Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

Because absenteeism typically comes under the "minor problem" category, the first step is a precounseling session between the individual and his supervisor. In this session the supervisor determines if the employee understands the company's policy on absences. The positive discipline approach then consists of the following stages:

Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.
The Milton Hershey School, founded by chocolate magnate Milton Hershey to help underprivileged children, faces discrimination charges after it refused to admit a 13-year-old boy who is HIV-positive.
A laboratory fire that killed a UCLA technician has resulted in felony charges against the university and Pro­­fessor Patrick Harran, who ran the lab.
Creating independent-contractor agreements is not a do-it-yourself job. Always get expert legal help.
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.
Not every injury causes a disabling condition that qualifies for ADA protection.

Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.

Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.