The HR Specialist: Minnesota Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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The HR Specialist: Minnesota Employment Law

Q. As a labor cost-cutting measure we are scheduling employees for three weeks on and one week off. We expect to keep this schedule indefinitely. Can employees collect unemployment for the one week they are off?

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Under Minnesota’s unemployment compensation laws, when service for a particular patient ends, attendants are only eligible for unemployment compensation benefits if they tell the staffing service they are willing and able to work with another patient. Otherwise, the end of the original assignment doesn’t count as a discharge.

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Don’t expect a court to simply take your word for it that an employee was doing a poor job.

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Employees who are terminated for misconduct aren’t eligible for unemployment compensation benefits. Just about any breach of an employer’s rules amounts to misconduct.

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Does your company offer a supplemental unemployment compensation plan to employees? If that plan pays the equivalent of regular weekly wages, then the employee can’t collect additional unemployment compensation payments from the state system.

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The Minnesota Supreme Court has remanded a case involving pregnancy discrimination. The trial court will have to decide whether an employer revoked a job offer due to pregnancy.

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Remember, employers can be held liable for managerial harassment, even if they’re unaware that anything wrong is happening. Show your good-faith effort to prevent harassment by documenting that you provided training to new managers.

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The 8th Circuit Court of Appeals has ruled that an economic downturn cannot be used as an excuse to justify continuing unequal pay under the Equal Pay Act.

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Q. We fired a worker for poor performance, but we didn’t tell him exactly why. Now he is demanding the discharge reason in writing. What do we do?

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Beginning during the Great Recession, the EEOC began to aggressively push for what has become known as “ban the box”—shorthand for prohibiting employers from asking about past criminal history before making a job offer.

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