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Minnesota

Leave disciplinary wiggle room in handbook

12/09/2010

Here’s a tip if you are revising your employee handbook: When it comes to discipline, make sure you give yourself some flexibility to deal with unusual circumstances. For example, if you want to use progressive discipline, be sure to account for the rare situations that may warrant immediate suspension or discharge.

Minneapolis lawyer faces prison time for fraud

11/26/2010
Michael Margulies, a former partner at the Minneapolis law firm Lindquist & Vennum has pleaded guilty to mail fraud, admitting in court that he had embezzled $2.5 million from the firm and its clients. He could face up to 20 years in prison.

School leader accused of creating hostile environment

11/26/2010

The Farmington School Board is investigating one of its own. The board recently voted to investigate member Tim Burke to see if he poses a potential liability. Several board members have accused Burke of treating administrators disrespectfully, burdening them with unnecessary data requests and making unfounded accusations against them.

Teacher took 5-year leave to go embezzling

11/26/2010
State law allows teachers with five years on the job and 10 years’ experience to take up to five years of unpaid leave if the school board approves it. For one former Minnesota teacher and athletic coach, that was a deal too good to pass up.

Investigation points back to employee who complained? It’s OK to punish her, too

11/26/2010

If an internal investigation reveals that the employee whose complaint launched the process was also engaged in improper behavior (or was, in fact, the person to blame for the situation), don’t hesitate to punish appropriately. As long as you act in good faith, a court is unlikely to conclude the punishment was retaliation for complaining in the first place.

2 Vikings know what their post-season won’t include

11/22/2010
Barring an unlikely change of fortune, the Minnesota Vikings aren’t going to Dallas for the Super Bowl this year. Two Vikings players—defensive linemen Kevin and Pat Williams—also know they’re not going to Washington after the regular season ends.

Can deciding not to discipline lead to court?

11/22/2010

It happens: A supervisor wants to discipline an employee, but HR or upper management nixes the idea because it knows something the boss doesn’t. Perhaps the employee had suffered discrimination in the past and was placed in a new position for a fresh start. Be prepared for legal fallout if you wind up disciplining the supervisor.

Conducting online background checks? Beware the pitfalls

11/16/2010
Online tools can be highly valuable in recruiting and selecting the best candidates and screening out bad hires. Despite the potential advantages, those activities come with potential employment law risks that are still evolving due to the relatively recent emergence and growth of social media. Some of the obvious and not-so-obvious legal risks:

NLRB: Hair salon must cut out anti-union activities

11/12/2010

The National Labor Relations Board has filed unfair labor practices charges against Edina-based Regis Corp., which operates hair salons nationwide under the Regis Salons, Cost Cutters, Supercuts, MasterCuts and other brands. The NLRB alleges that the company’s CEO intimidated employees into signing a pledge not to join a union.

Checking e-mail after hours: Should we pay?

11/11/2010
Q. Several nonexempt employees have smartphones. Do we have to pay them for the time they check work e-mail at home?