Jury trial approved for retaliatory discharge claims — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Jury trial approved for retaliatory discharge claims

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in Employment Law,Human Resources

Employees who claim they were fired for seeking workers’ comp benefits are entitled to a jury trial. That can result in big damages, as juries are notoriously prone to making employers pay.

Recent case: Darell claimed he hurt his back at work and was discouraged from filing a workers’ compensation claim. He said a supervisor told him that the company took a dim view of such claims and told him he might even be fired. Darell filed anyway, and was in fact terminated.

He filed a retaliation claim and demanded a jury trial.

The court agreed that he had that right under the Minnesota state constitution, which guarantees jury trials for damages. (Schmitz v. U.S. Steel, No. A-12-0709, Supreme Court of Minnesota 2014)

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