Please click on the Practice Areas below to learn more about them.
Employment Law
According to the Bureau of Labor Statistics, more than 80,000 discrimination suits were filed in 2001. EEOC verdicts that year totaled more than $51 million dollars. The costs for businesses to defend employment discrimination claims can climb into the millions of dollars. Most business executives and owners understand the importance of effective, experienced and proactive legal counsel to advise them on issues before and after a lawsuit is filed.
Peterson, Logren & Kilbury, P.A.has the experienced staff and resources to address all legal issues pertaining to employment and labor matters. In addition to our litigation work, we advise clients in the development and implementation of programs and practices that reduce of the possibility of litigation.
We have represented employers ranging from small businesses to major corporations. Throughout our twenty-five year history, our employment and labor law practice has provided counsel in areas ranging from the Americans with Disabilities Act, the Federal Civil Rights Act and the Family Medical Leave Act, as well as a variety of training, contract and employment policy issues.
Our employment practice includes:
- Affirmitive Action Plan Issues
- Americans with Disabilites Act (ADA) compliance issues
- Employee manual and personnel policy development
- COBRA issues
- Contract and tort matters
- Discrimination matters based sex, sexual orientation, gender, age, disability, national origin, race or religion
- EEOC and Department of Human Rights claims
- Hiring and firing; job interview practices
- Occupational Safety and Health Administration (OSHA) compliance matters
- Privacy and employee monitoring issues
- Title VII claims, including sexual harassment and hostile work environment issues
- Wage and hour disputes
- Wrongful termination matters.
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Our attorneys have also handled litigation in state, federal and appellate courts and have defended employers before the Equal Employment Opportunity Office and Minnesota Department of Human Rights.
Labor Law
Labor law is a broad area of the law that covers the relationship between groups of employees, organized into unions, and employers, that is, management. Our firm has a long history of representing major employers locally and nationally in collective bargaining, labor arbitration, labor disputes, labor relations board proceedings under the NLRA, unfair labor practices, union relations, and wage and hour laws.
Risk Management
At Peterson, Logren & Kilbury, P.A., we have the experienced staff and resources to advise clients in the development
and
implementation of programs and practices that reduce the possibility of litigation. Even though prevention
seems
like it can be put off, it pays off in a number of ways by conserving valuable business resources and creating
a healthy work environment.
At Peterson, Logren & Kilbury, P.A., we can help you develop effective policies on:
- Personnel record keeping
- Disability accommodation
- Family Medical Leave Act, short long term disability
- Other types of leave
- Drug and alcohol screening
- Termination of employment - union and nonunion
- Nondiscriminatory hiring practices
- All forms of harassment in the workplace.
We also provide employer training in:
- Detecting drug abuse
- Preventing all forms of harassment
- Reducing insubordination
- Accident investigations/claim loss control.
Larry Peterson is an owner of WCMC, Inc. ( http://www.wcmcinc.com/) which is a workers'compensation risk manager. It advises employers on controlling workers' compensation costs and in creating employment solutions in the context of a workers' compensation injury.
Early Intervention as a Risk Manager
If you already suspect that an employee is going to bring a work related claim against you, or you are in the initial stages of a claim, it is important to take appropriate actions to minimize your exposure.
One of the benefits of a small firm is the freedom for our attorneys to share strategies. Our clients have access to several viewpoints. All of our attorneys, however, believe in early intervention.
When you bring us in early in a claim, we can help you:
- Returning the employee to work
- Reducing claim costs
- Speeding up claim resolution
- Ensure all employment law issues are appropriately defended.
Contact us today to find out how you can avoid costly lawsuits with risk management strategies.
Workers Compensation Defense
We represent a number of clients in the defense of workers' compensation claims under the Minnesota and Wisconsin workers' compensation laws. Many are self-insured employers and some clients are insurance companies. The various disability discrimination laws (ADA, etc.) are frequently involved in workers' compensation claims as well. Our attorneys appear routinely before state and federal courts and agencies and are familiar with the personnel and procedures at both Minnesota and Wisconsin Departments of Labor and Industry.
Although workers' compensation defense is a high volume, fast-paced field, at Peterson, Logren & Kilbury, P.A. we give every case care and attention to insure that each employer and insured's matter is handled promptly, efficiently and effectively. The hallmarks of our service are reasonable attorney caseloads, expertise in the law, timely communications with the client and cost effective representation.
At Peterson, Logren & Kilbury, P.A., we assign to one attorney. This promotes smooth and accurate communication of critical facts between the attorney and the client. It encourages shared strategic decisions, promotes individual attorney accountability, and affords clients a pivotal role in how the case will be handled. This client focus assures not only vigorous legal representation but also means close attention to client needs for prompt reporting, adherence to litigation plans and meeting billing requirements. Clients hear from assigned attorneys regularly, are provided with timely recommendations regarding case handling and strategy, get prompt return of phone calls and are provided with timely and meaningful status reports. Strong emphasis is also placed on prompt and cost effective file closure.
Longshore and Harbor Workers' Compensation Defense
Peterson, Logren & Kilbury, P.A. represents a number of clients in the defense of workers' compensation claims under the Longshore and Harbor Workers' Compensation Act.
The Longshore and Harbor Workers' Compensation Act covers injuries that occur during maritime employment on navigable waters of the United States. Maritime employment includes the loading/unloading vessels, repairing vessels and building a vessel. The term Navigable waters may be places beyond where a boat could float-Navigable water can include places on land that adjoin water. A worker who is injured on a pier, wharf, dry dock, or terminal can be compensated under the Act.
We have represented employers with Longshore operations on Lakes Superior and Michigan and the Mississippi River. They are vessel and barge builders, dry dock repair facilities and railroads operating iron ore docks.
Litigation and Appeals
Our knowledge, experience and training in litigation and appeals is supported by our aggressive and proactive style. We have represented individuals and businesses in a wide array of disputes, including those involving real estate, automobile accidents, breach of contract and others in addition to the areas described above. Oral arguments have been made by attorneys of Peterson, Logren & Kilbury, P.A. before the 7th & 8th Federal Circuit Courts of Appeal, Minnesota's Workers' Compensation Court of Appeals, Court of Appeals and Supreme Court.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is the process of resolving legal conflicts without going to trial. Our firm is in the forefront of this area, advising clients on arbitration, mediation, mini-trials, and private judging. We have extensive expertise in determining when a form of ADR is in the best interest of clients and meets their needs better than traditional litigation. We have substantial experience and training in ADR and routinely advise our clients on the legal consequences flowing from particular terms and conditions of all ADR options.
Larry Peterson is on the ADR Panel of the Union Construction Crafts-Workers' Compensation Fund. He serves as a mediator or arbitrator to resolve or decide disputes between Minnesota construction companies and their union members. He is starting a mediation service for the employers in the St. Paul Midway Chamber of Commerce to assist them in resolving personnel disputes.
Commercial Collections
It is important for businesses to keep their eyes on the bottom line to stay competitive. You can be sure that your competition will use some form of Internet presence and will consider all methods to decrease costs and improve profitability. One of the best ways to stay competitive is to minimize losses through bad accounts. At Peterson, Logren & Kilbury, P.A. we have the experience and legal tools to collect accounts that are due.
We straddle that fine line between aggressive debt collection which may push a business into bankruptcy and creative repayment plans with security and guarantees.
Condemnation-Eminent Domain
The taking of private property for a public purpose is known as eminent domain. The process by which land is actually taken is referred to as "condemnation". Condemnation can take many forms including:
- State and local highway expansion or acquisitions
- Creation of bike paths and public trails by the DNR
- High voltage power and energy lines (eg. CapX project)
- Oil, natural gas and sewer pipelines
- Urban renewal and private development cases
- Light rail corridors
Landowners need representation in eminent domain and condemnation cases.
Typically, property owners are at a disadvantage in dealing with governmental entities and utility companies which are trying to take their land. While property owners will probably only face condemnation once in their life, governments and utilities have experienced attorneys and personnel who are trained at the procedures necessary to take your property at the lowest price.
Dealing with representatives from the government or utility companies usually proves frustrating and challenging for many landowners. Frequently, the damage to property is unique. Trees and landscaping are lost and buildings along with septic and utility systems must be relocated. There is also the inconveniences and damage caused by construction. In the opinions of many landowners, they can never be adequately compensated because of the taking.
When you have been notified that the government or a utility is trying to take your property, it is important to consult with an experienced condemnation attorney who can protect your rights.
We have over 20 years of experience in representing landowners in condemnation matters at the design stage, public hearings, commissioner hearings, trial and appellate levels. Attorney Larry Peterson is a condemnation/eminent domain attorney, real estate agent, broker, and arbitrator for Construction Arbitration Services. We know whatyour property is worth, we know how to get it properly appraised and we know how to get you fair compensation. Many times, we can compel the government or utility to pay your appraisal and attorney fees.
Over the years, our firm has represented clients for many different condemnation issues. We have challenged the public purpose of the government's taking of land for highway and recreational uses. Likewise, we have represented many landowners who live along our roads and highways and have parts of their land taken for highway expansion. In many of these cases we more than doubled the amount initially offered to the landowner by the condemning authority. Our firm has also successfully prevented a city council from taking farm land for a service road to a gas station and challenged the taking of land between cities for bike paths. When the government has refused to pay landowners for property they had taken, we have petitioned for inverse condemnation to compel the government to pay our clients for that land.
Let us help you fight for your rights.
Plaintiff's Personal Injury and Wrongful Death
Our firm represents individuals injured because of the negligent or intentional behavior of another. Victims of personal injury are entitled to financial compensation for their medical and property expenses, incidental costs caused by the accident, and may be entitled to additional damages to cover future expenses, pain and suffering, or other issues. If you or a family member has been injured as a result a car accident or other accident, contact us to discuss your case.
Wrongful Death is a legal term that refers to situations when a person dies due to the negligence of another. Wrongful Death cases may arise as a result of a variety of incidents, including car and other motor vehicle accidents. The goal of our firm is to make sure that the survivor and beneficiaries are maximally compensated for their loss. In times of grief it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties. Let Peterson, Logren & Kilbury, P.A. speak for you.
Automobile Liability
Peterson, Logren, & Kilbury provides litigation defense of automobile liability claims. Our firm handles everything from uninsured and underinsured motorist claims to the defense of complex liability and damages claims. This includes first and third party automobile liability cases, No-Fault claims, coverage issues, personal injury defense, and related matters.
Through our experience we have an extensive network of medical professionals, accident reconstructionists, and other experts that can assist us in providing the best legal representation. We also quickly assess cases whether they involve slight injuries or catastrophic injuries. While our firm is always prepared to aggressively litigate cases, we also recognize the benefits of alternative dispute resolution and use this process to help meet our client's objectives.
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