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Education

William Mitchell College of Law, J.D., Summa Cum Laude
 - Dean's List

Miami University of Ohio, B.A., Summa Cum Laude

Bar & Court Admissions

  • Minnesota
  • U.S. District Court District of Minnesota
Photo of Danielle W. Fitzsimmons
Danielle W. Fitzsimmons
Associate
Overview
Experience
News & Insights
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Danielle Fitzsimmons is a member of the Employment, Benefits and Labor section and practices principally in the areas of:

  • Employment litigation 
  • Employment counseling
  • Non-compete agreements and restraining orders
  • Business litigation

Danielle works with employers in a wide-variety of employment litigation and counseling matters. She represents clients in state and federal courts, as well as before state and federal agencies, such as the Equal Employment Opportunity Commission and the Minnesota Department of Human Rights. Danielle defends employers facing allegations of violations of numerous employment statutes, including Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act and the Minnesota Human Rights Act. She also represents employers seeking to enforce employment contracts, namely non-competition agreements, and defends employees against claims regarding restrictive covenants. 

Apart from litigation, Danielle counsels clients on day-to-day employment matters such as hiring, promoting, disciplining, terminating, determining reasonable accommodations and ensuring compliance with state and federal hour, wage and leave requirements. 

While in law school, Danielle served as both an executive editor of the Journal of the National Security Forum and the assistant editor of the William Mitchell Law Review. She also externed for the Honorable John R. Tunheim and the United States Attorney's Office.

Experience

  • Successful jury trial: court ordered injunction on non-compete. At trial, jury found former sales employee breached his employment contract and was not entitled to any deferred compensation. Court ordered former employee to pay $189,000 in attorneys' fees to employer and ordered former employee to return all company documents to his possession.
  • Successfully obtained directed verdict on Plaintiff’s claims for breach of non-compete agreement and tortious interference brought against terminated employee and his new employer.
  • Successful jury trial: won jury verdict in favor of international food company and obtained a $90,000 judgment against plaintiff in employment discrimination lawsuit.
  • Successful jury trial: obtained total defense verdict on local artist’s claims of fraud and unjust enrichment brought against advertising firm.
  • Successful arbitration: arbitrator found brewery liability for breach of contract after client’s beverages spoiled.
  • Defended employer against claims for disability discrimination, sexual harassment, reprisal and marital status discrimination in violation of the Minnesota Human Rights Act.
  • Defended employer against claims for sex-plus discrimination, reprisal and marital status discrimination.
  • Defended employer and its owner against claims of disability discrimination, reprisal, aiding and abetting discrimination, violation of Minnesota's whistleblower statute, negligence and intentional interference with economic advantage.
  • Defended philanthropic organization against former employee's allegations that he was wrongfully discharged in violation of the parties' lifetime employment agreement.
  • Successfully defended national bank by obtaining Rule 12(b)(6) dismissals on homeowners’ claims that bank violated several statutory and common laws by not giving homeowners loan modifications.
  • Defended cable and wire manufacturer against claims of personal injury and wrongful death for alleged exposure to asbestos-containing products.
  • Defended homeowner in construction defect appeal.
  • Defended hydraulic fracking company in breach of contract dispute.

Social Media

Danielle contributes to Minnesota Employer, Briggs and Morgan's Employment, Benefits and Labor blog intended to provide practical employment law information concerning federal and state employment laws for Minnesota employers. Posts discuss employment issues, litigation, legislation and other matters that have an impact on employers.