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Minnesota

Former employee sues Mayo Clinic

01/14/2011
A former Mayo Clinic employee has sued the famed Rochester medical center for discrimination under the ADA and the Minnesota Human Rights Act.

As Target goes urban, it expands employee assistance

01/14/2011
Minneapolis-based Target has contracted with a Chicago firm, ComPsych, to provide counseling to workers in several of the chain’s urban stores. The move is designed to help reduce turnover by teaching workers coping skills to deal with family and financial problems that may affect their work performance.

Gophers’ would-be women’s golf coach alleges bias

01/14/2011
When Katie Brenny, a Little Falls native and former state high school golf champion, took a job at the University of Minnesota, she thought she was going to coach the women’s golf team. When that didn’t happen, she called a lawyer who is now threatening a lawsuit.

Make sure documentation backs up reason for firing

01/14/2011

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.

There are complaints, then there are complaints: General gripes about unfairness aren’t protected

01/14/2011

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.

Employee out on FMLA leave? You can still insist on following call-in policy

01/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Are we legally required to offer performance improvement plans and last-chance warnings?

01/03/2011
Q. I attended a seminar for HR professionals last month where the instructor discussed the value of offering performance improvement plans and last-chance warnings to employees before they are terminated. Is my company obligated to offer these plans or warnings?

It’s safe to tell the truth about former employees

01/03/2011
Let’s say you have fired someone for breaking company rules, conduct so severe that the police get involved. What should you tell people who call later, looking for references on the former employee? The truth!

Understanding Minnesota’s personnel record requirements gives you a leg up during litigation

01/03/2011
Minnesota’s personnel record rules can cause problems for employers that don’t operate primarily in the state. For example, employers that aren’t used to the rules may not realize that employees can challenge the truthfulness of information in personnel records and then sue for defamation.

Document all discipline, every complaint

01/03/2011

Some employees may manufacture complaints when they think they’re in trouble at work. That’s why it’s so important to maintain good records of all work problems, discipline and complaints. Employers that can prove they were raising concerns about performance before the employee complained about discrimination or harassment effectively cut the causal link between the complaint and the alleged retaliation.