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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.

Fired for doing no work? No unemployment, either

05/16/2018
Employees who are fired for refusing to work can’t collect unemployment benefits. Failing to work is considered willful misconduct.

Employee can’t physically assault alleged harasser unless she is in danger

05/16/2018
When a customer harasses an employee, the employer may be held liable for allowing a hostile work environment if it knew about the potential problem. However, the employee has a responsibility to report the incident.

Public policy interest may prevent reinstatement of rogue police officers

05/16/2018
When Minnesota public employees are reinstated following arbitration of a disciplinary case, the employer may still move to prevent reinstatement under the concept of public policy interest. That’s especially true for law enforcement employees accused of using excessive force.

Beware even appearance of pregnancy bias

05/16/2018
Be careful how you react when an employee announces she is expecting. In the end, the employer won this pregnancy discrimination lawsuit, but defending against it cost huge legal fees and took up hundreds of hours.

Never base hiring decisions on stereotypes

05/16/2018
Here’s an important warning for managers with the power to influence hiring decisions: Repeating stereotypes about applicants invites discrimination lawsuits, as a recent case shows.

Alleged anti-gay bias at University of Minnesota – Duluth attracts more litigation

05/16/2018
Last month we reported that former University of Minnesota – Duluth women’s hockey coach Shannon Miller had finally prevailed in a years-long sex discrimination lawsuit. Now two more former employees are alleging the university discriminated against them on the basis of their sexual orientation.

Target pays $3.9 mil to settle background check lawsuit

05/15/2018
Retail giant Target has agreed to pay $3.9 million to settle a long-running discrimination suit alleging its policy of not hiring people with criminal convictions disproportionately affects black and Hispanic applicants.

Bookkeeper accused of embezzling to place online bets

04/25/2018
The bookkeeper for Farm Mercantile in Fairfax, Minn., faces five charges of filing false tax returns because she failed to report $266,333 in embezzled income. In all, she allegedly pocketed $535,000 from the hardware and farm supply store from 1998 to 2016.

Don’t let employee’s whistleblower status dissuade you from legitimate discipline

04/25/2018
To win a retaliation case, the worker would have to prove that the discipline was motivated by a desire to punish him or her for making the report. That’s unlikely to succeed if 1) the discipline began before the safety problem was reported or 2) it is clear that any other worker would have been disciplined for the same rule violation.

Emerging issues affect how to handle trade secrets

04/16/2018
The U.S. Department of Justice has announced plans to file criminal charges against employers that collude to fix wages or not hire one another’s workers under “nonpoaching agreements.” As a result, employers are more likely than ever to either have their trade secrets compromised or face liability for knowingly or unknowingly possessing a competitor’s confidential information.