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Employment Law

Consider trespass suit if union steps over line

01/13/2010

Sometimes unions engage in “ambulatory picketing” and other practices aimed at publicly exposing allegedly bad employers. This can include following your company vehicles to work sites and picketing outside your business locations. The NLRA permits all these practices. However, union reps can’t trespass on your property.

Franken kills arbitration for defense contractor employees

01/13/2010

Freshman Sen. Al Franken has scored his first legislative victory. Joining forces with Louisiana Democrat Mary Landrieu, Franken proposed an amendment to the recently enacted Defense Appropriations bill that bars defense contractors from requiring employees to use arbitration to resolve workplace discrimination complaints of sexual assault, harassment or other Title VII violations.

How to guarantee a lawsuit: Terminate only older workers during reduction in force

01/13/2010

Are you planning a reduction in force due to the poor economy? If so, double-check who is going to lose their jobs, paying particular attention to whether the burden falls predominantly on workers over age 40. If that is the case, make absolutely certain you have legitimate business reasons to back up your decision to fire them.

Offer reasonable religious accommodations—and then insist that workers follow them

01/13/2010

Employees whose sincerely held religious beliefs conflict with their employer’s workplace beliefs may be eligible for unemployment compensation benefits. But they can’t collect benefits if their beliefs aren’t sincere—or if their employer offered reasonable accommodations and they didn’t take advantage of those offers.

Employers can’t get restraining orders on clients’ behalf

01/13/2010

When employees quit, they often want to remain friends with their former colleagues and clients. Usually that’s fine, but sometimes it’s not in co-workers’ or clients’ best interests. That doesn’t mean, however, that the former employer can get a restraining order against the employee who quit.

Worker blows filing deadlines? Seek quick dismissal

01/13/2010

Minnesota employees who believe an employer has discriminated against them based on age or another protected classification can file complaints with both the federal EEOC and the Minnesota Department of Human Rights. Employees have 90 days to file a lawsuit after the EEOC dismisses their case, but just 45 days to do so after the MDHR does.

Settlement brings soft landing for Mesaba religious bias case

01/13/2010

Mesaba Airlines, which operates short-haul flights for Delta and Northwest Airlines, has reached an agreement with the EEOC on religious discrimination claims filed by several employees. The suit began when Mesaba fired customer service agent Linda Vellejos after she refused to work on the Jewish Sabbath.

Hennepin County driver files religious accommodation suit

01/13/2010

The tension between an employee’s right to religious accommodation and an employer’s need to get work done is at the heart of a case being heard in Hennepin County. A Seventh-day Adventist was fired after refusing to work between sundown on Friday and sundown on Saturday, the Adventists’ Sabbath.

Does the FMLA apply after a loved one has died?

01/13/2010

Q. I have an employee who has been taking FMLA leave to care for her ill mother. The employee’s mother recently died, and the employee has requested an additional few weeks to attend to some issues with her mother’s estate. Can I continue to treat this time as FMLA leave?

Could we have refused to hire waitress who now refuses to sing ‘Happy Birthday’?

01/13/2010

Q. One of the waitresses working in our restaurant claims her religion forbids her from singing “Happy Birthday” to customers. If, during her interview, we had identified this requirement as an essential job function, and if she said she couldn’t sing the song for religious reasons, would we have been within our rights to refuse to hire her?