• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Minnesota

Saving grace: Hostile environment in one area can’t prove discrimination companywide

10/12/2011
Here’s a small measure of comfort if your company is caught in a hostile environment scandal involving a single division or facility: Employees who sue for discrimination in other departments, divisions or locations can’t use those cases against you in court unless they were directly affected by that particular hostile environment.

Act fast on firing for misconduct, or risk being liable for unemployment compensation

10/12/2011
If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.

Outback’s tip policy: No rules, just wrong

10/12/2011
Outback Steakhouse has agreed to pay $1.25 million to Minnesota em­­ployees to remedy what servers at the restaurant chain said was an illegal tip-pooling procedure under state law.

Be patient and scrupulously fair when dealing with litigious employee who has complained

10/12/2011

Employers will win in the long run if they exercise restraint and use patience when dealing with an employee who clearly is looking for a lawsuit. It will take work.

Loose lips, poor timing may spell FMLA trouble

10/12/2011

When it comes to reductions in force, employees on FMLA leave don’t have greater rights than those who haven’t taken FMLA leave. That means if an employer can show it would have chosen the FMLA leave-taker for termination even if she had been at work, there’s no FMLA violation. But employers that are sloppy about the RIF process may end up in court.

Document efforts to ease return from FMLA

10/12/2011
When employers get sloppy and don’t document their decision-making proc­­esses, things can get dicey. Consider what happens when an employee experiences work stress and starts taking FMLA and other leave. In one recent case, the employer was smart enough to carefully track its efforts to both accommodate an employee and get her back to work.

Former state revenue employee sentenced for tax fraud

09/23/2011
It’s always good to have someone on the inside. At least that’s how Nancy and Laurie Sondrall must have felt. Nancy’s sister and Laurie’s aunt, Pamela Marie Dellis, was providing them with ill-gotten booty from the Minnesota Department of Revenue.

How can we recoup stolen money?

09/16/2011
Q. We just fired an employee after discovering that he stole $5,000 from the company. Do we have to pay the employee his final paycheck or can we apply that paycheck toward the $5,000 he owes us?

When executive wants to ease into retirement, can we insist on a ‘retirement contract’?

09/16/2011
Q. An executive wants to retire in one year and gradually reduce her schedule until then. Our business needs don’t allow us to have this executive role be part-time on a long-term basis. Can we approve this request on the condition that the executive sign an agreement binding her to retire within one year?

7 steps to help prevent and address workplace bullying

09/16/2011
We all knew schoolyard bullies, and, if we were lucky, they left us alone. Sadly, research indicates many workers are targets of “workyard” bullies. And workplace bullying comes with significant costs.