Employment Law

Mitigating legal risks in layoffs and downsizing requires a deep understanding of complex labor laws and employee rights.

Failing to conduct exit interviews legally and effectively can have serious consequences for your organization, but it doesn't have to be that way.

Fine-tune your approach to performance improvement plans to avoid legal pitfalls and unlock their full potential for employee growth and success.

Guiding employers through the complexities of workplace drug testing, where employee rights and compliance converge.

Protect your business from legal repercussions by understanding the complex legal framework governing performance evaluations.

As a business owner or employer, you may be wondering whether you should give your employee a letter at the time you terminate his/her employment. Although this is a best practice, here are some practical considerations: Legal Considerations From a legal perspective, you don’t need to provide a reason for termination unless one is requested….

Yes, You Can—But You Need a Careful Process The short answer is yes, you can fire an employee who has filed a whistleblower complaint. But if you handle it poorly, you expose your company to a retaliation claim—even if the termination is entirely justified by performance issues. The key is building a documented record that…

Prepare for Your Telephone Hearing You are scheduled to participate in an Unemployment Insurance appeal hearing on the date and time listed in the Notice of Hearing included in this mailing. The purpose of the hearing is for the judge to take sworn testimony and other evidence on the issues involved to make a decision….

 Sale representatives paid on commissions have significant legal rights in Minnesota. This article explains the legal protections available to sales representatives who are employees in Minnesota. To determine your rights, you first need to determine whether you are an independent contractor or employee. If you are an independent contractor (not employee), you may have…

This article answers questions about how federal employment discrimination law applies to religious dress and grooming practices, and what steps employers can take to meet their legal responsibilities in this area. Examples of religious dress and grooming practices include wearing religious clothing or articles (e.g., a Muslim hijab (headscarf), a Sikh turban, or a Christian…

Are Employees Liable to Their Employers for Negligence? In general, an employee cannot be liable to an employer for the employee’s negligence. Can a Minnesota Employer Sue an Employee for Damages Caused by Negligence? Generally, no. Employers generally cannot sue an employee in Minnesota for damages caused by the employee’s negligence, errors, or omissions. Are there…

Employers often ask me which emails, documents, and information need to be kept in an employee’s HR records. This matters because employees have a right to view the information in their personnel records, but they do not have a right to other information the employer keeps about the employee. Below I explain what is required…

Must Minnesota Employers Give a Reason for Terminating Employment? Yes, employers are required to provide the reason for the termination in writing. This law is in Minnesota Statutes section 181.933, subdivision 1: An employee who has been involuntarily terminated may, within 15 working days following such termination, request in writing that the employer inform the…

Know the laws before dismissing problem employees. Question Working with a disgruntled employee is hard on management and coworkers alike. But can you fire someone simply because of a bad attitude? What about a lazy employee or a troublemaker? Answer Yes and no. The issues involved in terminations are complex, but by handling them properly,…

Mothers of young children are almost twice as likely to be employed today than their counterparts were 30 years ago, according to the EEOC. In addition to childcare duties, many of today’s employees have caregiving responsibilities for elderly and disabled relatives. The prevalence of caregivers in the workplace can lead to the following stereotypes, the…

Don’t rush into putting a drug-alcohol abuse policy into your employee handbook. And if you already have a policy on this topic in your handbook, review it to make sure it isn’t exposing you and your business to troubles you haven’t anticipated. Common Mistakes Here are some of the mistakes and omissions in drug-alcohol abuse…

How far can an employer go in requiring employees to be friendly? To start, does the employer have a business-related need for friendly employees, who greet customers and smile? It would be the rare business or organization that didn’t need employees who treat customers and clients in a personal, friendly way. (Sears, in an 800-store…

A key document in an employee’s personnel file is a well-drafted written memo, if you want to strengthen your defense against an employee-initiated action. Most written warnings and disciplinary memos are inadequate because they fail to include several very important elements. Elements to Include Whether you have to defend against an undeserved unemployment insurance claim…

This article provides tips for employers and managers dealing with the unprofessional appearance of an employee. Common complaints are that an employee is overweight, unkept, ugly, has no style, doesn’t dress professionally, or just doesn’t have the “look” required for the job. Perhaps the problem is affecting the employee’s performance. Perhaps the employee is a…

An Employee Solicited Our Clients Before Leaving the Company In many industries when an employee leaves a company, the clients that they interfaced with will follow them. But what if the former employee personally solicited the clients, prior to leaving their original company? Is that considered a breach of their duty of loyalty? When an employer…

You just graduated dental school and are about to join a preexisting practice. You are presented with an associate employment agreement. It is long, complex, and overwhelming. You were trained in school to practice dentistry, not review contracts. Fortunately you do not have to spend endless hours parsing the agreement word for word. Instead focus…

In the wake of terrorist attacks and divisive political rhetoric, Islamophobia is on the rise. Researchers cite fear as a driving motivator behind many Americans’ unfavorable views towards the religion. This fear manifests itself in various forms ranging from attacks on mosques to discrimination in the workplace. The Equal Opportunity Commission (EEOC), the federal agency…

If you lead a business, you may need to address lewd sexual conversations in your company. Examples include a lewd joke by email or a sexual conversation in the workplace. Employees may defend this as locker-room banter. As a company leader, what are your legal duties? What are best practices? Donald Trump made headlines when the Washington Post published a video of him boasting of…

Background On May 18, 2016, President Obama and Secretary Pérez announced the publication of the Department of Labor’s final rule updating the overtime regulations of the Fair Labor Standards Act (FLSA), which will automatically extend overtime pay protections for millions of workers within the first year of implementation. Under the new rule, anybody making a…

Does a material change in an employee’s job duties void the employee’s noncompete agreement? The material change doctrine is a legal theory that developed in Massachusetts.[1] Under Massachusetts law, each time an employee’s employment relationship with the employer changes materially such that they have entered into a new employment relationship a new restrictive covenant must…