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Minnesota

Library cuts lead to bias suits, a new union and spiraling costs

10/15/2010
Faced with falling revenue, the counties that fund the Great River Regional Library System last year implemented what they hoped would be cost-saving measures. The unwanted results: Two age-discrimination lawsuits, the unionization of library managers, higher unemployment comp costs and spiraling legal fees.

No automatic FMLA leave for employer-caused condition

10/15/2010
A federal court has refused to expand the FMLA, rejecting an employee’s attempt to force automatic FMLA leave for a serious health condition allegedly caused by her employer.

Know when to settle! Even small jury awards can lead to huge attorneys’ fees

10/15/2010
Need a way to sell a possible lawsuit settlement to managers? Try explaining that even a small jury award can mean having to pay huge attorneys’ fees on the employee’s side, in addition to the company’s own legal costs.

Layoffs looming? OK to consider training participation when deciding who goes

10/15/2010

Like other employers, your organization probably is trying to use employees as efficiently as possible. That may include eliminating some jobs and training employees to pick up additional tasks. You may want to consider creating a cross-training program before deciding which employees to terminate. Those who show a willingness to learn new skills and the ability to perform them well are probably the “keepers” on your staff. Just make sure you offer everyone the same opportunity to learn.

Collect ample evidence of wrongdoing before firing military vet covered by USERRA

10/15/2010

USERRA provides returning soldiers, sailors and other service personnel with additional employment rights that other employees don’t always enjoy. One of those is the right to remain employed unless fired for just cause. In effect, USERRA temporarily turns what were once at-will employees into employees with job protection.

Don’t count on EEOC reimbursement if you win

10/15/2010

If an employer loses a discrimination case, it typically has to pay the employee’s legal fees and associated costs (plus any damages due). But what if the case is championed by the EEOC and the agency loses? Surely it has the money to reimburse the employer it dragged into court. Fat chance you’ll recoup those costs, if this recent Minnesota case is any indication.

Make sure you retain all applicant information

10/15/2010

You may never see it coming: A disappointed applicant sues you after you give the job to someone else. However, you can be prepared—if you have held onto all documents and materials related to the hiring process. If you wind up in court and need to show why you didn’t select an applicant, those records may provide the rationale.

When investigating bias, there’s fast … and too fast

09/27/2010
You no doubt know you should act fast to investigate when employees complain about discrimination. But that doesn’t mean you need to rush to complete your inquiry in just one day.

Electrolux, EEOC team up to help Muslim workers

09/08/2010

Employers rarely go out of their way to interact with the EEOC, but appliance manufacturer Electrolux is earning kudos for doing just that this summer. Electrolux actively sought the EEOC’s input when dealing with a religious accommodation issue facing Muslim employees at its St. Cloud plant.

How should we handle a deceased worker’s e-mail?

09/08/2010
Q. A deceased employee’s spouse has asked us for copies of personal e-mails that were on the employee’s work computer. Can we provide her copies?