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Minnesota

It’s good faith that matters: Minnesota whistle-blowers don’t have to be right

01/12/2012

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

Employers don’t have to be right–just honest

01/12/2012
Here’s something to remember the next time you agonize over discharging an employee for breaking a rule: While you should treat all employees honestly, you don’t have to conduct a mini trial to determine “guilt.” It’s enough to believe you had a legitimate reason to fire the employee—even if it later turns out you were wrong.

Different pay for men and women? Prepare to explain ‘other than sex’ factors

01/02/2012
The federal Equal Pay Act (EPA) is supposed to ensure that men and women doing the same job aren’t paid differently based on their sex. But employees can’t win EPA lawsuits simply by comparing their rates of pay and job titles. Lots of factors unrelated to gender may in­­fluence pay.

How should we handle difficult firing meeting?

12/14/2011
Q. We recently decided to terminate an employee based on performance concerns. The employee is in sales and is required to cold call a certain number of individuals each day. In reviewing the daily call logs, the employee’s manager discovered that she has been calling the same disconnected number over and over again … To top it off, she sent an email telling other employees they could do the same. In preparing for the termination meeting, I’m wondering what we should say?

Are reference checks a waste of time?

12/14/2011
Q. We are re-examining our applicant screening process. One idea we’re considering is eliminating calling previous employers for reference checks. We haven’t found those calls to be very helpful, because most former employers will only confirm dates of employment and job title. Is this a good idea?

Get ready for a new federally protected class: the unemployed

12/14/2011
Employers may be surprised to learn there is a growing movement to add the unemployed to the list of people who belong to a protected class. If leaders in the U.S. Senate and the EEOC have their way, it may no longer be legal for em­­ployers to show a preference to hire only those who are currently employed.

SPFD, firefighter finally see eye-to-eye on settlement

12/14/2011

A long-running disability discrimination dispute between St. Paul firefighter William Eldridge and the city has finally been settled. Twice in the past seven years, the St. Paul Fire Department told Eldridge he would be terminated because his bad eyesight prevents him from fighting fires ,,,

Freeborn County worker blames firing on retribution, bias

12/14/2011
Did frank feedback about a boss’s shortcomings lead to a government worker’s firing? That’s what Rose Olmsted claims in a lawsuit she filed against the Freeborn County Com­­missioners and the county’s director of human services.

No minimum wage for court-ordered sex-offender work

12/14/2011
A federal court has ruled that work done by civilly committed sex offenders as part of their treatment program is exempt from the minimum wage provisions of the Fair Labor Standards Act.