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Employment Law

You may have to agree to part-time schedule after employee returns from FMLA leave

01/13/2009

Employers may be in for a nasty shock if they assume that an employee who can’t return to work full time after taking FMLA leave doesn’t have the right to reinstatement. If they can perform the essential functions of their jobs on a part-time basis, then employers may have to agree to a reduced schedule.

Whistle-blower needs more than hunch employer broke law

01/13/2009

Good news: Employees who claim to be whistle-blowers protected from discharge for complaining about alleged workplace problems under the Minnesota Whistleblower Act have to do more than make general allegations. A true whistle-blower has to show that his claim, if proven, would amount to a violation of a Minnesota law.

Native American status may mean extra bias claim

01/13/2009

People who identify themselves as Native Americans and believe they have been discriminated against may be able to sue based on two distinct claims for the same characteristic. Such individuals can claim discrimination based on national origin or race.

Stuffed monkey on noose rankles firefighters

01/13/2009

St. Paul Fire Chief Tim Butler said he will discipline two employees responsible for hanging a stuffed monkey by a noose in a fire station service garage in August. Butler said he learned about the monkey in September, when he ordered an investigation and had the items taken down.

Wal-Mart settles Minnesota W&H lawsuit for $54 million

01/13/2009

Wal-Mart agreed Dec. 9 to pay $54.25 million to settle a seven-year class-action lawsuit with roughly 100,000 current and former hourly employees in Minnesota. All things considered, that was a bargain.

Hilton women sue over orgy

01/13/2009

Deborah Smith, a former night manager of the SkyWater Restaurant at the Hilton Minneapolis, has filed a lawsuit alleging she was fired for walking in on an orgy involving upper managers in December 2007.

Former Minnesota U.S. Attorney retaliated against whistle-blower

01/13/2009

Former U.S. Attorney Rachel Paulose retaliated against John Marti, a former first assistant U.S. attorney for the district of Minnesota, according to an investigation by the U.S. Office of Special Counsel.

Not a union employer? Proposed EFCA could soon change that

01/13/2009

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.

Can we have an English-only rule?

01/13/2009

Q. Is it OK for our company to prohibit employees from speaking in languages other than English in front of our customers?

Can we terminate now an employee who we know can’t return from FMLA leave?

01/13/2009

Q. We have an employee out on FMLA leave and have just learned that she will not be able to return to work when her FMLA entitlement expires. Should we go ahead and send her a termination notice now?