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Employment Law

How to handle confidential information when onboarding new hires

02/19/2014
Although most employers are sensitive to the need to protect their own company’s confidential information, they may not be as attuned as they should be to the other side of the coin. A recent trial experience provided an extraordinary lesson on the significant legal exposure an employer can face when hiring employees from a competitor.

Ex-Viking claims gay marriage stance cost his job

02/19/2014
Chris Kluwe punted for the Minnesota Vikings for eight seasons before being cut last May. Since then, despite several tryouts with other teams, he has not been able to find work in the National Football League. Kluwe thinks he knows why: his outspoken advocacy for marriage equality.

Cargill Meat Solutions settles discrimination charges

02/19/2014
Cargill Meat Solutions, a wholly-owned subsidiary of Minneapolis-based Cargill Inc., has settled race and sex discrimination charges with the federal government. The DOL’s Office of Fed­­eral Contract Compliance Pro­­grams investigated the firm’s hiring practices at facilities in Spring­­dale, Ark., Fort Morgan, Colo., and Beards­­town, Ill., between 2005 and 2009.

NLRB formally issues complaint against Walmart

02/19/2014
The National Labor Relations Board Office of General Counsel concluded in November that Wal­­mart violated the National Labor Rela­­tions Act when it threatened and disciplined workers for participating in wage protests and strikes in 14 states, including Minnesota.

Tempted to countersue? Make sure claims are related

02/19/2014
If you decide to countersue an em­­ployee who takes you to court over work-related issues, make sure your suit is really tied to the employee’s claim. If it isn’t, you’ll have to file a separate lawsuit.

Remind bosses: Employees approved for intermittent FMLA leave are entitled to take it

02/19/2014
Employees with chronic conditions may need time off, but can’t always plan those absences in advance. And that may mean understaffed positions on short notice. That’s unfortunate, but it’s something a good manager must work around—and something HR should monitor.

ADA: You may not have to honor employee’s request for gradual return to work

02/19/2014

It may be a reasonable accommodation to grant additional time off after a disabled employee has used up her FMLA entitlement and other leave. But what if the disabled employee wants a gradual return to work, easing back in by working part time?

Investigate all allegations of harassment, even those made by poor performers

02/19/2014

Just because an employee is doing a lousy job doesn’t mean she isn’t also being sexually harassed. Ignoring her complaints and focusing strictly on her performance may backfire if you terminate her. A jury may decide that harassment affected her performance or that, even if you fired her for legitimate reasons, she deserves compensation for the har­­ass­­ment she endured.

Warn bosses: Don’t punish for workers’ comp

02/19/2014

Minnesota workers injured on the job are entitled to workers’ compensation benefits and can’t be punished for asking for or receiving those benefits. Remind supervisors and ­managers that it’s their job to manage the work­­force despite injuries and that threatening or actually punishing workers who apply for benefits is illegal.

Argument in the workplace isn’t harassment

02/19/2014
Sometimes, employees lose their tempers. That’s unfortunate and you certainly should discourage it. But a loud or tumultuous argument between a supervisor and a subordinate isn’t necessarily grounds for a harassment lawsuit.