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

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.

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

by Jackson Lewis P.C.
Published on 28 Aug 2014Minnesota, United States
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.