Congress has passed several laws aimed at fighting discrimination in the workplace. In 1990, Congress passed the Americans with Disabilities Act to provide protections and accommodations for disabled persons in the workplace. The ADA prohibits employers from denying employment because a person has a disability. Further, the law imposes a duty to accommodate disabled persons in the workplace. Employers must provide reasonable accommodation to allow an employee to complete their job assignments. Reasonable Accommodation Laws in Minnesota Under the ADA, reasonable accommodation is a modification or adjustment to a job, the work environment, or to the normal hiring process to provide equal opportunities in the workplace to people with disabilities. Reasonable accommodations are meant to assist a disabled person in three ways: Providing equal opportunities for people with disabilities in the hiring process; Providing accommodations so a person with a disability can perform their essential job duties; and Ensuring that an employee with a disability can enjoy the same job benefits as their co-workers. Some examples of reasonable accommodations include: Installing a ramp or modifying a restroom; Providing screen reader software; Providing sign language interpreters or closed captioning at meetings; or Changing workplace policies to allow service animals in the workplace. Employees with a disability may request any reasonable accommodations that would assist them in performing their essential job functions. Requesting Accommodation Employees bear the responsibility to request reasonable accommodations if they have a disability. This request can be made verbally or in writing and does not require specific language or procedures. Employers are required to provide reasonable accommodations depending on the specific needs of the individual and the nature of the work. Employers must work with the employee who requested accommodation to determine if it is reasonable and necessary for the employee to perform their job. When Can an Employer Deny a Request for Accommodation? Under certain circumstances, employers may deny requests for accommodation. If the requests are unreasonable, the employer may refuse to grant the request or may modify the request. Examples of unreasonable requests include: Requests that eliminate an essential function of the job, or Requests that disrupt the company’s ability to make profits. Additionally, employers do not need to grant accommodations that would cause the employer undue hardship. Undue hardships include: Significant costs to the employer, Disruption of the normal course of business, and Significant difficulty. Courts assess undue hardship based on several factors, including: The size of the employer, The employer’s financial resources, The nature of the employer’s business, and The impact of the accommodation on the business. Employers only have to provide accommodations for disabilities of which they are aware. If you have a disability and you need accommodations, you must inform your employer and make a request. What Should I Do if My Employer Denied My Reasonable Accommodation Request? Your employer may not ignore your request or deny a reasonable request. If your employer ignores or denies your request, you should follow the guidelines below to fight your request denial. Put Your Request in Writing First, put your request in writing and send it to the head of your company’s human resources department. Although not required by law, this will help ensure your employer understands your request. You can also refer back to your written request if you need to pursue further action. Contact an Attorney If your employer continues to ignore your request, you should speak with a qualified employment discrimination attorney. Your attorney can contact your employer directly and help you demand your accommodation. An attorney also understands the ADA and other anti-discrimination laws and can help you navigate the process. Your lawyer can help ensure your request is reasonable to avoid denial by a court. Finally, your attorney can help ensure your request fully accommodates your needs. The ADA guarantees people with disabilities equal opportunities in the workplace. Your attorney will work to ensure you receive the accommodation to which you’re entitled. File a Claim with the Equal Employment Opportunity Commission If your employer refuses demands and negotiations with your lawyer, you can file a claim with the Equal Employment Opportunity Commission. The EEOC will assess your claim to determine if your employer has discriminated against you. If the EEOC does not take action or you are dissatisfied with the outcome, your lawyer can help you file a claim in court. We Are Here to Help If you have a disability, you have a right to equal opportunities in the workplace. We do not tolerate discrimination, and we will fight diligently to protect your interests. The attorneys at Arechigo & Stokka have extensive experience defending our client’s interests and protecting their rights. We put our clients first, and we strive to answer all of your questions and provide you support every step of the way. For a free consultation, call our office at 651-419-5366 or fill out an online form.Read More
If you have been charged with a crime or were injured at work,
there is no room for error when it comes to your case.
Don’t take a chance with your future. Hire a criminal defense attorney or workers compensation lawyer who has handled hundreds of cases.
The criminal defense lawyers and workers comp lawyers of Arechigo & Stokka provide direct, personal attention to your case. Our attorneys are committed to achieving your case goals, no matter the type of injury or criminal charge.
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"I reached out to John Arechigo about a case I had and John was outstanding. He made the process very easy for a person who does not know how the process work, and accomplished the goal I wanted. My experience was very positive and I would highly recommend John to anyone who need to have their case looked into or dismiss. Would definitely reach out to John if ever a problem should arise for any future help."- J Thao
"Best Attorney in MN! Thank you to Mr. John Arechigo and everyone at Arechigo & Stokka, P.A for the exceptional job they did with our case. Because of their professional knowledge, dedicated efforts, hard work, and compassion, we got the outcome that we needed. If you ever need an exceptional attorney for any sort of civil forfeiture, John Arechigo of Arechigo & Stokka, PA is the only law firm I would call. We are grateful and thankful for all they have done to help us get our property back."- Monica K
"The legal expertise provided by John was nothing less than exceptional. When a sibling of mine was facing multiple serious felonies and in dire need of top-notch representation, John was the man. In and out of the court room, he's knowledge and professional are second to none. Throughout the case, he restored hope into our family. He delivered as he stated, and now we have our family back together. This man is worth every penny, he gets the job done. "- Safi Khalif
"I have been a client of Arechigo & Stokka for nearly a decade. They provide exceptional legal representation and maintain good working relationships with various judges and prosecuting attorneys in the Twin Cities area. They are well versed in the current laws which are continually changing. This allows them to quickly adapt, if needed, in order to offer the best legal strategy possible for a given case. Arechigo & Stokka treat each case with the utmost importance, work promptly to advocate for their clients’ needs, and communicate openly with each regarding the status of their particular case."- Abigail Peterson
"John Arechigo is an absolute miracle worker. My friends and I have used him multiple times. Extremely knowledgeable and a wizard in the court room. John always answers his phone and will be with you every step of the way through the legal process. Highly recommended!"- Bryan Larson
"John was a true professional. He listened to and understood all of my questions, and he always provided a quick and thorough response. If I ever find myself in another situation where a lawyer is necessary, I will not hesitate for a second to call him!"- Mack Ziemer
"While facing some serious felony level charges that would have potentially put me away for awhile, John's legal expertise proved otherwise. He was very coherent, competent, and consistent in fulfilling his duties throughout the entire process. His constant communication and knowledge about the law kept me at ease, knowing that I had one of the best defense attorneys in MN on my team."- Mubashir Jeilani
"John is professional, extremely knowledgeable and empathetic. He always answered any questions I had in a timely matter and I felt that he was truly invested in my case from start to finish. I would highly recommend him and his firm."- Ted Spiess
From The Blog
Workers’ compensation is financial compensation for lost wages and medical expenses employers are required to provide to employees that suffer an injury at work. Minnesota law requires Lowe’s to provide workers’ compensation benefits to workers injured during the course of their job either through an insurance policy or from its own financial resources. If you suffered an injury while working at Lowe’s in Minnesota, you should contact a workers’ compensation lawyer today. Am I Entitled to Workers’ Compensation from Lowe’s in MN? You are entitled to workers’ compensation from Lowe’s if you were an employee at the time you suffered a work-related injury. Minnesota law requires employers to provide workers’ compensation benefits to their employees either through an insurance carrier or by obtaining permission for self-insurance from the State of Minnesota. Workers’ compensation benefits you’re entitled to include lost wages, medical expenses, rehabilitation expenses, and ongoing disability benefits. A workers’ comp lawyer can help you determine which benefits apply to your case. Types of Accidents at Lowe’s That Can Qualify for Workers’ Compensation Common accidents Lowe’s employees might suffer that can qualify for workers’ comp benefits include: Slipping and falling on the floor; Joint damage from repetitive movement; Back and neck injuries from lifting heavy objects, including loading and unloading trucks; Falling from a ladder when stocking inventory; and Being involved in a truck accident when making deliveries. If you’ve been injured while working at Lowe’s, talk to a workers’ comp lawyer today to find out whether your injury qualifies for benefits. How to File a Workers’ Compensation Claim Against Lowe’s In Minnesota, you must notify your supervisor of your injury within 14 days of the accident. Next, Lowe’s should complete and file a First Report of Injury (FROI) form with its insurance company within 10 days of the date you notified them of your injury. Its insurance company should then file it with the Minnesota Department of Labor & Industry within 14 days of the date Lowe’s became aware of your accident. The purpose of this form is to start the claim process and provide information about the accident and your injury. What Should I Do After a Workplace Accident at Lowe’s? After suffering a workplace accident at Lowe’s, you should seek immediate medical care. You should report the accident and your injuries to your supervisor as soon as possible. Additionally, you should check your employee handbook for Lowe’s specific medical providers. Failing to use an in-network provider might disqualify you from receiving workers’ compensation benefits. Next, you should contact a workers’ compensation lawyer. A lawyer can help you determine whether you are eligible for workers’ compensation and ensure you meet all deadlines. A lawyer can maintain all documentation and fight Lowe’s or its insurance company if they deny you benefits when you have a legitimate claim. The attorneys at Arechigo & Stokka, P.A., have over 10 years of experience representing injured workers. They will handle every aspect of your case with your best interests in mind. Contact us today to schedule your free consultation.Read More
Criminal assault can happen in a variety of circumstances. The types of charges vary depending on the circumstances and the severity of the harm. Second-degree assaults involve a dangerous weapon and carry serious penalties. If you are facing 2nd-degree assault charges, contact a qualified Minnesota criminal defense attorney as soon as possible to explore your legal options. What Is Second-Degree Assault? Under Minnesota law, second-degree assault is a felony offense. Second-degree assault charges fall into two different subdivisions: Subdivision 1, assault with a dangerous weapon, and Subdivision 2, assault with a dangerous weapon that causes substantial bodily harm. A “dangerous weapon” can include numerous different objects if used as a weapon to harm another person. Dangerous weapons include: Any firearm, whether loaded or unloaded; Any combustible or flammable liquid; and Any other object that is used or intended to be used to cause great bodily harm or death. Under subdivision 2, if a person causes substantial bodily harm to another person while using a dangerous weapon, the aggressor will face heftier penalties. Minnesota law defines “substantial bodily harm” as bodily injury that: Involves a temporary but substantial disfigurement, Causes a temporary but substantial loss of function of a body part, or Causes a fractured or broken bone. It is important to remember that a person can face 2nd-degree assault charges even if substantial bodily injury does not occur. Even threatening someone with a dangerous weapon may be sufficient evidence to prove guilt. 2nd-Degree Assault Sentences People charged with 2nd-degree assault face felony charges and serious consequences. Under subdivision 1, if you commit an assault with a dangerous weapon, but the victim does not suffer substantial bodily injury, you may face: Jail time up to seven years, A fine of up to $14,000, or A combination of jail time and monetary fines. Second-degree assaults that cause substantial bodily harm carry harsher penalties. Subdivision 2 second-degree assault sentences include: Imprisonment of up to ten years, A fine of up to $20,000, or A combination of jail time and fines. Second-degree assault charges are very serious and can substantially disrupt your life. A criminal defense attorney can help you assess your options and figure out the best course of action. How Will It Affect Me? In addition to the possible legal penalties, felony convictions can affect you long after you pay your fines and serve your jail sentence. Felony convictions may: Prevent you from securing a job, Limit your ability to find housing, and Prevent you from obtaining student loans for education expenses. Because second-degree assault charges carry such severe penalties, it is critical that you seek an experienced attorney to help you defend your interests. Your attorney can help you understand your legal options and craft a defense that improves your chances of success. Defenses to Second-Degree Assault Charges Depending on the facts of your case, several different defenses may be available. The most common types of defenses to second-degree assault are described below. Self-Defense and Defense of Others Self-defense is one of the most common defenses to second-degree assault. A person can claim self-defense when: The alleged victim initiated the confrontation, You reasonably believed you faced immediate bodily injury, You could not escape or retreat to a safe location, and You used only enough reasonable force to stop the attack. Defense of others is another common defense to second-degree assault. Defense of others is the same as self-defense except that you may use reasonable force to protect others from imminent bodily injury. Defense of Property A person may also reasonably defend their property, but only in limited circumstances. For example, if someone steals your property, such as a wallet, directly from your person, you may use reasonable force to protect your property. Other Defenses Other types of defenses to second-degree assault include: Lack of sufficient evidence, Consent to the contact, Voluntary or involuntary intoxication, and An alibi. A strong defense can result in dismissal of all of your charges, or the defense can help reduce your criminal sentence. However, successfully proving your defense is a complex process. Working with a skilled Minnesota criminal defense attorney will improve your chances for success and help you return to your normal life as quickly as possible. Should I Hire an Attorney? Experienced Minnesota criminal defense attorneys understand the nuances of the criminal justice system. The attorneys at Arechigo & Stokka, P.A., have a comprehensive understanding of the relevant laws and decades of experience defending clients in state and federal courts. Our attorneys will advise you on what to do after an arrest to avoid making the situation worse. In addition, our team of attorneys and staff will handle all of the steps necessary to create a strong legal defense. Our team of attorneys and staff can help you by: Performing factual investigations, gathering witness statements, and other relevant documents; Gathering medical records and hospital reports; Collecting police crime scene reports; Negotiating agreements and pleas with the prosecutor; and If necessary, defending you during trial. As soon as you are arrested, you have a right to a lawyer, and you should exercise that right. Working with an attorney improves the chances the court or prosecutor will dismiss your case or reduce your charges. Contact an Attorney Today If you are facing second-degree assault charges, contact the law firm of Arechigo & Stokka, P.A., today. Our dedicated staff cares deeply about our clients, and we will assist you every step of the way. We provide hands-on, personalized legal services, and we will fight aggressively to defend your interests. Call our offices at 651-401-7926 or fill out an online form today.Read More