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Employment Law

Small employers: Always check to see if you’re too small to be sued under Title VII

11/09/2011
Note to small employers interested in avoiding unnecessary hassles—and lawsuits: If you receive an EEOC or local employment discrimination agency complaint, don’t assume or admit that you have enough employees to be covered by the law.

Employee suing for bias? Double-check whether he’s filed EEOC or MHRA complaint

11/09/2011
Here’s a tip that can save you time and money: When you receive a notice that an employee, applicant or former employee has filed a Title VII discrimination lawsuit in federal court, always double-check whether the employee has already filed an EEOC complaint or a Minnesota Human Rights Act (MHRA) complaint (with the box for joint EEOC filing checked).

Employee returning from FMLA leave? Insist on ability to perform essential functions

11/09/2011
Employees who take FMLA leave for their own serious health condition are entitled to return to their former jobs or equivalent ones once their leave is up. But if an employee still can’t perform an essential function of the old job, you may not have to reinstate him.

State agencies slapped with age discrimination suits

11/09/2011
Three state agencies—the Minne­sota departments of Commerce, Pub­lic Safety and Natural Resources—face nearly identical EEOC lawsuits claiming they discriminated against workers based on their age.

ADA claim during bankruptcy must be honored

11/09/2011

When an employee files for bank­­ruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the em­­ployer have to list any claim against it as a liability?

The 2 words to strike from your HR vocabulary

11/09/2011
At-will employment is the rule in most states, meaning you can terminate employees at any time and for any reason (except an unlawful one), as long as you don’t promise them a job for a specific length of time. Don’t risk their at-will status by using the term “permanent” or “probationary period.”

The FMLA Calendar: 4 Methods to Counting an ‘FMLA Year’

11/08/2011
The FMLA was created to allow employees time off to deal with their own serious health conditions or those of family members who need medical care. But the law carefully balances the rights of employees to keep their jobs while facing temporary hardships with the rights of employers to run their businesses. That’s one reason […]

How do we prevent ‘stacking’ of FMLA, sick leave?

11/08/2011
Q. We have an employee who wants to take a chunk of paid time off. She is eligible for FMLA leave. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid FMLA leave later after her paid leave bank is exhausted. Can we just do this?

Worried about ADA: Can we discipline for misbehavior caused by medical condition?

11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?

Sudden discipline after exemplary record? Don’t rule out supervisor prejudice

11/07/2011

Employees with excellent performance records often head straight to HR the first time they face disciplinary action. And you’re right to worry enough to take a careful look at whether the proposed discipline is warranted. It’s possible that a boss’s prejudice may have motivated the discipline.