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Employment Law

What are the risks of firing a problem employee?

11/20/2008
Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?

The 7 most important steps for minimizing layoff risks

11/18/2008

Many employers looking for ways to deal with the financial hardships of today’s tough economy are considering reductions in force (RIFs), layoffs and other forms of organizational restructuring. But how you conduct a RIF may spell the difference between a fresh start for the company and a nightmare of litigation …

The new FMLA: Top 10 changes you must comply with

11/18/2008

On Nov. 17, the U.S. Department of Labor finalized the first major overhaul of the FMLA regulations in 15 years. Some changes favor employers, but others will make FMLA compliance trickier than ever. Here’s what’s in store. BONUS! HR Specialist will hold an audio conference briefing to help you comply with the new regs.

Expect suit to follow last-minute MDHR filing

11/12/2008

Employees who file a discrimination claim with the Minnesota Department of Human Rights within the one-year deadline set by the Minnesota Human Rights Act get an extension of time to file a lawsuit directly in court. That’s the conclusion recently reached by the Court of Appeals of Minnesota.

Get legal advice before settling with employee

11/12/2008

Sometimes, it’s tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. If a few thousand dollars will avoid an expensive lawsuit, it’s worth it, right? Maybe, maybe not …

Deadline! Contractors must be certified—or you could pay!

11/12/2008

If you hire individual construction contractors to work for you, you have only a few weeks to make sure they are in compliance with a new state law. Beginning on Jan. 1, individual independent contractors working in the construction industry must obtain an Independent Contractor Exemption Certificate.

Don’t deduct FMLA leave from hours worked when calculating absenteeism ratio

11/12/2008

Just when you thought you had mastered the intricacies of the FMLA, employees and their lawyers have come up with a new trick that could trip you. This one involves how employers calculate attendance under no-fault absenteeism programs.

Do you have specific rules for calling in sick? They may be contractual

11/12/2008

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts …

Concerns about immigration status don’t equal national-origin discrimination

11/12/2008

Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.

Objectivity is what counts in constructive discharge cases

11/12/2008

Sometimes, employees who think they are about to be fired for poor performance will try to take pre-emptive action by quitting and then suing. Courts are pretty strict when it comes to “constructive discharge” …