Brian T. Rochel


rochel@teskemicko.com

main: (612) 746-1558

direct: (612) 767-0528

Visit Brian on LinkedIn

About Brian

Brian Rochel represents employees in trial, litigation and negotiation of all types of claims. This includes, for example, retaliation, whistleblower, wrongful termination, discrimination, sexual harassment, disability, age and qui tam or False Claims Act (FCA) lawsuits.

Brian also negotiates favorable results for clients, including in mediation, arbitration and settlement negotiations. In fact, Brian is an experienced, Rule 114 qualified mediator, giving him a unique insight into the mediation process for his clients that many attorneys do not have.

Brian has tried many cases to judgment. His recent successes include an award of $361,000 in a court trial in favor of a disabled employee, a $360,000 jury verdict in a retaliation claim, and a $140,000 jury verdict for a woman who was sexually harassed and fired because she reported the harassment to management. His successes also include a win at the Minnesota Court of Appeals, reversing dismissal of several fraud and misrepresentation claims and remanding the case to jury trial.

In addition to representing employees at trial, Brian represents employees in contract and severance negotiations, ranging from complex executive compensation agreements, to severance and non-compete contracts.

Brian has appeared before the Minnesota Supreme Court as a member of the MN-NELA Amicus Committee, participating in amicus petitions and briefing in several high-profile cases, including Sanchez v. Dahlke Trailer Sales, 897 N.W.2d 267 (2017) a seminal case on the intersection of federal immigration law and Minnesota law prohibiting employment retaliation, and Ford v. Minneapolis Public Schools, 874 N.W.2d 231 (2016), a leading case on the Minnesota Human Rights Act and alternative dispute resolution.

Brian has been recognized as a “Rising Star” by Super Lawyers every year since 2012. This is a rare distinction awarded to only 2.5% of practicing attorneys, and is awarded based on a combination of peer nominations and objective criteria. Brian has also been named an “Up & Coming Attorney” by Minnesota Lawyer, and been awarded the “Outstanding Author of the Year” by the Federal Bar Association’s (FBA) Labor & Employment Section.

Brian is adjunct faculty at Mitchell | Hamline School of Law, teaching “Litigating Civil Rights Cases,” a practice intensive course for students concentrating on employment and civil rights.Save

Brian also regularly presents and writes on issues impacting employees’ rights and is a member of several organizations, including board membership on the National Employment Lawyers’ Association’s (NELA) Eighth Circuit and Minnesota chapters, as well as the FBA) Labor & Employment Section and Younger Lawyers’ Division. Brian is an avid writer, authoring “Circuit Updates” for the Eighth Circuit on behalf of the FBA and contributing multiple articles on employment law.

Brian volunteers with the Seward-Longfellow Restorative Justice Partnership, facilitating conferences between victims and juvenile offenders in South Minneapolis. He also enjoys running, basketball, biking, camping and traveling.

Recognition

Brian has received numerous awards and recognitions and is very active in his community, in federal, state and local bar associations, and particularly in the labor and employment field advocating for employees’ rights. Here are some examples:

  • NamedUp & Coming Attorney” by Minnesota Lawyer (2017)
  • Rated a perfect 10 out of 10 (“Superb”) by Avvo
  • Named a “Rising Star” by Super Lawyers, Minneapolis/St. Paul Magazine (2012-2016)
  • Awarded the “Outstanding Author of the Year” by the Federal Bar Association (FBA) Labor & Employment Section (2015)
  • Recognized as Minnesota State Bar Association North Star Lawyer for pro bono service (2014-present)

Involvement

• Adjunct Faculty, Mitchell | Hamline School of Law, 2017

• Co-Chair, Committee on Programming and Continuing Legal Education, FBA Labor & Employment Section, 2016-2017

• Co-Chair, Committee on Publications and Public Relations, FBA Labor & Employment Section, 2015-2017

• Member, Federal Bar Association Labor & Employment Section, 2010-present

• Vice President, National Employment Lawyers Association–Minnesota Chapter (MN-NELA), 2016-2017

• Board Member, National Employment Lawyers Association–Minnesota Chapter (MN-NELA), 2014-2017

• Member, National Employment Lawyers Association–Minnesota Chapter (MN-NELA), 2010-present

• Board Member, FBA Younger Lawyers Division (YLD), 2015-2017; Liaison to FBA Labor & Employment Section

• Volunteer Attorney, Minnesota State Bar Association Unemployment Appeals Clinic, 2012-2017

• Volunteer Attorney, Pro Se Project, U.S. District Court, 2011-present

• Committee Member, Minnesota State Bar Association Human Rights Committee, 2012-2014

• Board Member, National Employment Lawyers Association–8th Circuit Chapter,  2012-2014

• Member, National Employment Lawyers Association (NELA), 2011-2017

• Volunteer Facilitator, Seward Longfellow Restorative Justice Partnership, 2011-present; Executive Committee, 2012-2013

Presentations

Brian has appeared on radio, is a regular contributor to a national employment publication, has presented on many panels, and has been published in national and local legal periodicals regarding employment law issues. Following are examples of Brian’s presentations and published works.

• “What I Wish I Knew Starting Out As a Plaintiff’s Employment Lawyer,” National Employment Lawyers Association National Convention, Los Angeles, CA; June 2016

• “The Intersection of Disability, FMLA and Workers’ Compensation Retaliation Laws,” Minnesota Counties Intergovernmental Trust’s (MCIT), Advanced Employment Issues for Public Entities; June 2016

•”LGBT Issues: Taking Action and Getting Results,” National Employment Lawyers Association–Eighth Circuit Biennial Conference, Kansas City, MO; April 2016

Employment Law Series: The Intersection of Disability, FMLA and Workers’ Compensation Retaliation Laws,” Minnesota CLE, October 2015 
“What’s New at the EEOC in the Wake of Recent Supreme Court Decisions,” (Moderator/OrganizerFederal Bar Association Labor & Employment Section Seminar, August 2015
• “The MHRA Right to a Jury Trial–When Does It Apply?” Minnesota-NELA, October 2014
“Federal Law Clerks’ Tips on Trial and Dispositive Motions,” (Moderator/Organizer) Federal Bar Association Labor & Employment Section Seminar, September 2014
• “ADAAA Claims: Employers Retreat and Reload”(Moderator), 8th Circuit Conference, National Employment Lawyers Association, April 2014
• “Becoming the Land of 10,000 Languages: Effectively Working with Interpreters and Navigating other Challenges when Representing Immigrants” (Moderator), Minnesota State Bar Association, 2013
• “Pratfalls, Cat’s Paws and Fact Questions: Maximizing the Potential in Employee Retaliation Claims,” 2013 Upper Midwest Employment Law Institute, July 16, 2013
• “Hostile Work Environments: Beyond Sexual Harassment,” Minnesota State Bar Association-Labor & Employment Section, May 8, 2012
• “Winning Civil Damages in Workers’ Compensation Claims,” Minnesota Association for Justice (MAJ), May 4, 2012
• “The Constitutional Right to a Jury Trial in MHRA Claims,” Minnesota State Bar Association Human Rights Committee, February 13, 2012
• “Civil Causes of Action Related to the Minnesota Workers’ Compensation Act: §176.82,” MAJ 2012 Worker’s Compensation Seminar, February 10, 2012
• “Employment Law Series: Basics of Workers’ Compensation Retaliation Claims,” Minnesota CLE, October 10, 2012

Radio
Title: Employment Law Survey & Protecting Employee Rights
Organization: The Legal Journal
Type: Radio Broadcast
Year: 2012

Publications

“Is McDonnell Douglas Too Burdensome? Circuits Question the Utility of the Decades Old Burden-Shifting Model,” The Labouring Oar, Federal Bar Association, Spring 2015 (coauthored with Phillip M. Kitzer & Frances E. Baillon)
“The Jury’s Still Out: Assessing the Constitutionality of the MHRA’s Ban on Jury Trials,” The Hennepin Lawyer, March 2013 (coauthored with Phillip M. Kitzer)
• Co-Editor, Federal Bar Association Labor & Employment Circuit Update, 2014-present
• Co-Editor, Federal Bar Association’s “Labouring Oar” Magazine, 2015-present
• Bi-monthly Contributor, Federal Bar Association Labor & Employment Circuit Update (Eighth Circuit), 2013-2015
• Reviewer, BNA/Employment Law Aspects of Gender Identity and Sexual Orientation–Minnesota Section, 2014
• “Universal Governmentality: A Critical Take on ‘Universal’ Human Rights and the Right to Education in Sri Lanka,” 3 INT’L J. CIV. SOC’Y L. 1 ( 2010)

Representative Cases

Dubiel v. G&K Services, File No. 27-CV-10-5234 (Minn. Dist. Ct. May 9, 2011) (jury verdict of $361,000 in workers’ compensation retaliation case);
Abrahamson v. National Pawn Co. of Minnesota, (Minn. Dist. Ct.  Apr. 2014) (jury verdict of $133,000 for sexual harassment and retaliation);
Fleck v. FMMI, (Minn. Dist. Ct. April 1, 2013) (win at trial, award of $357,000 in discrimination case–case involved two trials);
Sletten v. CPS, No. A12-2210 (Minn. Ct. App. June 3, 2013) (court of appeals victory reversing summary judgment on fraud and tortious interference claims and remanding for trial);
Oliver v. MCTC, (January 2015) (summary judgment denied in disability and workers’ compensation retaliation claims);
Lindner v. Donatelli Bros. of White Bear Lake, 2014 U.S. Dist. LEXIS 110268, 1 (D. Minn. Aug. 11, 2014) (summary judgment denied on FMLA and disability claims);
Gordon and Haggins v. The New French Bakery, File No. 27-CV-11-16306 (Minn. Dist. Ct. 2012) (court denied both of Defendant’s motions for summary judgment in their entirety).

Admissions

• Supreme Court of Minnesota
• U.S. District Court District of Minnesota
• U.S. Court of Appeals for the Eighth Circuit
• U.S. District Court for the Eastern District of Wisconsin

Education

• Juris Doctorate Degree, summa cum laude, Hamline University School of Law, St. Paul, Minnesota; Dean’s List and Articles Editor, Hamline Journal of Public Law & Policy
• Certificate in Advocacy & Problem Solving, Hamline University School of Law, St. Paul, Minnesota, Dispute Resolution Center
• Bachelor of Art’s Degree, magna cum laude, Hamline University, St. Paul, Minnesota

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