June 2016: Newville Wins At Court of Appeals On Behalf of Injured, Undocumented Workers

On Monday, June 6, 2016, Joshua Newville secured a victory at the Minnesota Court of Appeals on behalf of an injured, undocumented worker who was fired after pursuing workers’ compensation benefits.

The case is a win for undocumented workers, as the Defendant argued that such workers are not entitled to the protections of Minnesota anti-reprisal laws.

The decision holds:

1. Undocumented workers are entitled to the protections of Minn. Stat. 176.82, subd. 1. The defendant employer argued that such a cause of action is preempted by the federal Immigration Reform and Control Act.

2. Putting an undocumented employee on an indefinite, unpaid leave constitutes an adverse employment action under the Minnesota Workers Compensation Act. The defendant employer argued that the Act defines adverse action only to include termination.