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North Dakota

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.

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.

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.

Make sure employees follow all the rules when requesting FMLA leave

04/16/2018

The first in-person treatment with a health care professional must take place within seven days of the initial illness or injury that rendered the worker incapable of performing his job. Otherwise, the regulations assume the condition isn’t a serious health condition. Thus, the worker would not be entitled to FMLA leave.

Keep complete records of complaints to counter last-minute legal claims

03/20/2018

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

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.

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.

Delete identifiable details from résumés, applications

12/18/2017

Scrub applications and résumés of information that may reveal identifying personal characteristics. That way, hiring managers or screening committees won’t initially know details that might lead to claims of discrimination.