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Minnesota

Misinformation may result in back benefits

02/04/2019
When employees get erroneous information about unemployment compensation eligibility and don’t file as a result, they may be eligible for back payments when they do file.

Sometimes, it’s impossible to accommodate disability

02/04/2019
There are limits to what’s considered a reasonable ADA accommodation.

Ensure workers’ compensation appeal is received—not sent—within 30 days

02/04/2019
According to a recent Minnesota Supreme Court decision, the appeal must have actually been received by the chief administrative law judge and the Commissioner of Labor and Industry by 4:30 p.m. on a state business day within 30 days after the party was served with the compensation judge’s decision.

Appeals court rules against health-care employee who refused vaccine

02/04/2019
The ADA prohibits employers from forcing employees to undergo medical testing before being offered a job. Employers should always be prepared to justify testing before requiring employees to participate.

Insist on working within medical restrictions

02/04/2019
The ADA doesn’t require employers to let disabled employers test the limits of their abilities in ways that may lead to injury.

Twin Cities building boom runs into labor shortage

02/04/2019
Since the state’s unemployment rate hit 2.8% in November 2018, virtually every skilled Minnesotan who wants work has it. The resulting labor shortage has hit Twin Cities residential construction particularly hard.

Subway employee invents black assailant to cover theft

02/01/2019
A white resident of Rice, near St. Cloud, Minn., has admitted to police that she lied about being assaulted and robbed by a black man as she carried the day’s receipts from the Subway store where she worked.

Justify why you decided not to follow the ‘same rule violation, same punishment’ rule

02/01/2019
Generally, if two employees break the same workplace rule and don’t have any prior violations, you should punish them the same way. But that doesn’t mean you can’t make judgment calls on which one may deserve more severe punishment, including discharge.

Go to jail, get fired, collect unemployment anyway

01/31/2019
Employees who engage in misconduct generally aren’t eligible for unemployment benefits. But that doesn’t mean a blanket rule that calls for firing anyone who is incarcerated will automatically rule out unemployment compensation.

RICO doesn’t cover employment law violations

01/31/2019
An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.