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Employment Law

Barista back as Starbucks settles NLRB complaint

11/12/2008

Erik Forman, a barista at a Minneapolis Starbucks who claimed he was fired in July for promoting a union drive, is pouring ventes again after the java giant settled a National Labor Relations Board complaint he filed.

U.S. Steel miner files suit; says time clock cheating workers

11/12/2008

John Zupancich, a miner who works in the Minntac Mine in Mountain Iron, has filed a lawsuit against U.S. Steel, claiming the company’s timecard practices rob workers of as much as two hours of pay each week.

EEOC sues Burnsville firm over discrimination at call center

11/12/2008

The EEOC has filed a lawsuit against Burnsville-based Data Listing Services (DLS), claiming the company harbored a hostile work environment in one of its call centers. The lawsuit alleges that a worker at The Connection, a DLS call center in Moriarty, N.M., sexually harassed female workers …

Can we fire someone who is costing us a fortune in workers’ comp claims?

11/12/2008

Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.

What are the rules regarding owner pay in a startup company?

11/12/2008

Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?

Is our new worker an employee or independent contractor?

11/12/2008

Q. I recently was talking with another manager at the company who told me that we had hired an independent contractor to work in our records room doing filing and data storage tasks. We also have employees performing that job. Could that cause any problems?

Give all employees a shot at advancement

11/12/2008

If some of your managers and supervisors steer career and business opportunities to favored subordinates and keep others from finding out about them, watch out. If those missed opportunities wind up depriving employees of potential financial rewards, that could lead to discrimination lawsuits.

Get attorney’s help when settling injury cases

11/12/2008

Sometimes, employees who are hurt while driving company cars have two separate claims against their employers: one for possible negligence involving the automobile, and another involving workers’ comp benefits for an on-the-job injury. If you decide to settle the negligence claim, have your attorneys review the settlement agreement.

Document rationale for rejecting every job applicant—and stick with it

11/12/2008

Before you reject a candidate who appears to meet the basic requirements for an open position, make sure you can explain your decision. Then document your rationale in case he or she later claims the real reason for the rejection was some form of discrimination.

OK to reject applicant who volunteers that disability can’t be accommodated

11/12/2008

If an applicant discloses a disability and says she can’t perform the job’s essential functions even with an accommodation, you can turn her down. You don’t have to second-guess her assessment and look for a reasonable accommodation.