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Tag: ‘Employment Law’

Whither Whistleblowing? Uncertainty Stalks the Way Ahead

The Minnesota Supreme Court’s Kidwell decision has left whistleblowing employees, employers, and advocates for both with less than they had hoped for, while leaving a number of uncertainties for all who ponder the new bounds of whistleblower law. The long-awaited ruling this summer by the Minnesota Supreme Court in the landmark whistleblower case of Kidwell […]

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Managing Employment Expectations of Employee-Shareholders

Employee-shareholders of closely held corporations may reasonably expect continued employment but corporations need to manage their business, including the ability to make management changes. Careful drafting of employment and shareholder agreements to balance these expectations can mitigate difficulty if conflicts arise. A company’s vice-president takes bribes and kickbacks from customers. One of the managers gets […]

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Independent Contractor or Employee? The Focus Shifts Again

Courts, legislators, and government agencies have striven for years to distinguish employees from independent contractors, and the question remains a lively one for attorneys.  With roots in both statutory and common law, the distinction continues to evolve, as a recent decision from the Minnesota Court of Appeals illustrates. The question of whether a worker is […]

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Suspended … Hired?

You’ve gone and got yourself suspended (or worse, disbarred1) for committing some serious misconduct! You’ve been suspended by the Minnesota Supreme Court for a period longer than 90 days, such that you are required to apply for reinstatement, undergo an investigation by the Director’s Office, and appear for a reinstatement hearing before a panel of […]

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The Minnesota False Claims Act: Is It Minnesota Nice?

Minnesota’s False Claims Act, which will take effect July 1, 2010, differs from its federal and other state counterparts in several key respects that may have a chilling effect on qui tam actions in this state.  Whether it’s “Minnesota nice” or an effective deterrent against fraud remains to be seen. On May 16, 2009, Minnesota […]

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Domestic Violence Comes to Work: The Need for a Work-Related Response

Reforms in both criminal and family law over the last 30 years have heightened protection for victims of domestic violence. More recently, an awareness of the effect of domestic violence on the workplace has emerged, and legislatures have responded with an assortment of employment-related reforms. Employers need to be aware of these legal developments and consider […]

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Hot Heads, Single Incidents, and Overall Conduct

Unemployment compensation claimants who were discharged for isolated incidents of misconduct have had mixed success before the courts over the years, not least because the controlling doctrine, alternately articulated in case law and in statute, continues to evolve.

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Karma, Dogma, Dilemma: Religious Accommodation at Work

As society has become more diverse, conflicts between the requirements of employees’ religion and employers’ business have increased, challenging courts and legislatures to devise reasonable accommodations to satisfy both.  Resulting standards are often fact-driven and difficult to interpret, with result that further litigation seems inevitable.   If it seems like you have been hearing and […]

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Landing on Your Feet: Outplacement Services Make It Easier

Hard times make for hard choices, sometimes including termination of employment relationships.  Outplacement services can serve both the employer and the employee in these circumstances, preserving good will for the former and enabling the latter to quickly move on to new opportunities. Severing employment relationships involuntarily is never pleasant, personally or professionally, no matter what […]

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The Anti-Bullying Legislative Movement: Too Quick To Quash Common Law Remedies?

According to a recent survey, thirty-seven percent of U.S. workers have been bullied on the job.  One researcher found that bullying was four times more common than sexual harrassment.  Modifying the common law to redress severe status-neutral harassment is a workable solution to fight the problem. “We have a no jerk rule here,” I learned […]

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