MINNESOTA

EMPLOYMENT LAW

REPORT

The Minnesota Employment Law Report is our award – winning blog offering expert insight to the business community concerning employee relations, labor law, employee benefits, employment litigation and much more.

Court Affirms Termination of HR Manager Who Solicited Employee to Sue Their Employer

Dennis J. Merley

Kia Motors has advertised with the slogan “The power to surprise.” One of their Human Resources Managers took this saying to heart in choosing a very surprising method of expressing…

Appeals Court Says Termination for Illegal Act Is Not Retaliation

Dennis J. Merley

An employee is ordinarily protected from adverse employment action when seeking evidence to support a discrimination claim but what happens when that employee breaks the law when seeking that information?…

Court Sanctions Minnesota Employer For NOT Violating Federal Immigration Law

Dennis J. Merley

Believe it or not, the Minnesota Supreme Court recently explained that a Minnesota employer may be required to knowingly violate federal immigration law by employing an undocumented worker in order…

Employee Can Sue Company Lawyer for Retaliation

Dennis J. Merley

Here’s a first – a federal appeals court has allowed an employee to sue his employer’s attorney for arranging to have immigration officials come to the employee’s deposition to take him into custody…

Is FMLA Retaliation Legal If You Don’t Know You Are Retaliating?

Dennis J. Merley

Is retaliation illegal if the employer is unaware that the target employee is protected? Often, the answer is yes due to failure to inquire further but in this unusual case, the supervisor’s ignorance resulted in…

EEOC’s Guidance on Retaliation is Final – Prepare the Floodgates

Dennis J. Merley

The Equal Employment Opportunity Commission (EEOC) has finalized its Enforcement Guidance on Retaliation and Related Issues, and employers can now look forward to more claims and increasingly aggressive government enforcement.…

Vote of Confidence: OK for Sports, Not for Business

Dennis J. Merley

We often read that the coach of a losing team gets a public “vote of confidence” from team management, only to be fired a week or two later after the team drops…

EEOC’s New Retaliation Guide is Threat to Employers

Dennis J. Merley

The new Enforcement Guidance on Retaliation and Related Issues proposed by the Equal Employment Opportunity Commission (EEOC) poses a threat of more retaliation claims under federal discrimination laws (I.e. Title VII, the ADA and…