FOR EMPLOYEES
Legal Representation for Employees
Areas of Practice
SEXUAL HARASSMENT IN THE WORKPLACE
We represent clients throughout the the state of Minnesota, in workplace harassment litigation. We represent employees bringing lawsuits, resolving matters through arbitration, mediation, and when necessary trial.
Mr. Satre frequently represents people who have faced sexual harassment and other types of harassment in the workplace. Anyone can be the victim of sexual harassment independent of gender. Men are victimized as well as women, and many people face harassment due to their sexual orientation.
In recent years, sexual harassment against lesbian, gay, bisexual and transgender (LGBT) people is becoming more common. Straight people can also face sexual harassment, especially when they do not conform to traditional gender stereotypes.
WORKERS’ COMP RETALIATION
It is against the law for an employer to retaliate against, punish or threaten an employee for filing a workers’ compensation claim or reporting a work injury, but this does not prevent some companies from illegal actions in attempts to contain costs. When an employee is applying for or receiving benefits related to an injury or illness, a company may retaliate by:
· Writing up the worker for a performance issue that is not legitimate
· Wrongfully terminating or laying off the worker
· Creating or tolerating a hostile work environment
· Efforts to obstruct or deny access to workers’ compensation benefits
If you feel like your employer is treating you differently than before your injury, trying to get rid of you or building a case against you, contact us and schedule a consultation as soon as possible.
DISCRIMINATION
Some terminations are considered wrongful under the law and some are not. Many positions fall under the “at-will employment” category, meaning that either employer or employee has the right to end the employment relationship. However, you may have a case if you believe you lost your job because:
You were discriminated against based on your sex, sexual orientation, pregnancy, gender, race, ethnicity, religion, disability, public assistance status, or another protected characteristic.
Employment discrimination is a matter of unfair treatment of a person based on appearance, origin, status or identity. Mr. Satre may file a lawsuit when our clients experience treatment that is illegal under state and federal laws. Some examples of illegal treatment:
· Wrongful termination or failure to hire based on protected characteristics, including, race, gender, disability, pregnancy, color, creed or sexual orientation.
· Not providing equal pay based on protected characteristics
· Not granting promotion to employees because of protected characteristics
· Fostering an environment in which illegal discrimination occurs
· Specific policies that have a negative or disparate impact on a protected group of employees
WAGE/OVERTIME VIOLATIONS (FLSA COMPLIANCE)
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime
pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Unpaid Overtime
Federal and state laws exist to protect employees in a wide range of matters, including fair payment for hours worked. When these laws are broken by an employer, workers can file claims and seek damages in court in order to right the wrong.
Employee Misclassification
Employee misclassification, a problem that can be addressed by an experienced employment attorney, usually means one of two things:
Job misclassification as independent contractor: These are job situations in which workers are wrongly classified as independent contractors when they are in fact employees. This includes food industry drivers, couriers or other workers classified as independent contractors but who are controlled as if they were employees.
Job misclassification as exempt: These are cases of employment misclassification where employees should be earning overtime but are wrongly classified as exempt — and thus disqualified for pay for working more than 40 hours in a week.
Wage Theft
Wage theft refers to employees not being compensated fully or properly for the time they actually work:
· Not being paid overtime when an employer is legally obligated to pay time and a half for working more than 40 hours in a week
· Not receiving meal breaks
· Not being paid for set-up, preparation or on-site dressing time
AGE DISCRIMINATION
Unfair and potentially illegal treatment is often dealt to employees based on their age, frequently this occurs when they are older than their co-workers. Age discrimination can be demoralizing, frustrating, and emotionally distressing to highly skilled and experienced professionals who have plenty left to contribute to an organization.
Mr. Satre is very familiar with employment situations where:
· The oldest person on a team is let go during downsizing, even though they are more skilled, tenured or capable than younger members
· A high-performing older employee is suddenly written up or disciplined for performance issues
· An older employee is not provided with the same training opportunities as their younger counterparts
· A layoff or reduction in force occurs and the employees selected are over 50 and higher paid
· Mature employees are gently or forcefully being pressured to retire
WHISTLEBLOWER CLAIMS
A whistleblower is an employee who reports misconduct by an employer. There are laws that protect whistleblowers from being fired or mistreated for reporting misconduct.
You may be a whistleblower if you have:
· reported to your company that its conduct violates a state or federal law or regulation
· reported to an external agency that your company’s conduct violates a state or federal law
· reported to your company that it is treating you in a way that violates state or federal law or regulation
· reported to an external agency that your employer is treating you in a way that violates state or federal law or regulation
Whistleblower Retaliation
If you have witnessed or learned of something illegal at work and reported it, you may be experiencing retaliation or punishment.
Examples of employer retaliation include but not limited to:
· Demoting you
· Denying you benefits or opportunities
· Giving you poor reviews
· Threatening you or treating you abusively
· Firing you
Protecting Yourself
If you have witnessed or learned of something illegal at work either constituting corporate fraud or discrimination against you or others, and in good conscience, you need to take action, it would be prudent to consult with an employment attorney as soon as possible.
· Before blowing the whistle – If you come to us before reporting illegal conduct we can help minimize potential negative reactions and set you up to be protected under the law.
· While you are employed – If you have already reported illegal conduct we can help you recognize whether retaliation has occurred and develop a plan to address it.
· Before or after termination – If termination is imminent or has already happened, we can use your whistleblower status to work out a severance, file a whistleblower lawsuit, or take other action on your behalf.
EXECUTIVE AGREEMENTS AND SEVERANCE
Mr. Satre is highly skilled at drafting and negotiating the terms of executive employment and separation agreements on behalf of companies as well as individuals. We approach executive employment, compensation, and separation agreements from both a strategic and technical standpoint to help our clients mitigate their legal and financial risks while advancing their objectives. We apply our substantial counseling and litigation experience, including in the areas of non-competition and non-solicitation, in negotiating the terms of agreements that ensure that our clients’ business interests are protected.
We represent clients throughout the the state of Minnesota, in workplace harassment litigation. We represent employees bringing lawsuits, resolving matters through arbitration, mediation, and when necessary trial.
Mr. Satre frequently represents people who have faced sexual harassment and other types of harassment in the workplace. Anyone can be the victim of sexual harassment independent of gender. Men are victimized as well as women, and many people face harassment due to their sexual orientation.
In recent years, sexual harassment against lesbian, gay, bisexual and transgender (LGBT) people is becoming more common. Straight people can also face sexual harassment, especially when they do not conform to traditional gender stereotypes.
WORKERS’ COMP RETALIATION
It is against the law for an employer to retaliate against, punish or threaten an employee for filing a workers’ compensation claim or reporting a work injury, but this does not prevent some companies from illegal actions in attempts to contain costs. When an employee is applying for or receiving benefits related to an injury or illness, a company may retaliate by:
· Writing up the worker for a performance issue that is not legitimate
· Wrongfully terminating or laying off the worker
· Creating or tolerating a hostile work environment
· Efforts to obstruct or deny access to workers’ compensation benefits
If you feel like your employer is treating you differently than before your injury, trying to get rid of you or building a case against you, contact us and schedule a consultation as soon as possible.
DISCRIMINATION
Some terminations are considered wrongful under the law and some are not. Many positions fall under the “at-will employment” category, meaning that either employer or employee has the right to end the employment relationship. However, you may have a case if you believe you lost your job because:
You were discriminated against based on your sex, sexual orientation, pregnancy, gender, race, ethnicity, religion, disability, public assistance status, or another protected characteristic.
Employment discrimination is a matter of unfair treatment of a person based on appearance, origin, status or identity. Mr. Satre may file a lawsuit when our clients experience treatment that is illegal under state and federal laws. Some examples of illegal treatment:
· Wrongful termination or failure to hire based on protected characteristics, including, race, gender, disability, pregnancy, color, creed or sexual orientation.
· Not providing equal pay based on protected characteristics
· Not granting promotion to employees because of protected characteristics
· Fostering an environment in which illegal discrimination occurs
· Specific policies that have a negative or disparate impact on a protected group of employees
WAGE/OVERTIME VIOLATIONS (FLSA COMPLIANCE)
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime
pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Unpaid Overtime
Federal and state laws exist to protect employees in a wide range of matters, including fair payment for hours worked. When these laws are broken by an employer, workers can file claims and seek damages in court in order to right the wrong.
Employee Misclassification
Employee misclassification, a problem that can be addressed by an experienced employment attorney, usually means one of two things:
Job misclassification as independent contractor: These are job situations in which workers are wrongly classified as independent contractors when they are in fact employees. This includes food industry drivers, couriers or other workers classified as independent contractors but who are controlled as if they were employees.
Job misclassification as exempt: These are cases of employment misclassification where employees should be earning overtime but are wrongly classified as exempt — and thus disqualified for pay for working more than 40 hours in a week.
Wage Theft
Wage theft refers to employees not being compensated fully or properly for the time they actually work:
· Not being paid overtime when an employer is legally obligated to pay time and a half for working more than 40 hours in a week
· Not receiving meal breaks
· Not being paid for set-up, preparation or on-site dressing time
AGE DISCRIMINATION
Unfair and potentially illegal treatment is often dealt to employees based on their age, frequently this occurs when they are older than their co-workers. Age discrimination can be demoralizing, frustrating, and emotionally distressing to highly skilled and experienced professionals who have plenty left to contribute to an organization.
Mr. Satre is very familiar with employment situations where:
· The oldest person on a team is let go during downsizing, even though they are more skilled, tenured or capable than younger members
· A high-performing older employee is suddenly written up or disciplined for performance issues
· An older employee is not provided with the same training opportunities as their younger counterparts
· A layoff or reduction in force occurs and the employees selected are over 50 and higher paid
· Mature employees are gently or forcefully being pressured to retire
WHISTLEBLOWER CLAIMS
A whistleblower is an employee who reports misconduct by an employer. There are laws that protect whistleblowers from being fired or mistreated for reporting misconduct.
You may be a whistleblower if you have:
· reported to your company that its conduct violates a state or federal law or regulation
· reported to an external agency that your company’s conduct violates a state or federal law
· reported to your company that it is treating you in a way that violates state or federal law or regulation
· reported to an external agency that your employer is treating you in a way that violates state or federal law or regulation
Whistleblower Retaliation
If you have witnessed or learned of something illegal at work and reported it, you may be experiencing retaliation or punishment.
Examples of employer retaliation include but not limited to:
· Demoting you
· Denying you benefits or opportunities
· Giving you poor reviews
· Threatening you or treating you abusively
· Firing you
Protecting Yourself
If you have witnessed or learned of something illegal at work either constituting corporate fraud or discrimination against you or others, and in good conscience, you need to take action, it would be prudent to consult with an employment attorney as soon as possible.
· Before blowing the whistle – If you come to us before reporting illegal conduct we can help minimize potential negative reactions and set you up to be protected under the law.
· While you are employed – If you have already reported illegal conduct we can help you recognize whether retaliation has occurred and develop a plan to address it.
· Before or after termination – If termination is imminent or has already happened, we can use your whistleblower status to work out a severance, file a whistleblower lawsuit, or take other action on your behalf.
EXECUTIVE AGREEMENTS AND SEVERANCE
Mr. Satre is highly skilled at drafting and negotiating the terms of executive employment and separation agreements on behalf of companies as well as individuals. We approach executive employment, compensation, and separation agreements from both a strategic and technical standpoint to help our clients mitigate their legal and financial risks while advancing their objectives. We apply our substantial counseling and litigation experience, including in the areas of non-competition and non-solicitation, in negotiating the terms of agreements that ensure that our clients’ business interests are protected.