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Minnesota

ADA: Stand by truly essential job functions

10/12/2012
Courts usually defer to an em­­ployer’s designations of essential job functions as long as there’s a clear, reasonable explanation of why they are essential. That’s true even in compelling ADA cases where it’s clear a disabled employee is capable and could do the job if only she didn’t have to perform just one of those functions.

Checks fly, banker goes to jail … and the bank fails

09/18/2012
The former president of Pinehurst Bank in St. Paul will serve 42 months in federal prison following convictions on five counts of misapplying bank funds in a 2010 check-kiting scheme. The resulting losses forced the bank to close in May 2010.

Can severance deal address unemployment?

09/17/2012
Q. We want to terminate an underperforming employee and are considering offering a severance agreement in which we agree not to contest unemployment benefits and he agrees to resign and release the company from any claims. Is that OK?

What should we do about consensual relationship between manager and subordinate?

09/17/2012
Q. We just found out that one of our managers is having a consensual sexual relationship with someone who reports directly to him. If we confirm with the subordinate that she believes the relationship is consensual, do we need to do anything else?

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?

Can you fire an employee for smelling like tobacco smoke?

09/17/2012
Since 2007, when Minnesota’s Freedom to Breathe Act took effect, smoking has been banned in Minnesota workplaces. Now, new studies about the harmful effects of “third-hand smoke” have caused some employers to take their no-smoking policies to new heights.

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.

Sick pay after suspension doesn’t count against unemployment

09/17/2012
Employees who are suspended for 30 days or more without pay are considered terminated. If they then receive accumulated sick leave pay, that doesn’t count as wages—and it doesn’t lower their unemployment compensation benefits.