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In an unpublished opinion, the Minnesota Court of Appeals found no problem with the termination of an employee as a result of misconduct when the employer was actually deemed more credible than the employee, and the employee had failed to report ext... More...

Asking an employee occasional questions about their retirement plans is insufficient to demonstrate age based animus. There may be circumstances, however, where retirement inquiries are so unnecessary and excessive that they constitute evidence of d... More...

THE CENTER FOR CORPORATE EQUALITY RELEASES TAC REPORT ON ADVERSE IMPACT ANALYSIS WASHINGTON D.C. - The Center for Corporate Equality (CCE) has released its expert Technical Advisory Report on Adverse Impact Analysis. Overview Although de... More...

A recent wage and hour opinion letter makes it clear that an employer may require exempt employees to work a specific number of hours (45 or 50 a week in this example) and to make up work lost due to personal absences of less than a day. Employees, h... More...

One way I know that the economy is still in trouble is by speaking topic requests: a) recently I wrote about an after-dinner presentation on “Letting Go” for a career transition support group; to be tactful, many folks were “in between” jobs and b) ... More...

I watched the critically acclaimed movie "Up In The Air" last night - and I'll be honest: I wasn't all that impressed. Initially. I can't get the movie out of my mind (which is a good indicator of a good movie) - and I've spent a lot of ti... More...

There are both state and federal laws that can apply to layoffs. It is the responsibility of human resources professionals to ensure their organizations follow legally compliant practices and properly conduct terminations during layoffs. Now more ... More...

Should HR ALWAYS be involved in or witness termination meetings? If HR is not available, who should serve as a witness? While I (HR Manager) was on vacation, a manager terminated an employee, and allowed another employee (who is non-management) to se... More...

Excerpted from Illinois Employment Law Letter, which is written by attorneys at the law firms of Ford & Harrison LLP You have several employees you've caught red-handed violating acompany rule that your employee manual says may justify termina... More...

Perhaps the most frequent question we receive on the HR That Works Hotline is the one that produces the most fear in any manager or owner: "Can we fire this person?" Of course, what they really mean is, "If I fire them, can they sue me... More...

Excerpted from Nevada Employment Law Letter and written by attorneys at the law firms of Holland & Hart LLP As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what hap... More...

Excerpted from Oklahoma Employment Law Letter written by attorneys at the law firm of McAfee & Taft by Rachel Blue Lately, we've seen a lot of employees walking out of buildings and plants with boxes of framed photos from their desks or lo... More...

Excerpted from Colorado Employment Law Letter written by attorneys at the law firm of Holland & Hart LLP The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more workers to provide 60 days' advance n... More...

Ending a relationship is a difficult undertaking—whether a personal relationship or an employment relationship. While not qualified to give advice about personal relationships, as an employment lawyer, I can advise on how to end the employment... More...

Excerpted from Utah Employment Law Letter written by attorneys at the law firm of Wood Crapo LLC When a company downsizes, it can feel like a civil war, with employees worried about whether they will be next on the chopping block. Such times can ... More...

The November 2008 U.S. job loss report was staggering. More than 500,000 jobs shed in one month, the worst one-month job loss since December 1974. That brings the 2008 job loss total to 1.9 million.And according to a New York Times report on the job ... More...

Excerpted from Missouri Employment Law Letter written by attorneys at the law firm of Armstrong Teasdale LLP On Oct. 3, the U.S. Bureau of Labor Statistics' reported that over the past 12 months, the number of unemployed has increased by 2.2 milli... More...

Excerpted from California Employment Law Letter written by attorneys at the law firm of Freeland Cooper & Foreman LLP Look around your workplace, and you will see baby boomers who are rethinking their retirement plans. They have had their anni... More...

Excerpted from Arizona Employment Law Letter written by attorneys at the law firm of Ford & Harrison LLP Q: We've been going through the interactive process with one of our employees (we'll call him Mike). As a result, we've been accommodating... More...

Co-authored by Carole McAfee Wallace and Elisabeth Patrick On June 27, 2008, the Supreme Court of Canada (SCC) released its much-anticipated ruling in Honda v. Keays. The SCC dramatically reduced the damages awarded by lower courts in the wrongful... More...

"Here in the United States of America, we have no meaningful program of drug testing for commercial truck drivers, none." - Peter A. DeFazio Chairman of the House Subcommittee on Highways & Transit 2007 Most corporations curren... More...

Several recent Minnesota Court of Appeals decisions affirmed administrative hearing decisions that an employee had voluntarily quit or had been terminated for misconduct. There is still some hope that employers can win unemployment compensation cases... More...

Excerpted from New Jersey Employment Law Letter, written by attorneys at the law firm Pitney Hardin LLP A federal appeals court recently affirmed the dismissal of a disability discrimination claim based on perfume sensitivity. It found that the emplo... More...

A Federal District Court in Florida decided a case relevant to many types of service technicians who are required to be "on call for certain periods. In this case, a cable service technician was required to be "on call one week per month and, on ... More...

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EMPLOYEE MISCONDUCT UNDER MINNESOTA UNEMPLOYMENT LAW

DO YOU WANT TO RETIRE?

Technical Advisory Report on Adverse Impact Analysis

MINIMUM HOURS MAY BE REQUIRED FOR EXEMPT EMPLOYEES

“Letting Go” of RIF-ed Off Rage: Survival Stages and Strategies for Soon-to-Be Terminated Employees (as well as for HR Departments)

Their Future... Up In The Air

The Essential Checklist: Before the Termination or Layoff Meeting

Termination Policy?

Workers Who Lied About Violating Company Rule Fired, One Who Told Truth Keeps Job

SO YOU WANT TO KNOW IF YOU CAN FIRE THEM?

Take Extra Care When Firing or Laying off Disabled Employees

Losing More Than Just an Employee: Protecting Confidential Information

Unforeseeable Circumstances Justify Layoff Without WARN Notice

The End of the Relationship

Laid-off Workers Win Some Discrimination Lawsuits, Lose Some

Downsizing: 7 Steps to Help Employees Cope

Avoiding Legal Pitfalls During RIFs and When Reducing Workers' Hours

Telecommuting Might Be The Answer For Workers Who Change Their Retirement Plans

How do I Deal With a Disabled Worker's Attendance Problems?

Tighter Rules on Damages in Wrongful Dismissal Cases

Tighter Rules on Damages in Wrongful Dismissal Cases

Developing an Effective Drug Free Workplace Policy

Employer Unemployment Compensation Victories

The Scent of Disability Discrimination

No Pay For On-Call Time

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