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North Dakota

Firing Guard or Reserve member? Better show you would have taken action despite service

05/13/2009

Members of the military have greater on-the-job protection than many other employees—including the right to return to their former jobs following a period of active-duty service. They also have the right not to be terminated or otherwise punished for being part of the armed services and taking military leave.

You can discharge if there’s no way to tell when employee will return to work

05/13/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return. As long as the employee isn’t covered by the FMLA (in which case, she is entitled to 12 unpaid weeks of leave), you can terminate the employee without violating the ADA.

Don’t let counterclaim stop investigation

04/09/2009

It’s fairly common for someone accused of sexual harassment to counter that, in reality, he was the one who was being harassed. Then he gives HR a detailed complaint and a lengthy list of people to interview. Don’t let this tactic dissuade you. Instead, complete your investigation just as you would any other.

Unequal performance standards shout—not whisper—disability discrimination

04/09/2009

Treating disabled employees differently than others raises all kinds of red flags that disability discrimination may be afoot. For example, setting higher standards for disabled employees than you do for others is a surefire way to end up in front of a jury, as the following case shows.

Franchiser not liable for franchisee employees’ safety

04/09/2009

If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.

Place employee on ‘provisional’ FMLA leave while seeking 2nd, 3rd certifications

03/12/2009

Employers don’t have to blindly accept their employees’ medical certifications. The FMLA allows you to get a second opinion about whether an employee’s request qualifies for leave … If the two certifications don’t agree, you can get a third and final certification to break the tie. But what happens during the interim?

Are you a prime contractor? Beware liability for your subs’ safety violations

03/12/2009

OSHA is responsible for worker safety, and it takes that responsibility seriously. It recently won a significant victory in the 8th Circuit Court of Appeals, which upheld OSHA’s right to hold contractors liable for their subcontractors’ safety violations.

Know what’s in that contract before you ask anyone to sign a noncompete

03/12/2009

More and more employers are asking their HR staffs to prepare noncompete agreements to prevent employees from taking trade secrets to competitors. Before you pull out a standard form or download one from the Internet, consider the consequences.

Coincidental timing alone does not make a retaliation claim

03/12/2009

Sometimes, employees think they can save themselves from being disciplined by making a fuss about possible employer wrongdoing. They assume that whistle-blowing will protect them from being fired, for example, because their employer’s timing will look suspect. Smart employers don’t fall for this.

Warn hiring bosses of age discrimination trap

02/12/2009

Employees who can show direct evidence of age discrimination will get their day in court. That direct evidence often comes after someone who played a part in making an employment decision (e.g., helped select a candidate for hire or promotion) makes a careless statement after the fact.