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Employment Law

Portsmouth couple sentenced for embezzling union funds

09/17/2012
A union official will have 366 days to contemplate her actions after being convicted of embezzling from Portsmouth’s Carpenters Union Local 437.

Thorough investigation makes discipline stick

09/17/2012

If you really agonize over termination decisions, here’s a reason to relax a little. Firing someone for wrong-doing doesn’t require you to be absolutely right about what happened. As long as you conduct a reasonable investigation and make the decision based on the facts as you understand them, a court won’t second-guess you.

Facebook could prove our employee lied! How far can we go to gain access?

09/17/2012

Q. One our employees called in sick for a shift during a recent holiday weekend. He told several co-workers that he didn’t come to work because he was having so much fun at his cabin. According to a few co-workers, he made several Facebook posts about his various recreational activities on the day that he was allegedly too sick to work … Can I ask one of the co-workers to show me the Facebook posts?

Graphic designer alleges sexual orientation bias

09/17/2012
A former graphic designer for Corporate Graphics Commercial is suing the Mankato company, claiming he was fired for reporting anti-gay harassment by co-workers.

Shooting range fined for child labor violations

09/17/2012
The Alexandria Shooting Park in Alexandria recently found out that having a parent’s permission isn’t enough to make it legal to hire an underage worker—or to shield an em­­ployer from child labor law violations.

Disabled vet sues Rochester for cops’ refusal to rehire him

09/17/2012
A former Rochester Police Depart­­ment officer and Army veteran is suing the city, alleging it broke the law when it refused to rehire him after he finished two tours of combat duty in Iraq.

Always check supervisor’s firing recommendation

09/17/2012
The FMLA allows double damages for willful violations. Recently, the 8th Circuit Court of Appeals ruled that the extra damages can be levied against an employer that essentially rubber-stamps a supervisor’s wrongful termination decision.

Bosses may be personally liable for harassment

09/17/2012
If you are a public employer committed to discouraging sexual har­­assment, make sure your supervisory training covers the topic. In particular, ensure that supervisors know they aren’t immune from liability if they harass a subordinate.

Client gaffe doesn’t create employer liability

09/17/2012

Sometimes, customers or clients make inappropriate remarks. How managers respond to those comments is important. Put on the spot, they may be at a loss for words. That may not be ideal, but it isn’t enough to create liability for the employer.

Even if you’re wrong, you can fire employee who’s on FMLA

09/17/2012
Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.