• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Does Minnesota law let workers take time off for their children’s school activities?

07/08/2009

Q. Last year an employee explained an absence by referring to his rights under Minnesota law to attend school activities. What exactly do Minnesota laws say about a parent’s right to be away from work because of school activities or to take care of children?

Warn managers: Don’t fall into retaliation trap

07/06/2009

Courts take retaliation seriously. In fact, they may hesitate to say an employer discriminated against an employee based on race, sex, age, disability or some other protected characteristic, but they’ll clamp down hard if they have the slightest suspicion that the employer punished the employee for merely alleging discrimination.

Patience, good records key when employee sues

07/06/2009

When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.

Public employee sounds off, court weighs in: Letter to editor may not be protected speech

07/06/2009

Government employees are protected from retaliation for speaking out on matters of public importance. That doesn’t mean, however, that every letter to the editor is an exercise in freedom of speech. Indeed, if the letter is about a specific workplace problem between the employee and a supervisor, chances are a court won’t find that to be a First Amendment issue.

Be ready to intervene if supervisor who shows bias needs an attitude adjustment

07/06/2009

In a perfect world, no one would ever utter a slur or make a derogatory comment. But this isn’t a perfect world, and employees come to work with emotional and cultural baggage. It’s up HR to make sure that baggage doesn’t turn into a discrimination lawsuit. 

An easy way to head off retaliation claims: Keep past performance reviews

07/06/2009

Before you decide to throw out old evaluations and files, consider this: An employee may sue and refer back to those evaluations from memory. If she remembers nothing but positive performance reviews until a recent poor appraisal (engineered, she believes, to get her fired), you’ll need to be able to show her employment history wasn’t as rosy as she remembers.

Beware issuing completely negative performance reviews

07/06/2009

Supervisors often come down hard on underperforming employees during regular performance reviews. But sometimes, completely negative appraisals can come back to haunt you if the employee later sues. Juries are more likely to believe that you terminated the employee fairly if you include some positive feedback.

Courts increasingly tough on frivolous litigation

07/06/2009

Recently, courts have begun to fine pro se litigants who file lawsuits that have no chance of success. That should discourage some former employees from suing without the help of an attorney.

Choosing employees for promotion: A 6-step legal process

07/06/2009
HR people and managers are aware of the legal dangers in hiring outside applicants. But many forget that internal promotions also carry risks.

OSHA cites Wal-Mart for Black Friday death

07/06/2009

Black Friday had a double meaning at Wal-Mart’s Valley Stream, N.Y., store last year when temporary employee Jdimytai Damour, 34, was trampled to death by stampeding shoppers. OSHA investigated and levied the maximum permissible fine against the store, $7,000.