Darrel Schmitz v. United States Steel Corporation. MN workers comp, jury trial
The Minnesota Supreme Court held:
1. A retaliatory-discharge claim under the Workers’ Compensation Act, Minn. Stat. 176.82, that seeks only money damages is legal in nature and therefore carries an attendant right to a jury trial under the Minnesota Constitution.
2. In a vicarious liability for a threat-to-discharge claim under Minn. Stat. 176.82, an employer may not assert an affirmative defense under Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).
No. A12-0709 (Minn. Aug. 27, 2014)
Please see the original opinion for the court's exact language.
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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