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Minnesota

Failure to follow reporting procedures can justify firing—even if boss should have acted

06/26/2018
If an employer has a process in place for reporting wrongdoing that includes bypassing one’s supervisor when necessary, employees who don’t take that step can’t aviod punishment by blaming the supervisor. That’s not a justified excuse.

Avoid discrimination lawsuits! Beware hiring below minimum job requirements

06/26/2018
If you rejected an applicant early in the hiring process because he or she didn’t meet your stated minimum requirements, but then hired someone else who also didn’t meet them, then the rejected applicant may have a potential discrimination lawsuit.

Noncompete violation means no unemployment

06/26/2018
When an employee is fired for violating the terms of a noncompete, he won’t receive unemployment compensation because he committed willful act of wrongdoing, which bars benefits. It doesn’t matter if the employee’s supervisor was involved in the breach.

Unofficial off-the-clock rule spells class-action trouble

06/21/2018
What happens if there is an unwritten rule among supervisors that workers must come in early to set up and prepare for work before they’re allowed to log into the time-keeping system? That’s a recipe for a class-action FLSA lawsuit.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

Minneapolis gears up to enforce Safe and Sick Time Ordinance

05/16/2018
Since Minneapolis’s Safe and Sick Time Ordinance took effect last July, the city has been working with employers to help them comply with the law. For almost a year, the city has levied no fines. That will all end on July 1.

Court knocks down multi-state wage-and-hour class action

05/16/2018
A federal court has refused to certify a wage-and-hour class-action lawsuit. The crux of the case: Minnesota’s unique rules requiring employees to be paid for breaks of less than 20 minutes.

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.