Attorney Frances Eva Baillon's Legal Cases

Discrimination

Gilbert v. MetLife Auto and Home, No. 09-1990 (March 14, 2011 and Oct. 7, 2011)

N/A

OUTCOME:

District court denied summary judgment determining issues of fact remained whether employer violated the MHRA by discriminating against disabled employee with cancer when she was the only employee not ... rehired after reorganization. Plaintiff later died during pendency of her case and district court found employees MHRA disability discrimination claim survives her death for purposes of recovering special damages.

Discrimination

Bahr v. Capella Unviersity, 788 N.W.2d 76 (Minn. 2010)

N/A

OUTCOME:

Established that employee need not prove underlying merits of a discrimination/hostile environment to prove retaliation claim under the MHRA. The employee need only demonstrate that she had a good fait ... h reasonable belief that conduct she opposed was a violation of the MHRA.

Employment and labor

Kaufenberg v. Schwan's Home Service, Inc., 2009 WL 234014, (Minn. Ct. App. 2009)

N/A

OUTCOME:

Genuine issue of material fact existed as to whether employee’s termination for the alleged falsification of medical records was pretext where employee presented legitimate explanation for the omission ... s on her medical report, employer had a policy of not terminating employees for mistakes and termination followed worker’s compensation claim.

Discrimination

Adamson v. Mattamy Homes, No. 27-CV-13-2612 (Dist. Ct. Minn. Oct. 17, 2013)

N/A

OUTCOME:

Denial of defendant’s motion for summary judgment on plaintiff’s claim for age discrimination under the MHRA because genuine issues of material facts existed as to whether defendant’s reasons for termi ... nation were pretext where two younger employees replaced plaintiff after she was terminated.

Discrimination

Ritter v. Auntie Ruth's Furry Friends, No. A14-1044 (Minn. Ct. App. 2015)

N/A

OUTCOME:

Reversed dismissal of MHRA age discrimination case where in just 45 days after new owners of the business took control, plaintiff’s manager made derogatory comments about plaintiff’s age, including com ... plaining to Plaintiff that “you cost a lot” (referencing her insurance premiums) and “we can't afford you”, criticizing plaintiff’s clothing as being “from the 70s” and being told by the manager repeatedly that plaintiff was not close enough in age to the rest of the staff to relate to them and that there were “generational things” or “generation gaps” between plaintiff and the younger employees.

Discrimination

Hollenkamp v. Jennie-O, No. 07-CV-04725 (D. Minn. June 1, 2009)

N/A

OUTCOME:

Denial of defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination because genuine issue of material fact existed as to whether defendant’s reasons for firing plaintiff ... were pretextual where defendant fired plaintiff, a longtime employee, shortly after plaintiff became disabled.

Employment and labor

Lemon v. City of Minneapolis, No. 27-CV-08-11976 (Dist. Ct. Minn. Dec. 1, 2009)

N/A

OUTCOME:

Following a bench trial, the district court entered judgment in favor of plaintiff on her claims of reprisal in violation of the MHRA and reprisal under the Minnesota Workers’ Compensation Act, finding ... that defendant’s insults, demotion, and attempt to fire plaintiff demonstrated a “campaign of retaliatory actions” toward her based on her complaints about her work environment.

Employment and labor

Hayes v. Dapper, No. A07-1878, 2008 WL 4301018 (Sept. 23, Minn. Ct. App. 2008)

N/A

OUTCOME:

Reversing dismissal of whistleblower case because a report need not be formal to constitute protected conduct and questions of fact remained whether the report was made in good faith.

Sexual harassment

Frieler v. Carlson Marketing Group, 751 N.W.2d 558 (Minn. 2008)

N/A

OUTCOME:

Set precedent that a plaintiff alleging sexual harassment by a supervisor in violation of the MHRA is not required to prove employer knew or should have known about the harassment and failed to take ti ... mely and appropriate action; and setting precedent that employer is subject to vicarious liability for an actionable hostile environment created by supervisor with immediate or successively higher authority over victimized employee.

Employment and labor

Schutz v. Minneapolis Sch. Dist. Special Sch. Dist. No. 1, No. 27-CV-06-474 (Dist. Ct. Minn. Jan. 24, 2007)

N/A

OUTCOME:

Following trial, judgment entered in favor of plaintiff on her claim of reprisal in violation of the MHRA, awarding damages in the amount of $149,000 plus damages for emotional distress in the amount o ... f $50,000, attorney’s fees and costs.

Frances Eva Baillon's Legal Cases (14)

Gilbert v. MetLife Auto and Home, No. 09-1990 (March 14, 2011 and Oct. 7, 2011)

Bahr v. Capella Unviersity, 788 N.W.2d 76 (Minn. 2010)

Kaufenberg v. Schwan's Home Service, Inc., 2009 WL 234014, (Minn. Ct. App. 2009)

Adamson v. Mattamy Homes, No. 27-CV-13-2612 (Dist. Ct. Minn. Oct. 17, 2013)

Ritter v. Auntie Ruth's Furry Friends, No. A14-1044 (Minn. Ct. App. 2015)

Hollenkamp v. Jennie-O, No. 07-CV-04725 (D. Minn. June 1, 2009)

Lemon v. City of Minneapolis, No. 27-CV-08-11976 (Dist. Ct. Minn. Dec. 1, 2009)

Hayes v. Dapper, No. A07-1878, 2008 WL 4301018 (Sept. 23, Minn. Ct. App. 2008)

Frieler v. Carlson Marketing Group, 751 N.W.2d 558 (Minn. 2008)

Schutz v. Minneapolis Sch. Dist. Special Sch. Dist. No. 1, No. 27-CV-06-474 (Dist. Ct. Minn. Jan. 24, 2007)