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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.

There’s just no guessing about cross-dressing: Focus hiring on qualifications, not appearance

10/12/2012
While a man who wears dresses and makeup might make his orientation or self-image perception clear, that’s not true of a woman who dresses like a man, at least not according to a recent 8th Circuit Court of Appeals decision.

No ’50 state club’ for us! Barkeeps cry harassment

10/12/2012
Two former Hilton Minneapolis bartenders are suing the downtown hotel, claiming they were punished for spurning a female manager’s sexual overtures and then complaining about sexual harassment.

8th Circuit relaxes meal break pay requirements

10/12/2012

The DOL says meal times are paid time unless employees are completely relieved of their duties during breaks. The 8th Circuit says the correct rule is that employers can require employees to be ready to work during meal times without affecting its unpaid status. This is known as the “predomi­nantly for the benefit of the employer” standard.

ADA: Stand by truly essential job functions

10/12/2012
Courts usually defer to an em­­ployer’s designations of essential job functions as long as there’s a clear, reasonable explanation of why they are essential. That’s true even in compelling ADA cases where it’s clear a disabled employee is capable and could do the job if only she didn’t have to perform just one of those functions.

Checks fly, banker goes to jail … and the bank fails

09/18/2012
The former president of Pinehurst Bank in St. Paul will serve 42 months in federal prison following convictions on five counts of misapplying bank funds in a 2010 check-kiting scheme. The resulting losses forced the bank to close in May 2010.

Can severance deal address unemployment?

09/17/2012
Q. We want to terminate an underperforming employee and are considering offering a severance agreement in which we agree not to contest unemployment benefits and he agrees to resign and release the company from any claims. Is that OK?

What should we do about consensual relationship between manager and subordinate?

09/17/2012
Q. We just found out that one of our managers is having a consensual sexual relationship with someone who reports directly to him. If we confirm with the subordinate that she believes the relationship is consensual, do we need to do anything else?

Facebook could prove our employee lied! How far can we go to gain access?

09/17/2012

Q. One our employees called in sick for a shift during a recent holiday weekend. He told several co-workers that he didn’t come to work because he was having so much fun at his cabin. According to a few co-workers, he made several Facebook posts about his various recreational activities on the day that he was allegedly too sick to work … Can I ask one of the co-workers to show me the Facebook posts?

Can you fire an employee for smelling like tobacco smoke?

09/17/2012
Since 2007, when Minnesota’s Freedom to Breathe Act took effect, smoking has been banned in Minnesota workplaces. Now, new studies about the harmful effects of “third-hand smoke” have caused some employers to take their no-smoking policies to new heights.

Graphic designer alleges sexual orientation bias

09/17/2012
A former graphic designer for Corporate Graphics Commercial is suing the Mankato company, claiming he was fired for reporting anti-gay harassment by co-workers.