’s internal channels
Regardless of the tech involved, you are legally entitled to a safe work environment, and sexual harassment in any form is unacceptable. Navigating the intersection of emerging tech and employment law can be overwhelming, especially when you are dealing with the emotional weight of digital abuse. Seeking legal counsel is the best step to move forward.]]>On Behalf of Neaton & Puklich, P.L.L.P.<![CDATA[Minneapolis businesses: Act now to avoid 2026 paid leave “cliff”]]>https://www.neatonpuklich.com/?p=2539582026-01-06T11:59:54Z2026-01-06T11:59:54ZHow has the law changed?
Minnesota already has relatively robust protections for employers. The state requires that employers provide earned sick and safe time. Almost any worker who puts in at least 80 hours per year can qualify for one hour of sick and safe time for every 30 hours they work. The state does limit professionals to a maximum of 48 hours accrued annually.
A new rule now allows workers to request paid leave for extended medical challenges and family demands. The new Paid Family and Medical Leave program allows most employees to request up to a total of 20 weeks of partially paid leave for family matters and medical issues. Workers can generally take up to 12 weeks for family leave and up to 12 weeks for medical leave, with 20 being the maximum for the year.
Workers may receive between 55% and 90% of their weekly wages, although the payment caps out at the state average weekly wage, which is $1,423 per week at the beginning of 2026. Employers have to allow workers to take their paid leave and return to their positions or similar roles within the company.
Employers must properly document workers’ pay history. They must also start setting aside funds to contribute toward paid leave requests in the future, although the due date for initial contributions is not until April 30th, 2026. That being said, wage reporting requirements took effect on the first of the year. Companies must keep thorough records to ensure that they consistently comply with new employment laws that alter their legal, financial and record-keeping obligations.
Consulting a business law attorney can help organizations prevent business litigation triggered by alleged violations of employment regulations. Business leaders who ensure that their record-keeping and financial compliance with the new Paid Family and Medical Leave program from the earliest days of 2026 can limit their likelihood of facing costly litigation that could also damage an organization’s reputation.]]>On Behalf of Neaton & Puklich, P.L.L.P.<![CDATA[Legal issues with executive bonuses and incentives]]>https://www.neatonpuklich.com/?p=2539222025-06-23T06:48:31Z2025-06-23T06:48:31ZBonuses and incentives can attract top talent and motivate executives to perform well. If not handled carefully, however, they can become a legal headache.
Therefore, you need to understand the legal rules that surround these rewards before offering them. Consider compliance, enforceability and fairness to avoid disputes or regulatory trouble. These will affect how you will offer these incentives. They also shape how you structure and enforce them. Here are some helpful insights.
Best practices for writing bonus agreements
Write clear agreements. Explain all goals and payment terms. Specify whether the bonus is based on revenue, performance or long-term targets. Be specific about how much you will pay and when. Avoid vague words that could lead to lawsuits.Be transparent whether a bonus is discretionary or guaranteed. A discretionary bonus means you choose whether to pay it or not, even if the executive meets the goals. A guaranteed bonus, on the other hand, means you must pay it regardless of whether the individual meets the goal or not.
Be clear about when they can lose the incentives
Executives may lose their bonuses if they quit early, breach a non-compete agreement or are terminated for cause. You must clearly define these terms in the contract. Some plans offer a partial bonus if the executive leaves mid-year. Others require working the whole year. Without clear terms, disputes can arise.
Add clawback rules
Clawback rules allow a company to take back bonuses under specific circumstances. These include fraud, misconduct or a need to fix financial reports. Public companies are required to follow these rules, and private companies can also utilize them. Make sure they are clear and enforceable.
Follow tax and pay delay rules
Executive bonuses must follow IRS rules, including Section 409A. These rules control how employers handledeferred payments. If you pay the bonus over time, special rules apply. The same is true if the bonus depends on future events. If you do not set it up correctly, the executive could face high tax penalties.
Lower legal risk
Executive incentives are powerful tools, but they need careful legal planning.Use clear agreements and terms you can enforce. Follow tax and employment laws. This can help you avoid costly problems. Additionally, it's a good idea to consider working with a lawyer. They can help ensure your bonus plan is strong and compliant with the law.]]>On Behalf of Neaton & Puklich, P.L.L.P.<![CDATA[What counts as whistleblower retaliation against a Minnesota executive?]]>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.<![CDATA[FMLA and wrongful termination]]>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.<![CDATA[Sexual harassment creates a hostile work environment]]>https://www.neatonpuklich.com/?p=2536352026-01-05T15:11:21Z2023-05-26T19:38:50ZWhat 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.<![CDATA[Protecting your business against possible contract disputes]]>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.<![CDATA[Can mediation resolve hostile work environment claims?]]>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.<![CDATA[Fighting against retaliation: legal options and strategies]]>https://www.neatonpuklich.com/?p=2526982026-01-05T12:56:21Z2023-04-11T16:02:59ZLegal 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.<![CDATA[How can my employee contract help against wrongful termination?]]>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.]]>