Dan Wilczek is a partner in in Faegre Baker Daniels' Minneapolis office. Dan has focused his practice on employment and labor law issues since joining the firm in 1981.

Daniel Wilczek regularly assists employers in all the types and stages of employment law issues confronting employers on a day-to-day basis. As a member of Faegre Baker Daniels' employment litigation group, his practice focuses on litigation, representing clients in employment disputes in more than a dozen states.

Dan's practice spans the full breadth of labor and employment law. This experience is critical in providing effective and efficient legal representation in employment law matters, which requires an understanding of the interplay among the complex array of federal and state laws governing the workplace and an appreciation of how legitimate business decisions may be perceived and misconstrued if challenged in the courtroom. Dan has been elected to the College of Labor and Employment Lawyers and has been selected by his peers as one of "The Best Lawyers in America" and as a Minnesota "Super Lawyer."

Dan's practice can be roughly divided into three areas: trial practice; administrative practice; and client counseling. Some examples of his work in each of these areas are described below.

Trial Practice

• Assisting employers with early evaluation of lawsuits, including consideration of alternatives to litigation, including mediation
• Conducting extensive motion practice, including obtaining summary judgment in favor of employers in state and federal courts in various types of employment-related claims, including age, sex, race and disability discrimination, equal pay act laws, breach of employment contract, breach of restrictive covenants, promissory estoppel, fraud and defamation
• Trying to conclusion jury and court trials in discrimination, breach of contract and wage-hour matters
• Representing employers in appeals before state and federal appellate courts

Administrative Practice

• Representing employers in charges of discrimination filed with the Office of Civil Rights for the U.S. Department of Education, state and local equal employment agencies in Minnesota, Iowa, Nebraska, South Dakota and Montana alleging race, sex, age, affectional preference, national origin, religious and disability discrimination
• Representing employer in unfair labor practice and election-relating hearings before the National Labor Relations Board
• Representing employers in arbitrations under collective bargaining and individual employment agreements

Client Counseling

• Advising employers regarding employee discipline and discharge matters
• Assisting employers in analyzing their obligations to employees and applicants under the ADA
• Preparing employment contracts, including noncompetition agreements
• Preparing and assisting in the interpretation and application of employment policies and manuals
• Conducting employee training seminars on issues such as sexual harassment, documenting performance issues and disciplining employees
• Advising employers regarding wage hour issues

Representative cases include:

Wojewski v. Rapid City Regional Hospital, et al., 450 F.3d 338, 17 AD 1761 (8th Cir. 2006). Appellate court affirmed trial court's dismissal of discrimination claim by surgeon with bipolar disorder.

Inglis, et al. v. Buena Vista University, 235 F.Supp. 2d 1009 (2002).
Claims under Title VII, Equal Pay Act and Iowa Civil Rights Act by six female faculty members challenging the university's pay practice as biased on the basis of sex. Summary judgment granted to our client.

Schroeder v. United Parcel Service, Civil No. 3-99-cv-10184, 2001 U.S. Dist. LEXIS 20866, 12 AD 754, (S.D. IA 2001).
Employee claimed that employer failed to accommodate her alleged disability. We represented the employer and argued successfully that plaintiff's condition was not a disability under applicable law. Trial judge granted summary judgment to our client.

Virginia Arthur and Wendy Klepetar v. The College of St. Benedict; and The Order of St. Benedict, d/b/a St. John's University, No. 98-cv-01959 (JMR/FLN), 2001 U.S. Dist. LEXIS 17806, 87 FEP 1, (D. Minn. Oct. 10, 2001) (Rosenbaum, J.).
Plaintiffs sought to bring class action under the Equal Pay Act and Title VII on behalf of female faculty at two institutions of higher education, claiming that they were denied benefit on basis of sex. Motion to certify class was denied. Trial judge granted summary judgment in favor of our client on plaintiffs' individual claims finding that difference in benefit was based on legitimate factors unrelated to sex.

Carleton College v. NLRB, 230 F.2d 1075 (8th Cir. 2000).
Traditional labor law/unfair labor practice proceeding for alleged discrimination against adjunct faculty member for organizational activity. The Eighth Circuit Court of Appeals overturned the NLRB's finding of an unfair labor practice, finding in favor of our client.

McConnell v. Pioneer Hi-Bred International, Inc., Civ. 98-4060-KES 2000 DSD 2, 2000 U.S. Dist. LEXIS 3335, 10 AD 518, (D. SD 2000).
Disability discrimination alleging discrimination and failure to accommodate plaintiff's alleged bipolar disorder. Trial court granted summary judgment for our client. The decision was affirmed by the Eighth Circuit Court of Appeals.

Fitzgerald v. United Parcel Service and Todd Markuson, No. 98-2981, 1999 U.S. App. LEXIS 9712 (8th Cir. May 12, 1999).
Plaintiff alleged that he had been forced to resign due to hostility of employer following his support of a co-worker's claim of sexual harassment. Summary judgment granted in favor of our client.

Pro Bono

Honors

Civic Activities

• SouthWest Transit Commission Member – Rider Representative (2011-12)

Presentations

Legal Updates

• Training Supervisors to Prevent Workplace Harassment
  United Educators Perspectives (March 2010)