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Firing

Expect suit to follow last-minute MDHR filing

11/12/2008

Employees who file a discrimination claim with the Minnesota Department of Human Rights within the one-year deadline set by the Minnesota Human Rights Act get an extension of time to file a lawsuit directly in court. That’s the conclusion recently reached by the Court of Appeals of Minnesota.

Do you have specific rules for calling in sick? They may be contractual

11/12/2008

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts …

Concerns about immigration status don’t equal national-origin discrimination

11/12/2008

Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.

Breaking no-alcohol rule may mean no jobless benefits

11/12/2008

If you have a zero-tolerance policy for employees drinking alcohol on duty, employees who are fired for breaking the rules may be denied unemployment compensation benefits—even if the employee wasn’t impaired enough to be criminally charged with drunken driving.

Barista back as Starbucks settles NLRB complaint

11/12/2008

Erik Forman, a barista at a Minneapolis Starbucks who claimed he was fired in July for promoting a union drive, is pouring ventes again after the java giant settled a National Labor Relations Board complaint he filed.

Pig handlers fired for abuse

11/12/2008

Fairmont-based MowMar Farms has fired six workers at its newly acquired farm near Bayard, Iowa, after a videotape revealed that some employees routinely abused pigs there. The footage, shot by PETA, showed workers slamming piglets on a concrete floor…

Can we fire someone who is costing us a fortune in workers’ comp claims?

11/12/2008

Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.

Can a ‘bad’ motive firing of an at-will employee backfire?

11/12/2008

Marsha Bartel was an award-winning NBC journalist working on the “Dateline NBC” television show. NBC fired her, claiming it was laying off staff. She sued, alleging NBC had fired her for complaining that the show was not adhering to NBC’s internal ethical standards. The case offers some important reminders about how to handle termination of at-will employees.

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Take it seriously when employee yells, ‘Stop!’

11/10/2008

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.