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Minnesota

Spell out rules for returning from FMLA leave

05/18/2015
What do you expect an employee to do at the end of approved FMLA leave? Clarify that it’s the employee’s responsibility to notify the employer and check his schedule when he receives medical clearance. Then, if the employee ignores your instructions and doesn’t show up, it’s willful misconduct—making him ineligible for unemployment benefits.

Pay attention to details when disciplining

05/18/2015
The more general your discharge reasons, the easier it is for the former employee to argue that discrimination was in play. Conversely, specific discharge reasons make it much harder to argue discrimination because chances are the fired worker won’t find someone similarly situated (i.e., who broke exactly the same rule) for comparison. See how this played out in a recent case.

Is early termination OK when employee who is on FMLA submits her resignation?

04/13/2015
Q. An employee who is off on an approved FMLA leave just submitted her resignation, providing two weeks’ notice. Our employee handbook asks employees to provide a two-week notice when possible. May we terminate the employee’s employment immediately rather than wait two weeks?

Can we restrict service dogs at work?

04/13/2015
Q. An employee with epilepsy wants to bring a dog to work to assist her in the event of a seizure. Our business is not conducive to having animals at work. Must we permit her to bring her dog?

How should we provide required posters for employees who work from home?

04/13/2015
Q. We have a number of employees who work solely from home. For them, is electronic delivery or posting of the notice required by the new Women’s Economic Security Act sufficient? Do we need to have the employee acknowledge receipt?

The Minnesota Whistleblower Act: More time–and more protection–for whistle-blowers

04/13/2015
Recent changes to the Minnesota Whistleblower Act and the way in which Minnesota courts interpret it should put employers on watch. Late last year, the Minnesota Court of Appeals extended the statute of limitations for MWA claims from two to six years. The ruling comes on the heels of 2013 amendments to the MWA, which, plaintiffs argue, expand the scope of the statute’s coverage.

Patient suicide raises staffing issues at St. Peter, Minn. facility

04/13/2015
The union representing workers at the Minnesota Department of Human Services mental hospital in St. Peter has criticized staffing levels after a patient committed suicide by hanging himself. Part of the union’s evidence of understaffing: Patients had to help employees cut down the man’s body.

Hibbing School District caught between DHR and arbiter

04/13/2015
Hibbing High School postponed the arbiter-ordered return of a fired assistant principal after parents and the state Department of Human Rights weighed in. DHR had concluded the assistant principal had probably discriminated against female students during his tenure.

Women’s hockey coach’s firing leads to Title IX lawsuit

04/13/2015
Shannon Miller is one of the most successful coaches in NCAA women’s hockey history, but the University of Minnesota-Duluth concluded she and her all female coaching staff were a luxury it could no longer afford. Citing budgetary reasons, UM-D announced it would not renew their contracts.

Court spots the problem: Troubleshooting complex machinery isn’t exempt work

04/13/2015
With technological advances, just about every job involves using computers or computerized machinery. That doesn’t mean an employee whose job it is to repair such equipment is an exempt computer professional. Fixing things like printers and copiers—even the most technologically advanced ones—is hourly work, making the employee eligible for overtime.