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Terminations

Warn managers: Even years later, acting against whistle-blower can be retaliation

01/13/2009

Genuine whistle-blowers are protected against retaliation under the Minnesota Whistleblower Act even if the retaliation occurs years later. Caution management to avoid any action that smacks of punishing an employee for instigating or cooperating with a criminal investigation of alleged company wrongdoing.

Whistle-blower needs more than hunch employer broke law

01/13/2009

Good news: Employees who claim to be whistle-blowers protected from discharge for complaining about alleged workplace problems under the Minnesota Whistleblower Act have to do more than make general allegations. A true whistle-blower has to show that his claim, if proven, would amount to a violation of a Minnesota law.

Hilton women sue over orgy

01/13/2009

Deborah Smith, a former night manager of the SkyWater Restaurant at the Hilton Minneapolis, has filed a lawsuit alleging she was fired for walking in on an orgy involving upper managers in December 2007.

You may have to agree to part-time schedule after employee returns from FMLA leave

01/13/2009

Employers may be in for a nasty shock if they assume that an employee who can’t return to work full time after taking FMLA leave doesn’t have the right to reinstatement. If they can perform the essential functions of their jobs on a part-time basis, then employers may have to agree to a reduced schedule.

Muslim man claims bias at Dearborn Wal-Mart

01/09/2009

Louay Kezy, a former stockroom clerk at a Wal-Mart store in Dearborn, has filed a $12 million lawsuit claiming he was harassed and fired because of his Arab and Muslim heritage. Kezy, who worked at the store from March to August 2008, claims that co-workers made terrorist jokes and hostile remarks such as “We hate you all” …

Feds file harassment suit against Muskegon County

01/09/2009

Muskegon County faces a U.S. Department of Justice (DOJ) lawsuit claiming the county failed to respond to sexual harassment complaints dating back nine years. In 2000, Eva Amaya, a former computer analyst for the 60th District Court, complained about inappropriate touching by co-worker Eugene Beene …

$1.3 million discrimination judgment against Spitzer senior

01/09/2009

A Bronx jury has ordered Bernard Spitzer, father of former Gov. Eliot Spitzer, to pay more than $1.3 million to four former employees to settle racial discrimination charges.

Prepare to comply with two new employment laws

01/09/2009

Beginning Feb. 1, New York employers must comply with two important new state employment laws affecting notification of impending layoffs and the conduct of criminal background checks.

Disabled former employees can’t recover benefits under ADA unless they seek rehire

01/05/2009

In a common-sense decision, the 6th Circuit Court of Appeals has ruled that former employees who are disabled cannot sue their former employers under the ADA to recover retirement benefits that were reduced because they received Social Security disability payments from the federal government.

Accepting early retirement incentive may end lawsuit

01/05/2009

Employees who have pending lawsuits against their employers may be among a group of employees who receive early retirement offers that are part of downsizing initiatives. If litigious employees accept such a buyout offer, they may lose their standing in their lawsuits.