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Minnesota

Employment Lawyer Network:
Minnesota

Carl Crosby Lehmann (Editor)

Minnesota Employment Law

Carl.Lehmann@GPMLaw.com
(612) 632-3234

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Carl Crosby Lehmann, Esq., of Gray, Plant Mooty in Minneapolis, has significant experience in advising employers on personnel matters, drafting employment policies and agreements, and litigating employers' interests in both administrative and judicial proceedings. Carl's practice includes advising employers in personnel-related matters, including terminations, discrimination and sexual harassment issues, defamation claims, employment and independent contractor agreements, noncompete and confidentiality agreements, wage-hour concerns, voluntary and mandatory affirmative action policies, and insurance issues.

Beware bad-mouthing effective employees after they request accommodations

01/22/2024
Always keep an eye on the optics of the employment-related actions your organization’s managers take and the decisions they make. Suddenly criticizing an employee who recently sought a disability accommodation, for example, is not just a bad look; it could also trigger a costly lawsuit.

Transfer after harassment complaint is OK if the new position is comparable

05/30/2023
Employers can’t punish workers for filing a discrimination or harassment complaint. That would be illegal retaliation. But what’s less clear is what exactly constitutes punishment? Under the law, it isn’t punishment unless the employer’s action amounts to an adverse employment action.

Be prepared to explain pay disparities

02/27/2023
It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

How to avoid being set up for an FMLA lawsuit

01/18/2023
It’s fairly common for workers facing discipline to request FMLA leave, believing that means their employer can’t fire them. It’s a way of setting up a potential FMLA retaliation lawsuit. A recent case shows exactly how employers can avoid being set up.

Beware ad hoc accommodation approvals

12/13/2022
Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Conduct a self-audit before finalizing terminations

11/17/2022
There’s a compelling reason to conduct a routine HR office review of all employment decisions before they’re finalized. That way, your HR professionals can do their jobs and confirm that the decision is based on objective information and business necessity.

Don’t fly solo on settlements! Call your lawyer

07/28/2022
It may be tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. But beware: If the release isn’t properly executed, the employee might be able to sue anyway.

Intermittent leave abuse? Demand new cert

01/13/2022
Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

100%-healed policy may be automatic ADA violation

11/18/2021
When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

ADA-like process helps accommodate religion

07/01/2021
Do you know how to handle a worker’s request for a religious accommodation? If not, a recently filed case offers a lesson on how to proceed. So does the process you usually follow to accommodate ADA disabilities.