Jackson Lewis: Minnesota Supreme Court Says Workers' Compensation Retaliation Claims Can Result in Jury Trial, But Employers Have No Defense Based on Complaint Resolution Procedure | Practical Law
This Law Firm Publication by Jackson Lewis P.C. discusses the recent decision in Schmitz v. U.S. Steel, in which the Minnesota Supreme Court held that an employee bringing a workers' compensation retaliation claim under the Minnesota workers' compensation retaliation statute has the right to a jury trial. In addition, the court held that if an employer threatens retaliation against an employee for filing for workers' compensation benefits, that employee may state a viable cause of action for retaliation, even if no adverse action actually occurs. Finally, the court held that an employer may not avoid liability for a threat of retaliation by creating a system to investigate complaints of such threats and take corrective action.