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Employment Law

UnitedHealth settles stock scheme lawsuit for $895 million

01/13/2009

Minnetonka-based UnitedHealth Group has agreed to pay $895 million to settle a lawsuit alleging the health insurance company gave executives backdated stocks, a compensation scheme that lined the execs’ pockets but caused losses for investors.

Require those on FMLA leave to call in sick, just like any other employee

01/13/2009

Good news from the 8th Circuit Court of Appeals: If you have a system for employees to call in sick, you can require everyone to use it—even employees on approved intermittent FMLA leave. The trick is to make sure that the employee taking FMLA leave understands she still must call in.

Warn managers: Even years later, acting against whistle-blower can be retaliation

01/13/2009

Genuine whistle-blowers are protected against retaliation under the Minnesota Whistleblower Act even if the retaliation occurs years later. Caution management to avoid any action that smacks of punishing an employee for instigating or cooperating with a criminal investigation of alleged company wrongdoing.

You may have to agree to part-time schedule after employee returns from FMLA leave

01/13/2009

Employers may be in for a nasty shock if they assume that an employee who can’t return to work full time after taking FMLA leave doesn’t have the right to reinstatement. If they can perform the essential functions of their jobs on a part-time basis, then employers may have to agree to a reduced schedule.

Whistle-blower needs more than hunch employer broke law

01/13/2009

Good news: Employees who claim to be whistle-blowers protected from discharge for complaining about alleged workplace problems under the Minnesota Whistleblower Act have to do more than make general allegations. A true whistle-blower has to show that his claim, if proven, would amount to a violation of a Minnesota law.

Native American status may mean extra bias claim

01/13/2009

People who identify themselves as Native Americans and believe they have been discriminated against may be able to sue based on two distinct claims for the same characteristic. Such individuals can claim discrimination based on national origin or race.

Stuffed monkey on noose rankles firefighters

01/13/2009

St. Paul Fire Chief Tim Butler said he will discipline two employees responsible for hanging a stuffed monkey by a noose in a fire station service garage in August. Butler said he learned about the monkey in September, when he ordered an investigation and had the items taken down.

Wal-Mart settles Minnesota W&H lawsuit for $54 million

01/13/2009

Wal-Mart agreed Dec. 9 to pay $54.25 million to settle a seven-year class-action lawsuit with roughly 100,000 current and former hourly employees in Minnesota. All things considered, that was a bargain.

Hilton women sue over orgy

01/13/2009

Deborah Smith, a former night manager of the SkyWater Restaurant at the Hilton Minneapolis, has filed a lawsuit alleging she was fired for walking in on an orgy involving upper managers in December 2007.

Former Minnesota U.S. Attorney retaliated against whistle-blower

01/13/2009

Former U.S. Attorney Rachel Paulose retaliated against John Marti, a former first assistant U.S. attorney for the district of Minnesota, according to an investigation by the U.S. Office of Special Counsel.