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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.

OK to add more reasons for termination, as long as they’re consistent with first rationale

02/14/2018

Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge. Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired.

MHRA doesn’t require interactive process

02/14/2018

Disability protections under the Minnesota Human Rights Act differ from those set by the ADA. Employers covered only by the MHRA and not the ADA are free to reject a reasonable accommodation request without consulting with the employee.

Work romance ends? Separate the former lovers

02/14/2018

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

Woebegone, Keillor says he was fired without investigation

01/18/2018

Former “Prairie Home Companion” host Garrison Keillor alleges his firing from Minnesota Public Radio was completed without a proper investigation of sexual harassment allegations made against him.

Court offers extra help when workers represent themselves

01/18/2018

The 8th Circuit Court of Appeals has signaled it will continue to give lots of leeway to employees who act as their own attorneys. 

Completing EEOC intake form starts right-to-sue clock

01/18/2018

Employees or applicants who want to sue an employer for discrimination generally have to file a complaint with the EEOC or the equivalent state administrative agency within 300 days of the alleged discrimination. Otherwise, they lose the right to do so.

Prepare to contest restoring unemployment when employees quit soon after starting

01/18/2018

When a worker receiving unemployment benefits accepts a job she isn’t required to accept because it is “unsuitable” for her training, education or ability, she can quit within 30 days and regain unemployment benefits. But simply quitting because she thinks she is going to be discharged doesn’t count.

When offering part-time job, clearly explain: Hours may vary from time to time

01/18/2018

When you are offering an applicant a part-time position with variable hours, be sure you make the terms clear. If you create an expectation and then reduce her hours, she may be able to quit and file a claim for unemployment compensation benefits.

Court: Reasonable fear of economic harm is enough to support constructive discharge claim

01/18/2018

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

No time records? Court will use workers’ tally

01/18/2018
It’s common for employers not to track the hours of independent contractors or exempt employees. That could end up being a serious mistake should one or more of those workers sue, arguing they were misclassified under the Fair Labor Standards Act.