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Minnesota

One way to avoid unemployment liability: Offer time off for medical problems

09/17/2012
In Minnesota, an employee who has a medical condition that prevents him from working can still collect unemployment benefits if he quits. But before he quits, he has to tell his employer about the medical problem so the employer has a chance to offer time off and continued employment when he returns.

Always check supervisor’s firing recommendation

09/17/2012
The FMLA allows double damages for willful violations. Recently, the 8th Circuit Court of Appeals ruled that the extra damages can be levied against an employer that essentially rubber-stamps a supervisor’s wrongful termination decision.

Religion, workplace safety tangled up at Le Center bakery

09/17/2012
Dianne’s Fine Desserts faces a complex conundrum after 30 Somali workers left work following a June labor dispute at the commercial ­bakery’s Le Center manufacturing plant. The workers claim they were told to leave. The company says it only barred the workers from the plant floor until they complied with a new dress code.

Bosses may be personally liable for harassment

09/17/2012
If you are a public employer committed to discouraging sexual har­­assment, make sure your supervisory training covers the topic. In particular, ensure that supervisors know they aren’t immune from liability if they harass a subordinate.

Client gaffe doesn’t create employer liability

09/17/2012

Sometimes, customers or clients make inappropriate remarks. How managers respond to those comments is important. Put on the spot, they may be at a loss for words. That may not be ideal, but it isn’t enough to create liability for the employer.

Even if you’re wrong, you can fire employee who’s on FMLA

09/17/2012
Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.

No unemployment if employee quits during investigation

09/01/2012
An employee who quits during a suspension and pending investigation isn’t eligible for unemployment benefits.

Fired employee reinstated? That doesn’t excuse more misbehavior or poor performance

09/01/2012
Take heart if you have ever de­­cided to reinstate an employee or re­­scind discipline because the employee threatened litigation. Doing so won’t wipe clean his disciplinary record or imply that you admitted he’s living up to your expectations.

If an employee is injured at a company picnic, would that be covered by workers’ comp?

08/13/2012

Q. We are considering holding, off-site at a park, a “Company Olympics” event featuring sports such as softball and tennis. If an employee were to be injured while participating, would that be considered a workers’ compensation-covered injury? Would it matter if participation was voluntary?

Fired sales rep did not return our iPad! Can we deduct its value from his last check?

08/13/2012
Q. We recently fired a veteran sales representative on short notice. He still has a new iPad that we purchased to help make sales presentations. We have repeatedly asked him to return the iPad, but he is ignoring our requests. Can we now just deduct the cost from his last paycheck?