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© 2012 Dorsey & Whitney LLP

  • Named one of “America’s Leading Business Lawyers” by Chambers USA (Labor & Employment), 2005-2011
  • Listed in Best Lawyers in America, 2009-2012
  • Named a Minnesota Super Lawyer, 2003-2004, 2006-2011

  • Boston College Law School (J.D.), Boston College International and Comparative Law Review,
    Notes and Comments Editor, 1986-87
  • Duke University (B.A.), cum laude

  • Minnesota
  • The United States Court of Appeals for the Eighth Circuit
  • The United States District Court for the District of Minnesota
  • The Minnesota Supreme Court and all other Minnesota State Courts

Melissa Raphan

Partner
Minneapolis
P: (612) 343-7907
F: (612) 340-2777
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Partner in the Labor and Employment practice group. Practices exclusively in the area of employment law.  Represents employers in employment litigation matters including class actions, collective actions, multi-plaintiff actions and single plaintiff cases nationwide and in administrative settings, including state and federal agencies. Counsels employers on a full range of issues including performance management, selection and termination. Designs and delivers training on every aspect of the employment relationship.  Frequent speaker on employment law topics.

Representative Work

  • Lead counsel for insurance companies in multiple jurisdictions handling claims of defamation, discrimination, Equal Pay Act, breach of contract, retaliation and tortious interference with contract
  • Lead counsel for financial services company in multiple jurisdictions handling claims involving breach of contract, fraud/misrepresentation, retaliation and defamation (Form U-5)
  • Lead counsel for utility company in cases involving sexual harassment, gender discrimination in pay (Equal Pay Act and Title VII), retaliation and tortious interference with contract
Recent Representative Cases
  • Price v. Northern States Power (D. Minn. 2011): Won summary dismissal of discriminatory pay practices under Equal Pay Act, Title VII and Minnesota Human Rights Act
  • Kweli Askari vs. L.A. FITNESS INTERNATIONAL, LLC, d/b/a LA FITNESS (D. Minn. 2010): Won summary dismissal of five-count complaint for breach of contract (unpaid commissions), race discrimination under Title VII and the Minnesota Human Rights Act; retaliation under Title VII and the Minnesota Human Rights Act
  • Becky McDonald v. ADC Telecommunications, Inc. (Henn. Ct. Dist. Ct. 2010): Won summary dismissal of retaliation claim under the Minnesota Human Rights Act
  • Anita Faye Heykants v. U.S. Bank (So. D. Iowa 2009): Won summary dismissal of retaliation claim under Title VII and Iowa Human Rights Act
  • Jeffrey Tubbs v. Wells Fargo Bank, N.A. (D. Minn. 2009): Won summary dismissal of claims for disability discrimination and failure to accommodate under the Americans with Disabilities Act and the Minnesota Human Rights Act
  • Boxdorfer v. Thrivent Financial (S.D. Ind. 2009): Won summary dismissal of three-count complaint for defamation (based on Form U-5); breach of contract and intentional infliction of emotional distress
  • Brown v. Ameriprise (D. Minn. 2009): Successfully brought motion to dismiss Title VII disparate impact claims in putative class action brought by salaried African American employees at company's corporate headquarters
  • Pederson v. RBC (FINRA Arbitration 2009): Successfully tried twelve-day FINRA arbitration on claims of gender discrimination, Equal Pay Act and breach of contract

Presentations

  • Frequent speaker on variety of employment law topics including retaliation, constructive discharge, discipline and discharge, sexual harassment.
      • “Kidwell v. Sybaritic – Inside Counsel Whistleblower and Ethics Issue,” Dorsey U, August 2010 
      •  “View from the Top: Best Practices in Helping Women Advance in the Legal Profession and Why it Should Matter to Everyone,” Dorsey U, June 2010.
      • “Discipline and Discharge: Walking the Fine Line,” Upper Midwest Employment Law Institute, May 2010)
      • “Solving the High-Risk Personality Problem in Your Workplace: A3 (Arrogant, Abrasive, Authoritarian) = C3 (Conflict, Complaint, Cause of Action),” Upper Midwest Employment Law Institute, May 2010
      • “The Toughest Employment Law Issues for your Corporate Clients,” Hennepin County Bar Association, May, 2010
      • “Catch 22: Managing the Employee Who Stays and Sues,” Dorsey U, September 2009
      • “Workplace Dysfunction and the Problem Employee,” Upper Midwest Employment Law Institute, May 2009
      • “Counting and Tracking Hours under the FMLA,” Minnesota CLE,February 2009
      • “How to Effectively Implement A Workplace Violence Program,” Upper Midwest Employment Law Institute, May 2008
      • “Workplace Dysfunction and the Problem Employee,” Upper Midwest Employment Law Institute, May 2008
      • “Successful Partnering Between Inside & Outside Counsel,” Dorsey U, January 2008

Publications
  • Co-editor and author (Chapter 6) of Discipline and Discharge Handbook, Minnesota CLE, Inc.

Attorney Articles

April 30, 2012
FINRA Rule 13204 Revision Overview
April 12, 2005
Former Senior Trader on International Equities Desk Receives $29.2 Million Jury Verdict in Sex Discrimination Case
November 5, 2004
New Law Ends Double Taxation of Attorney’s Fees in Discrimination Cases
February 24, 2004
New Rulings Affecting the Financial Service Industry

News & Press Mentions

August 28, 2007
Fourth Circuit Invalidates All FMLA Waivers