Introduction

Teresa is a shareholder in Fredrikson & Byron’s Employment and Labor Law Group. Teresa recognizes that in this economy, it is increasingly important for organizations to remain out of the courtroom. Through training and counseling, she works closely with her clients to implement risk prevention strategies to avoid costly litigation. 

When litigation ensues, Teresa aggressively defends employers in state and federal courts as well as administrative agencies and private arbitrations. She has significant experience defending retaliation and reprisal claims brought under the Minnesota Whistleblower’s Act, the workers’ compensation statute, the Minnesota Human Rights Act, and other state and federal civil rights laws. Teresa has litigated innumerable claims of sexual harassment, wrongful termination, discrimination (age, disability, gender and race), defamation, and FLSA and FMLA violations. As the Chair of the firm’s Trade Secret and Non-Compete group, Teresa also works affirmatively on behalf of businesses to enforce confidentiality, non-compete and anti-solicitation agreements, and other commercial contracts. 

Teresa also works closely with her clients on everyday employment issues. When issues arise, Teresa’s clients contact her because she guides and counsels them, providing an objective view of performance, discipline and termination issues. This focus on litigation prevention also includes policy development, employee training, and general human resources best practices. Teresa trains, writes and lectures extensively on the use of technology in the workplace (including, email, internet, blogs, social networking sites, PDAs, cell phone use and text messaging) focusing on increasing the benefits of technology while decreasing the risks associated with employee use and abuse.

Teresa co-authors the blog, netWORKed, an open discussion of technology and social media in the workplace. She can be found at http://www.twitter.com/techsolaw; http://www.networkedlawyers.com; and http://www.linkedin.com/in/teresamthompson.

Education

• William Mitchell College of Law, St. Paul, MN, J.D., 1994, magna cum laude
• Marquette University, Milwaukee, WI, B.A., 1990

Bar Admissions

• Minnesota Supreme Court, 1994
• Eighth Circuit Court of Appeals, 1996
• Federal District Court, District of Minnesota, 1997
• Colorado Supreme Court, 1998

Practice Areas

• Employment & Labor
• Litigation
• Construction
• Non-Competes & Trade Secrets
• Internal Investigations
• Appellate

Representative Experience

Employment-Related Litigation

• Successfully represented large non-profit organization through jury trial against claims of defamation and Whistleblower violations in Ramsey County, MN
• Defended national retail sales business against claims of Whistleblower violations arising from report of employee drug use in Minnesota state court
• Defended national retails sales business against claims by a minority shareholder involving allegations of wrongful termination
• Defended local sales and distribution center against claims of disability discrimination and FMLA violations
• Defended local health care organization against claims of hostile work environment, reprisal and gender discrimination
• Defended national health care organization against claims of race discrimination, retaliation, hostile work environment and constructive discharge
• Defended numerous Minnesota counties in federal district court and the Eighth Circuit Court of Appeals against claims involving gender and age discrimination; retaliation; disability; race discrimination; Whistleblower and FLSA violations

Trade Secret/Non-Compete Litigation

• Defended national insurance brokerage and sales representatives against claims of tortious interference, breach of contract, breach of duty of loyalty, and breach of anti-solicitation clause
• Obtained injunctive relief on behalf of Minnesota manufacturer in non-compete litigation to enforce contractual obligation of a former sales employee
• Commenced commercial arbitration for Minnesota insurance brokerage to enforce non-compete and anti-solicitation agreement, and for breach of fiduciary duty and duty of loyalty; arbitrator ruling in favor of client on all claims

Training And Counseling

• Counseled and trained clients on effective use of technology in the workplace, avoiding pitfalls and liability
• Counseled and trained clients on the impact of generational differences in the workplace, leveraging benefits of the generational differences and minimizing the potential liability arising from those differences
• Advised employees and businesses on enforceability of non-compete, anti-solicitation and confidentiality agreements and best practices for enforcing and complying with such agreements
• Advised and trained clients on human resources best practices, including policy development, termination techniques, discipline and documentation
• Prepared severance agreements, severance policies and executive employment contracts

Selected Publications & Presentations

• Presenter, “Thumbdrives, Emails and iPhones: Protecting Your Data When an Employee Leaves the Company,” Non-Competes & Trade Secrets Webinar, April 30, 2012
• Presenter, Social Media Best Practices in Recruiting, Sourcing and Hiring, March 15, 2012
• “New Report on Social Media Provides No Bright Line Tests for Employee Conduct or Employer Policies,” co-authored with Norah Olson Bluvshtein, FredALERT: Employment & Labor, March 14, 2012
• Presenter, “Women's Business Matters: Social Media,” February 28, 2012
• Presenter, “Thumbdrives, Emails and iPhones: Protecting Your Data When an Employee Leaves the Company,” February 23, 2012
• Presenter, “The Impact of Social Media on Jury Selection, Retention and Decision-Making,” December 22, 2011
• Presenter, “Social Media and the Workplace: Ten Hot Questions and Their Answers,” Hennepin County Bar Association, December 14, 2011
• “Social Media: Ten Hot Questions and Their Answers,” Fredrikson & Byron’s 27th Annual Employment & Labor Law Seminar, November 10, 2011
• Presenter, “Social Media,” ARRM Leadership Conference, September 29, 2011
• Presenter, “Protecting Your Hard Work and Yourselves - Hot Legal Issues that Impact All Bloggers,” Minnesota Blogger Conference, September 10, 2011
• “Social Media: Hot Legal Topics in Health Care,” guest faculty at the University of St. Thomas, June 1, 2011
• Presenter, “Social Media and Talent Acquisition: Are You in Compliance with the OFCCP and EEOC Requirements?,” May 11, 2011
• Presenter, “Who Owns Social Media?,” MN ACCA Employment Practice Group Luncheon, April 27, 2011
• “Social Networking - Does it work at Work?” Minnesota Multi Housing Association, 16th Annual Working Together Conference, March 9, 2011
• Presenter, Social Media Law Seminar, Bloomington, MN, March 1, 2011
• “Social Media - Does it Work at Work?” Third Annual Minnesota HR Tech Expo, February 23, 2011
• “Social Networking and the Work Place: What Employers Want and Need to Know,” Aging Services of Minnesota 2011 Institute, February 10, 2011
• “Social Media - A Practical Discussion of How Social Media Impacts the Workplace,” Human Resources Professionals of Minnesota, February 9, 2011
• “Viewing Pornography at Work Isn’t Always a Terminable Offense,” co-authored with Karen Schanfield, FredNEWS: Employment & Labor, December 2010
• “Social Networking - Does it work at work?,” SHRM 2010 Conference, Duluth, MN, October 11, 2010
• “Employment Practices Liability Insurance (EPLI)-Help or Hindrance?,” “Facebook: Friend or Foe?,” and “Social Media-The Law Scrambles to Catch Up,” Fredrikson & Byron’s 26th Annual Employment & Labor Law Seminar, October 7, 2010
• “Social Networking - Does it work at work?,” The Business Bank, September 23, 2010
• Keynote Speaker, “Harnessing the Power of Social Media for Your Career, Your Firm, and Your Clients,” Minnesota Paralegal Association Annual Convention, June 18, 2010
• “Social Networking - A Practical Discussion of Employment, Privacy, and Internet Issues,” Health Law Webinar, May 12, 2010
• Speaker, “Implementing Legally Enforceable Non-Competition/Non-Solicitation Agreements,” Fredrikson & Byron’s Trade Secrets Seminar, April 8, 2010
• “Social Media and Technology in the Workplace,” co-authored with Norah Olson Bluvshtein, FredNEWS: Bank & Finance, March 2010
• “Social Networking and Social Media - a Practical Discussion of How They Impact the Workplace,” 2010 HR Tomorrow, Carlson School of Management, April 16, 2010
• “Social Networking - A Practical Discussion of Employment, Privacy, and Internet Issues,” MMGMA 2010 Winter Conference, March 2-3, 2010
• “Covering Your Assets in the Age of Employee Mobility – Steps Employers Can Take To Keep Trade Secrets a Secret,” Fredrikson & Byron Trade Secrets Seminar, February 17, 2010
• “Why You Should Evaluate Employment Practice Liability Insurance in a Down Economy. Are you covered?” Fredrikson & Byron Seminar, January 27, 2010
• “Social Media and Technology in the Workplace: Top 5 New Year's Resolutions for 2010,” co-authored with Norah Olson Bluvshtein, FredNEWS: Employment & Labor, January 2010
• Webcast co-presenter, Minnesota CLE: Electronic Use Policies, December 10, 2009
• Panelist/Speaker, “Social Networking in Business: How to Navigate the Playing Field without Fumbling the Ball,” Carlson School of Management, Center for Human Resources and Labor Studies Professional Development Workshop, October 20, 2009
• “Social Media” and “Generational Issues in the Workplace,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
• “Employees’ MySpace Posts May Create Employer Liability for Invasion of Privacy,” co-authored with Norah Olson Bluvshtein and Jessica Edwards, Summer Associate, FredNEWS: Employment & Labor, September 2009
• Presenter, “Why Electronic Use Policies Matter!,” Strategic Solutions for Solo & Small Firms^SM – 2009, Minnesota CLE, Duluth, MN, August 9-August 11, 2009
• Webcast co-presenter, Minnesota CLE: Protecting Trade Secrets, Customers and Employees in a Challenging Economy, July 21, 2009
• Webcast co-presenter, Minnesota CLE: Keys for Unlocking Generational Differences in the Workplace, June 24, 2009
• “You can tame Wild West of technology, yet keep benefits,” Upsize Magazine, February/March 2009 issue
• Presenter, “Email and Online Etiquette in the Office and the Workplace,” Minnesota CLE Webcast, February 17, 2009
• Presenter, “Tech Tuesday: Electronic Use Policies,” Minnesota CLE Webcast, December 16, 2008
• “The Generation Wars: Tips for Effectively Managing Generational Differences in the Workplace,” December 2, 2008
• “Technology in the Workplace,” “Are Employees Who Complain (or Whine) About Employer Practices Legally Protected,” and “The Collision between Technology and the Workplace-Practical and Legal Pointers,” Fredrikson & Byron’s 24th Annual Employment & Labor Law Seminar, October 30, 2008
• “Email and Online Etiquette: What Employers and Employees Need to Know,” FredNEWS: Employment & Labor, July 2008
• “An Employer’s Right to Monitor Email and Text Messages Remains Strong,” FredNEWS: Employment & Labor, July 2008
• Speaker, Managing and Monitoring Employee Use of Technology in the Workplace, June 3, 2008
• Co-author, “Where Technology and the Workplace Collide - An Analysis of the Intersection Between Employment Law and Workplace Technology,” Privacy & Data Security Law Journal, April 2008
• Presenter, “Where Technology and the Workplace Collide,” 2008 Nonprofit Technology and Communications Conference, Minneapolis, March 27, 2008
• “Whistleblower Protections and Risks” Fredrikson & Byron’s 23rd Annual Employment & Labor Law Seminar, October 11, 2007
• “Release of Claims in Separation and Severance Agreements,” Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, December 2006
• Speaker, Fredrikson & Byron’s Annual Employment and Labor Law Seminar, October 2006
• “The United States Supreme Court Defines Retaliation and Expands Employment Rights,” Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, August 2006
• Protections Offered by Employee Handbooks – Upsize Magazine, November 2005
• Interaction Between ADA and FMLA – Midwest Employment Law Institute, May 2004
• Case Studies in the ADA and FMLA – Minnesota Counties Insurance Trust Annual Meeting 2004
• Preventing Sexual Harassment Claims for Bar, Restaurant and Hotel Management, April 2002
• Interaction between FMLA, ADA, and Workers’ Compensation, Minnesota Counties Insurance Trust, Workers’ Compensation Institute, October 2000
• Minnesota Continuing Legal Education, Civil Litigation Motion Practice, Punitive Damages Motions, August 15, 2000

Honors & Distinctions

• Labor and Employment Law Specialist, certified by the Minnesota State Bar Association
• Named both a “Rising Star” and a "Super Lawyer" by Minnesota Law & Politics
• Genesis II for Families, Inc.’s 2008 Community Partner of the Year