Disability protections under the Minnesota Human Rights Act differ from those set by the ADA. Employers covered only by the MHRA and not the ADA are free to reject a reasonable accommodation request without consulting with the employee.
Employers that have well-documented business reasons for every discharge typically win lawsuits that allege discrimination. Good records force employees to prove that an allegedly legitimate reason for firing was a pretext for covering up discrimination.
When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.
The 8th Circuit Court of Appeals has signaled it will continue to give lots of leeway to employees who act as their own attorneys.
The Minneapolis ordinance requires large employers (those with $500,000 or more in gross annual revenue) to pay $15 per hour by July 1, 2022.
Employees or applicants who want to sue an employer for discrimination generally have to file a complaint with the EEOC or the equivalent state administrative agency within 300 days of the alleged discrimination. Otherwise, they lose the right to do so.
When a worker receiving unemployment benefits accepts a job she isn’t required to accept because it is “unsuitable” for her training, education or ability, she can quit within 30 days and regain unemployment benefits. But simply quitting because she thinks she is going to be discharged doesn’t count.
When you are offering an applicant a part-time position with variable hours, be sure you make the terms clear. If you create an expectation and then reduce her hours, she may be able to quit and file a claim for unemployment compensation benefits.
Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?
It’s common for employers not to track the hours of independent contractors or exempt employees. That could end up being a serious mistake should one or more of those workers sue, arguing they were misclassified under the Fair Labor Standards Act.
An employee with a prior disciplinary history may deserve more severe punishment for rule-breaking than a co-worker with a clean record. However, you must document that history and the role it played in your decision-making.
Citing rules against discussing personnel matters, Rochester, Minn. city officials are remaining silent concerning a $1 million payout to a 25-year veteran of the city’s police force who was disciplined after making controversial online comments about current events.
In news that may spell trouble in 2018 for Minnesota employers, it appears that the state’s unemployment rate is steadily declining to lows not seen in decades.
Former “Prairie Home Companion” host Garrison Keillor alleges his firing from Minnesota Public Radio was completed without a proper investigation of sexual harassment allegations made against him.
Unless you get expert help drafting the agreement, your noncompete agreement may backfire. If you don’t follow Minnesota rules, you may end up with a contract that’s invalid and can’t be enforced.
When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both.
An employee can quit and sue for constructive discharge if the working conditions are truly intolerable. Being suspended with pay pending an investigation doesn’t qualify.
Courts will always examine employment issues through the lens of one question: Would an average, reasonable worker have quit under the circumstances, choosing to become unemployed?
A husband and wife team of video photographers have lost a lawsuit in which they argued they could legally refuse to record the weddings of same-sex couples.
The Minnesota Supreme Court has given the go-ahead to lawsuits against employers that fire workers who refuse to share their tips with other employees or the employer.