The HR Specialist: Minnesota Employment Law

A “sheltered workplace” in Bloomington, Minnesota, where disabled employees are paid pennies on the dollar may face changes following a Minnesota Department of Human Rights ruling. DHR Commissioner Kevin Lindsey found probable cause that Opportunity Partners discriminated against a disabled worker when it refused to consider him for one of its fully paid staff positions.

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You may have to fire an otherwise good worker if his attitude is bad enough. Be sure to document the misbehavior.

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Document your reason for firing an employee who is out on FMLA leave.

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The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

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A Minnesota appeals court has ruled that workers fired for refusing to go along with Minnesota Fair Labor Standards Act (MFLSA) violations can sue and recover damages.

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The EEOC and Minnesota Department of Human Rights are the agencies primarily responsible for making sure employers comply with discrimination laws. When an applicant or employee files a discrimination charge in Minnesota, either agency or both will investigate.

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The Minnesota state legislature has made significant employer-friendly changes to the veterans’ preference law that state, county, and municipal governments must follow, making it easier to terminate employees who aren’t working out.

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Employees who quit their jobs for a compelling reason but who don’t give their employers a chance to fix the problem aren’t eligible for unemployment compensation benefits.

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When employees say stupid things, take some small comfort: Not every stray comment will be grounds for a successful lawsuit.

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If you have a handbook that provides workers with a limited right to contest proposed discipline, make sure it also has a very strong at-will statement.

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