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Employment Law

Court provides guidance on DATWA drug tests, time limits

12/12/2012
The Minnesota Court of Appeals recently gave employers some certainty regarding the state’s Drug and Alcohol Testing in the Workplace Act. But that certainty is a double-edged sword.

Doubt disability? Simple accommodations are best bet

12/12/2012
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Your best weapon in court: documentation that’s dated

12/12/2012

Employees have a limited window in which to file discrimination complaints and related lawsuits. Miss the deadline and the case is over. That’s why it’s important to document all employment decisions—even trivial ones—with a note and a date for the record.

Can’t stop employee from working off the clock? Fire him for willful misconduct

12/12/2012
What can employers do when em­­ployees insist on clocking out and continuing to work? Warn them—and then discipline them. If you terminate employees for refusing to listen, they won’t be eligible for un­­em­­ployment compensation and you will also protect your company from an overtime lawsuit.

If you agree to a late return date, extend employees’ reinstatement date, too

12/12/2012
The Minnesota Parental Leave Act provides up to six weeks of leave for childbirth and recovery or adoption. Employees who take leave are entitled to reinstatement. It also includes a provision for extending parental leave, stating that leave “may not exceed six weeks, unless agreed to by the employer.” Until now, it remained up in the air what should happen to the reinstatement right if the employer agreed to a longer leave.

Consult lawyer before reclassifying employees

12/12/2012
Before you jump on the independent contractor bandwagon, remember that when challenged, many such arrangements fail to meet legal tests. The more control you assert over so-called independent contractors, the more likely a court will call them employees.

Hysterics may be sign FMLA leave is required

12/12/2012

Here’s something to consider before you reflexively terminate an employee who walks out. If she’s so distraught that she’s shaking, crying and hysterical, she may need FMLA leave. Instead of terminating her, let her know she should request FMLA leave.

Caregiver leave: Was this firing disability discrimination?

12/12/2012
A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.

OK to fire worker who took FMLA leave–as long as reason doesn’t involve FMLA

12/12/2012
Taking FMLA leave doesn’t protect employees from being fired for other reasons.

Whether layoff affects one or 100, use solid business reasons to justify job cuts

12/12/2012
Sometimes, all it takes to cure a budget shortfall is to cut one position. As a business move, doing so is just as valid as conducting a much larger layoff. As long as you can show the change was based on business needs, you won’t lose a discrimination case.