Public Employees

At Kelly & Lemmons, P.A., clients are provided with quality and experienced labor law and employment representation for public and private employees throughout Minnesota. Our firm has a strong focus on advocating for employee rights. We are currently counsel for International Brotherhood of Teamsters, Local 1145 and outside counsel for Teamsters Public and Law Enforcement Employees Union Local 320. The latter includes representing sheriff’s deputies, police officers, and public employees in all capacities through grievance proceedings, discipline hearings, contract disputes and much more.

Protecting Public Employee Rights

Our attorneys have vast experience in public employee labor law that they can  apply to any case involving administrative disciplinary hearings in regards to dismissal, suspension, demotion, reprimand, involuntary reassignment, and others due to alleged misconduct. You will work with an attorney who is well-versed in Tennessen and Garrity warnings, the Peace Officers’ Bill of Rights, and Loudermill hearings. It is our goal and  focus to protect the rights of employees that work in all areas of public employment, from public works to public safety.

In addition to serving individual public employees, we also represent labor unions and consult on unfair labor practices, grievances filed pursuant to a collective bargaining agreement, and litigation resulting. We stay updated on changes to relevant regulatory, statutory, and caselaw affecting labor unions and public employees.

If you are a non-union public employee, Minnesota Statute 179A.25 provides that you may still be allowed to file a grievance and be heard by an independent hearing officer. Whether or not you receive an independent hearing depends on how your employer’s handbook defines it and whether there is a contractual right for you to not be terminated without cause.

Defending The Rights Of Veterans

Our firm is dedicated to representing veterans in civilian employment issues. Patrick Kelly is a former captain in the United States Army Reserves while Joe Kelly is currently an infantry Captain serving with the Minnesota National Guard.

As a veteran in the United States, you are entitled to preference in an open and competitive application for a local, county, state, or government job.

 

If a veteran feels that he or she is not getting preference, then a complaint may be filed with the Commissioner of Veterans’ affairs. This is referred to as “preference law.” The second facet of this is protection against being dismissed, terminated, or part of downsizing. As a veteran who has been honorably discharged, you can only be dismissed or fired if you are incompetent or you have committed an act of serious misconduct. If there is a layoff, you cannot be laid off unless the position itself is eliminated. Veterans are entitled to a hearing whether or not they are part of a union and must be kept on the company’s payroll until after a full hearing has been completed on the dismissal issue.

Contact A Minnesota Employment Law Lawyer

Public employees have rights and it is important that those rights are realized and asserted. If you feel that your rights have been violated in some way, then it is imperative to employ the services of an experienced attorney. At Kelly & Lemmons, P.A., you can make your voice heard and use our many services to find a solution to the employment matter that you are facing. To learn more, call us at 651-224-3781.