Employee Rights

Videos on Employee Rights:

What types of Employee Rights cases do you handle?

I have handled cases for discrimination, age discrimination, and discrimination based on sexual orientation. I’m certainly available to handle employee rights cases based on sexual harassment, hostile work environment. Unfortunately, that is still very prevalent. We think we’re making progress in society; we think we’re creating safe workspaces for people; but there’s an imbalance in the power dynamic between employers and employees. Most of the time, employers are respectful of that dynamic, and then you have a healthy employee-employer relationship. But too often that power dynamic is taken advantage of by the employer. Those are the situations where we’re here to step in, and frankly, empower the employee.

What experience do you have with discrimination claims outside the employment context?

I had a very interesting case recently where I represented an organization called Patrick’s Cabaret. Patrick’s Cabaret is a theatrical organization whose focus is the LGBTQ community. A couple years ago, they applied for a grant from a nonprofit foundation. They didn’t get it. The following year they were going to apply again. They decided that they were going to try and get information from that organization [as to] why they didn’t get approved the first time, so they could do a better job the second time. And unbelievably, they got a voicemail message back from the person (the manager of the funds) saying, “We have a very conservative board here, and they still haven’t decided that they’re willing to fund LGBTQ organizations.”

Unfortunately for them, you can’t make that kind of discriminatory decision. So, I actually represented Patrick’s Cabaret in a Minnesota Human Rights Act claim against the foundation. We were ready, willing, and able to sue that thing out. Ultimately, we did settle it. Here’s the key to that settlement: It is not confidential. And as you might expect, most defendants require confidentiality if they’re going to settle something. But Patrick’s Cabaret was much more interested in letting the funding community know that it’s not okay to discriminate based on sexual orientation. And so, their main requirement was, “We’re willing to settle, but only if it’s a publicly available settlement.” And it was – and we actually got quite a lot of nice coverage through The Star Tribune and other publications.

The results described in the case or cases just discussed may not be indicative of the results you may obtain on a case that Aries Legal might handle for you. Litigation is by its nature a risky endeavor and the results are difficult to predict. There is no guarantee you will achieve a successful outcome.

What experience do you have with defamation claims?

I’ve actually had a few interesting cases involving defamation claims. Twice I’ve represented stockbrokers against brokerage firms who had fired them. Both times, they were fired for supposed securities violations. And both times, I was able to prove that in fact the broker did not engage in any kind of securities violation either time, and that the brokerage firms were essentially looking for excuses just to fire the person. They used the “violations” as a pretext, so those were big cases.

But I have to say the biggest case I’ve been involved in is my own personal case where I sued a former client, a former employer, for defamation. They had filed a filing with FINRA, which I believed to be misleading and false. And with the help of an attorney in town by the name of Kevin Hofman (a very good friend and I would be remiss if I didn’t give him credit) – he was my attorney and the two of us together brought a lawsuit against the company. It went to a jury trial and we had quite a significant victory after a one-week jury trial.

The results described in the case or cases just discussed may not be indicative of the results you may obtain on a case that Aries Legal might handle for you. Litigation is by its nature a risky endeavor and the results are difficult to predict. There is no guarantee you will achieve a successful outcome.

Empowering Employees to Assert Their Rights

Employers typically wield significant power over their employees. Rarely does the average worker stand on equal ground with the employer. That said, when employers exercise their power fairly, the employment relationship can be mutually beneficial for employer and employee. But all too frequently, this imbalance of power leads to unfair treatment of employees. Such unfair treatment might take the form of sexual harassment, offensive behavior, hostile work environment, discrimination, retaliation, or even failure to properly pay wages and benefits.

You have the right to a workplace free from such misbehavior. Several federal and state statutes protect you. On the federal side, those laws include the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. Most if not all states have their own laws protecting employees.

For example, in Minnesota, discrimination and other forms of employer misconduct are strictly prohibited in the Minnesota Human Rights Act (Chapter 363A of the Minnesota Statutes). Specifically, employers may not discriminate against you if you are a member of a “protected class” – that is, an employer may not discriminate against you on the basis of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age. An employee may pursue a claim for violation of this Act either by filing a charge with the state’s Department of Human Rights, or by filing a complaint in state court. ARIES LEGAL can advise you on the most advantageous route for your particular case.

ARIES LEGAL is here to empower you when your employer is attempting to take advantage of you. We will aggressively represent you every step of the way. If you believe you are the victim of employer misconduct, please fill out the form below to schedule a free consultation.