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North Dakota

Carefully document all details when employee starts having attendance problems

09/25/2018

It may seem obvious that a worker isn’t following your attendance rules. However, always carefully document each absence anyway. Meticulous records make it easier to win if the employee claims your discipline was based on discrimination or retaliation.

Courts appreciate employers’ basic fairness

09/25/2018

Employers that treat employees fairly seldom lose lawsuits. Judges and juries understand that employers have a business to run, but appreciate it when they try to do the right thing under difficult circumstances. Here’s an example of how fairness won out.

Document each stage of progressive discipline

09/04/2018

Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

OK to fire disabled worker who cannot perform job duties

08/08/2018

Sadly, some employee disabilities just can’t be accommodated, which means the employee can be terminated. Just make sure you can back up your contention that there was nothing that could be done to allow the employee to keep working.

Consider hiring outside attorney to conduct investigation into HR harassment

08/08/2018

The 8th Circuit Court of Appeals has refused to reinstate a case involving sexual harassment in which the alleged harasser claimed he was fired because of racial bias.

8th Circuit slaps down DOL in FLSA case

08/08/2018

The Department of Labor has suffered a rare rebuke after it tried to press an employer to reveal information that might expand a Fair Labor Standards Act claim to cover related entities.

Is that valid guidance or sex discrimination?

08/08/2018

A female employee sued for sex discrimination when she felt that she was told to do her job more like a man.

The First Amendment, patronage and political firing

07/24/2018

Public employers that fire workers following a controversial election must show that they would have fired the worker anyway.

8th Circuit reiterates: Employees who sue have no right to free legal assistance

07/24/2018

The 8th Circuit Court of Appeals had reaffirmed that former employees who are poor and who are struggling to represent themselves aren’t entitled to the help of an attorney at no charge.

Part-time job may be reasonable accommodation

06/26/2018

The ADA requires employers to consider transfer to open positions as reasonable accommodations for disabled workers. But what if an employee isn’t qualified for any open full-time positions? A part-time position may suffice.