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Minnesota

If employee can’t return from FMLA leave, it’s not interference to terminate

07/13/2011

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Promote harmony, prevent hostile environment by adding civility policy to your handbook

07/13/2011
Few reasonable employees like working in an unpleasant environment where co-workers call each other names and generally treat each other with disrespect. They may, however, ignore such conduct to avoid rocking the boat. But supervisors who don’t put a stop to it risk a hostile environment lawsuit. That’s why you should consider adopting a civility policy that demands employees treat each other with respect and bans insults and other boorish behavior.

Mediation Board to review Delta union votes

07/13/2011

When nonunion Delta Airlines merged with unionized Northwest in 2010, it set the stage for unionization votes among all Delta workers. So far, the International Association of Machinists (IAM) is 0 for 3, having failed repeatedly to organize Delta baggage handlers, customer service representatives and stock clerks. The IAM appealed to the Na­tional Mediation Board, which has agreed to investigate the elections.

Honestly believe worker broke rule? Firing OK

07/13/2011
Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Bad attitude, rude behavior bars unemployment

07/13/2011
Employees who have been fired generally qualify for unemployment benefits unless they were terminated for misconduct. But “misconduct” is broadly defined. It can even include rude or snippy behavior that shows an employee doesn’t really care.

Good faith wins court cases! Don’t use investigation to trap employee

06/24/2011

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

Must we hold job for injured worker?

06/08/2011
Q. We have an employee who has been off work for more than 10 months because of a workers’ comp-covered injury. We have no idea when she may possibly be able to return to work. Are we absolutely required under the law to give this employee her job back whenever she believes she is ready to return to work, no matter how long she has been out?

What can we do to protect ourselves? A worker leveled threats after we fired him

06/08/2011
Q. We recently fired an employee because of insubordination and anger-management issues. The termination meeting, not surprisingly, didn’t go well and the employee became very agitated. He made some statements that could be interpreted as vague threats against his supervisor and our company. Is there anything we can or should do to protect ourselves from this former employee?

Without a noncompete agreement, can we stop a former employee from undercutting us?

06/08/2011
Q. We just had a successful salesperson quit his job and join one of our major competitors. We did not, unfortunately, have him sign either a noncompete agreement or a confidential information agreement. We are very concerned that he may have taken, and may be using, some of our company’s confidential business information, including detailed customer information. Is there anything we can do about this situation, given the absence of any written contract?

Check your leave policies! EEOC looks at return-to-work issues

06/08/2011
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.