--- title: Elements of a Reprisal Action description: An employer can get caught between the proverbial rock and a hard place when making employment decisions about employees with a history of making workplace complaints. The reported appellate law on this issue is pretty limited and understandably so. Every case is so intensely fact-specific that, quite literally, no two cases are alike. --- [Dan's Desk](https://www.gallatin-law.com/blog/author/dan-gallatin) - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer) - [hugo](https://www.gallatin-law.com/blog/tag/hugo) - [MN](https://www.gallatin-law.com/blog/tag/mn) - [law](https://www.gallatin-law.com/blog/tag/law) - [attorney](https://www.gallatin-law.com/blog/tag/attorney) - [legal](https://www.gallatin-law.com/blog/tag/legal) [Subscribe](https://www.gallatin-law.com/blog/elements-of-a-reprisal-action#) 05/18/2016 # Elements of a Reprisal Action - - - - - [mailto:?subject=Elements%20of%20a%20Reprisal%20Action&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Felements-of-a-reprisal-action](mailto:?subject=Elements%20of%20a%20Reprisal%20Action&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Felements-of-a-reprisal-action) An employer can get caught between the proverbial rock and a hard place when making employment decisions about employees with a history of making workplace complaints. The reported appellate law on this issue is pretty limited and understandably so. Every case is so intensely fact-specific that, quite literally, no two cases are alike. That said, the elements of a reprisal claim are well established. In order to establish a [prima facie](http://dictionary.law.com/default.aspx?selected=1598) case of reprisal, a plaintiff must demonstrate 3 things: 1. The person engaged in [statutorily protected conduct](http://www.garlands-digest.com/treatise/20/20310.html); 2. The employer took an adverse employment action against the employee; and 3. A causal connection between the employee's protected conducted and the employer's adverse action. [Hoover v. Norwest Private Mortg. Banking](http://caselaw.findlaw.com/mn-supreme-court/1117101.html), 632 N.W.2d 534, 548 (Minn. 2001). A failure on any of these elements means there is not a prima facie case for a reprisal claim. [Knowing the law](https://www.dol.gov/ofccp/pdf/EO13665GeneralWorkPlaceRightsFactSheet_ES_QA_508c.pdf) is a great asset for employers. The peril lies in thinking that you know the law, but not appreciating how the law applies to your specific case. A bit of legal research for even slightly comparable cases can save an employer a great deal of time and expense. For assistance with your employment issues, [call me](https://gallatin-law.com/pages/contact-us) before making a wrong decision. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site. - [employment law](https://www.gallatin-law.com/blog/tag/employment-law), - [attorney](https://www.gallatin-law.com/blog/tag/attorney), - [Elements of a Reprisal Action](https://www.gallatin-law.com/blog/tag/elements-of-a-reprisal-action), - [hugo](https://www.gallatin-law.com/blog/tag/hugo), - [law](https://www.gallatin-law.com/blog/tag/law), - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer), - [legal](https://www.gallatin-law.com/blog/tag/legal), - [minnesota](https://www.gallatin-law.com/blog/tag/minnesota), - [MN](https://www.gallatin-law.com/blog/tag/mn), - [reprisal](https://www.gallatin-law.com/blog/tag/reprisal), - [rights](https://www.gallatin-law.com/blog/tag/rights), - [reprisal claim](https://www.gallatin-law.com/blog/tag/reprisal-claim), - [workplace](https://www.gallatin-law.com/blog/tag/workplace), - [statutorily protected conduct](https://www.gallatin-law.com/blog/tag/statutorily-protected-conduct) ![Dan Gallatin](https://www.gallatin-law.com/hubfs/assets-mjfw/site%20images/Dans-Desk.jpg) ## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin) Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo. ### CONNECT WITH ME - ## Related Posts [![Discrimination and Employee Reprisal: A Primer](https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAFLj38Nkzc.png) 09/07/2022 Discrimination and Employee Reprisal: A Primer It is a very, very challenging market for employees right now. I cannot identify a single client or employer who I've heard report that they are… Read Post ](https://www.gallatin-law.com/blog/discrimination-and-employee-reprisal-a-primer) [03/20/2019 Minnesota Court of Appeals Enforces Employment Agreement In a notable win for the employers of Minnesota, the Court of Appeals just issued an opinion affirming an employer's summary judgment win against an… Read Post ](https://www.gallatin-law.com/blog/minnesota-court-of-appeals-enforces-employment-agreement) ### Subscribe Here! ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Dan Gallatin", "url" : "https://www.gallatin-law.com/blog/author/dan-gallatin" }, "dateModified" : "2020-08-21T22:53:17.519Z", "datePublished" : "2016-05-18T05:00:00.000Z", "headline" : "Elements of a Reprisal Action", "mainEntityOfPage" : { "@id" : "https://www.gallatin-law.com/blog/elements-of-a-reprisal-action", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.gallatin-law.com/hubfs/logos/Gallatin-Logo-654x84.png" }, "name" : "Gallatin Law, PLLC" } } ```