Ted Haller
Ted Haller emcees benefit for the Innocence ...

Attorneys honored by Super Lawyers

Ben Kwan has been selected to the 2023 Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Previously, Ben was selected as a Rising Star by Super Lawyers six years in a row.

Ted Haller has again been selected to the 2023 Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country.

Ben Kwan makes Super Lawyers cover

Super Lawyers has again named Ted Haller and Ben Kwan 2022 Rising Stars. And Ben Kwan even made the cover!

Each year, no more than 2.5 percent of the lawyers in Minnesota are selected for the designation. The Super Lawyer list is based on a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

Attorney Ben Kwan Named Labor and Employment Law Specialist

The Minnesota State Bar Association announced the certification of Benjamin Kwan, of Haller Kwan LLP, as a MSBA Board Certified Labor and Employment Law Specialist. This Certification program is administered by the MSBA and approved by the Minnesota State Board of Legal Certification.

According to the MSBA, the “certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the speciality area, peer review, and documented experience.” The MSBA requires that certified attorneys have demonstrated superior knowledge, skill and integrity in their specific field and allows specialists to use the designation of specialist to advertise their credentials.

This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys. More information about Certified Legal Specialists is at https://www.mnbar.org/members/certification.


What is a wrongful termination?

Like beauty, a wrongful termination is in the eye of the beholder.

As employment lawyers, we are focused on illegal terminations. Illegal termination are always wrongful. But many wrongful terminations aren’t illegal.

Confused? Let us sort it out.

When might a termination feel wrongful, but still be legal?

A termination usually feels wrongful when it’s unfair—like when you spent years loyally working for a company only to be laid off with no severance pay; or when you boss just didn’t like you for some reason; or when you got blamed for a problem that may not have been your fault; or when your supervisor felt threatened by your strong performance; and the list goes on and on.

Here’s another way, albeit over-simplistic, to think about it: Generally, all terminations are legal unless a law makes them illegal.

When does a wrongful termination become illegal?

A termination becomes illegal when it violates a law— and that law could have been passed by lawmakers, or that law could exist as part of judge-created law, known as common law.

Examples of illegal termination usually involve discrimination or retaliation.

What is illegal discrimination?

Lawmakers have listed certain traits, called protected statuses or classes, that are protected from discrimination. Race is an example. Hair color is not an example.

In Minnesota, protected classes include:

  • Race

  • Age

  • Religion

  • National origin

  • Gender

  • Gender identity

  • Sexual orientation

  • Marital status

  • Disability

  • And more

What is illegal retaliation?

Illegal retaliation is when your employer fires (or takes some other adverse action) against you because you reported, discussed, or raised concerns about something you think is happening that would be illegal.

Surprisingly, retaliation may be legal if it’s for you reporting something that doesn’t involve illegality. For example, whether retaliation is illegal for reporting something solely unethical—but not necessarily illegal—can be a bit gray (and worth talking to a lawyer).

So, an employer likely engaged in illegal retaliation if it fired you after you reported concerns it was committing a crime; or if you reported possible discrimination; or if you reported sex/race harassment; or you refused to carry out an order because it’s illegal.

Are there other kinds of illegal and wrongful terminations?

Yes. It can be illegal for an employer to fire you for failing a drug test. Or, if you work for the government, it can sometimes be illegal for the employer to fire you based on something you said.

 If you have questions about whether your wrongful termination was illegal, use this link to book a free consultation with a lawyer at Haller Kwan LLP.

Can I afford to sue my former employer?

That was the question presented in a recent New York Magazine article that caught our attention.

 The article—“I Was Harassed at Work. Can I Afford to Sue?”—concerned a New York employee who left a job where they were subjected to a hostile work environment based on race.

That’s illegal. In New York. In the United States. And definitely here in Minnesota.

However, the employee seemed concerned about whether they could afford an attorney and whether it was worth it to pursue any case against the former employer.

Let’s start with paying a lawyer.

How much does a lawyer cost in a discrimination, harassment, retaliation, or wrongful termination case?

You should be heartened to learn that most Minnesota lawyers who help employees often do so on what’s called a contingent-fee basis. This means the lawyer will take a portion of the proceeds he/she is able to achieve for you—whether that’s through a settlement or a verdict.

If the lawyer is not able to achieve any monetary result, then usually you won’t need to pay them.

This puts the risk on the lawyer’s shoulders, and therefore means that lawyers who help employees are careful in choosing which cases to take.

Why might a lawyer decide to take, or not take, my case?

In determining whether to take on a case on a contingent-fee basis, lawyers usually think about two factors:

(1) Did the employer break the law?

This may seem obvious. But it will likely require a long conversation so the prospective lawyer can analyze the facts of the case and then see how they line up with the law.

If the lawyer thinks the employer broke the law, then the next step is determining how much you were damaged by the illegal behavior.

(2) What are the damages?

There are two main sources of damages in most employment cases: lost wages and emotional distress.

If an employer breaks the law and it costs you a job, then the employer can be on the hook for your wages until you find a new job. And even if you find a new job, the former employer might still be on the hook for some wage losses if the new job pays you less.

If an employer breaks the law and it costs you a job, then it can also be on the hook for any emotional distress damages you suffered. It’s helpful to prove emotional distress damages when a health professional, like a therapist, has some documentation of the emotional distress.

Therefore, a case value is often based on the time you expect to be out of a job and the emotional distress.

So, if you got a great job the day after a wrongful termination and the wrongful termination didn’t even bother you, then the case probably isn’t worth much. However, if you expect to be out of work for a long time and are suffering severe emotional distress, then the case can be worth a lot. Or, your wage losses could be really high, but your emotional distress low (and vice versa), which would still make for a high case value.

How do I find out how much my case might be worth?

The best way to get an answer on case value is to talk to a lawyer. You’re welcome to schedule a free consultation with a Haller Kwan LLP attorney by clicking this link.

Is it legal to fire me if I fail a drug test?

Probably not at first!

Minnesota has some of the strongest protections for employees when it comes to drug and alcohol tests. Sometimes the drug test itself might be illegal.

When can an employer drug test me?

An employer can legally test you:

  • before you start a job (so long as you received a conditional offer of employment)

  • if there’s a “reasonable suspicion” you’re under the influence of drugs or alcohol

  • if you got hurt on the job

  • if you were in a work-related accident

  • if you caused a work-related accident

When is it illegal for an employer to drug test me?

An employer cannot:

Can an employer fire me after a positive drug test?

Not if it’s your first failed test.

If you failed a drug test for the first time, then your employer needs to offer you the chance to attend drug or alcohol counseling or rehabilitation (at your own expense).

However, your employer can fire you if you refuse counseling or rehabilitation, or if you fail another drug test after participating in rehabilitation or counseling.

What if I have questions about my employer’s drug testing? Or what if I got fired after taking a drug test?

Minnesota’s drug testing laws are complex, but usually helpful to employees. In other words, it’s very easy for employers to break the law when it comes to drug and alcohol testing.

You are welcome to book a free, 20-minute consultation with an attorney at Haller Kwan LLP by clicking this link.

When is sex harassment illegal?

Many people are surprised to learn that courts don’t consider all sexual harassment illegal. In fact, before a sex harassment case goes before a jury, a judge usually first needs to decide whether the allegations of harassment are “severe or pervasive.”

If a judge decides the allegations are severe or pervasive, then you are entitled to a jury trial.

What is “severe or pervasive” sexual harassment?

“Severe or pervasive” is just legalese for saying the sexual harassment was really bad or happened a lot—enough to alter the working conditions for the employment relationship to become abusive.

Okay, then what is really bad—or a lot of—harassment?

Minnesota lawmakers define sexual harassment to include:

  • Unwelcome sexual advances

  • Requests for sexual favors

  • Sexual contact

  • Sexual communication

Of particular concern is when the sexual harassment is required for the job or to get a promotion.

How do judges typically decide whether someone’s conduct is sexual harassment?

Historically, and very unfortunately, judges have often dismissed allegations of sexual harassment that most people would find shocking. Courts would sometimes chalk up the conduct to an “unsuccessful pursuit of a relationship,” or just “immature” or “boorish” or “chauvinistic” behavior.

But not anymore.

Judges—especially Minnesotans—are catching up with the times thanks to an important case that went up to the Minnesota Supreme Court.

Why are sexual harassment claims easier to pursue now?

In 2020, every single justice on the Minnesota Supreme Court signed off on an opinion that basically instructed Minnesota courts to get with the times.

In that case, called Kenneh v. Homeward Bound, Inc., the justices said sexual harassment standards “must evolve to reflect changes in societal attitudes.” And the justices even acknowledged that people today “would likely not tolerate the type of workplace behavior that courts previously brushed aside.”

How are today’s sexual harassment cases decided?

Under the new standard created by the Minnesota Supreme Court, judges must look at “all the circumstances” regarding the sexual harassment to decide whether the conduct was severe or pervasive.

Is there anything else important to know regarding sexual harassment cases?

There’s a lot to know, and that’s why it’s helpful to reach out to a lawyer. For example, employers can sometimes get cases dismissed based on whether they had a chance to stop the harassment. In short, it can get complicated.

 What should I do if I want to learn more about whether I have a sexual harassment case?

 Feel free to book a free, 20-minute consultation with a lawyer at Haller Kwan LLP by clicking this link. All conversations are strictly confidential.

Ted Haller talks COVID-19 vaccine employment issues on FOX 9

Attorney Ted Haller appeared on FOX 9’s Morning News to answer employment questions about the COVID-19 vaccine, including:

  • can employers require workers to get vaccinated?

  • what happens if an employee refuses to get the COVID-19 vaccine?

  • are there any protections for workers with disabilities?

  • do employees with religious objections have any rights?

Ted Haller is a regular FOX 9 contributor, hosting the legal segment, “Is it Legal?”

Ted Haller & Ben Kwan Named Rising Stars by Super Lawyers

Haller Kwan LLP is grateful to announce that attorneys Ted Haller and Ben Kwan have been designated Rising Stars by the research team at Super Lawyers. It is the fourth year in a row Ben Kwan has been named a Rising Star.

Each year, no more than 2.5 percent of the lawyers in Minnesota are selected for the designation. The Super Lawyer list is based on a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

C. Ted Haller
Rated by Super Lawyers


loading ...
Benjamin Kwan
Rated by Super Lawyers


loading ...