Retaliation Archives | Page 5 of 9

May 25, 2020

Halunen Law - Alcoholism & Drug Addiction Disability The current opioid epidemic afflicting our nation brings up complex issues regarding drug or alcohol addiction, employee rights, and what constitutes a disability.

The Americans with Disabilities Act of 1990 (“ADA”) and the Minnesota Human Rights Act (“MHRA”) generally protect employees with alcoholism or drug addiction (as disabled) if the employees can perform the essential functions of their jobs, even if they need a reasonable accommodation to do so. But if employees are unable to perform their job even with a reasonable accommodation, or if the employees are a threat to safety, then they are not protected under the ADA or MHRA. To qualify as disabled, an employee’s addiction must impair major life activities, such as walking, sleeping, or thinking. In other words, depending on the court you are in, alcoholism and drug addiction is not automatically considered a disability, but will be addressed on a case-by-case basis.

May 24, 2020

During the economic downturn, many Minnesota workers may have turned to temporary employment or staffing agencies to find work. Temporary and contract workers often have different benefits, contracts, and responsibilities than permanent employees, but do they have different employee rights in the workplace?

Both state and federal laws protect employees from being treated unfairly on the basis of their race, sex, age, disability or religion in the workplace. Workers who experience workplace discrimination on the basis of these, or other protected classifications, have the right to seek legal recourse.

May 23, 2020

“The moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life; the sick, the needy, and the handicapped.”

.- Hubert H. Humphrey

Through their state-granted licenses, healthcare facilities have been entrusted with the duty to care for Minnesota’s vulnerable adults. Unfortunately, history gives us horrifying accounts of abuse and neglect of the most vulnerable among us while in the care of those facilities. For decades, the maltreated were left to suffer in silence, unless a vigilant family member or health care provider spoke up.

In April 1980, Minnesota Governor Al Quie signed Minnesota’s Vulnerable Adults Act into law. The Act was intended to protect vulnerable adults from abuse or neglect and to assist those charged with the care of vulnerable adults to provide safe environments. Since then, the Vulnerable Adults Act has been revised to strengthen protections for Minnesota’s vulnerable adults’ population.

May 20, 2020

The Equal Employment Opportunity Commission (EEOC) initiated a lawsuit against Wal-Mart alleging that the retail-giant allowed an employee to sexually abuse a female employee over a number of years, and then retaliating against the woman when she complained of the abuse.

According to a complaint filed in federal district court, the woman, who is developmentally disabled, endured harassment of a sexual nature (including touching in inappropriate areas) while at work from April 2005 through January 2011. The complaint also alleges that store management did not take prompt or effective actions to address the abuse. Three weeks after complaining about the long-standing abuse, Wal-Mart terminated her employment.

May 5, 2020

Minnesota workers are protected under employment law from discrimination at work on the basis of their gender, race, age, disability or religion. But, what happens when the perpetrator is an equal opportunity offender?

A recent news story examines this new trend in the workplace – bullying. This behavior consists of supervisors hassling their subordinates byway of poor performance evaluations, verbal abuse, contradictory directives, and even barring them from certain work or social activities.

December 16, 2019

A young man plays the trumpet in a band classroom setting as a girl plays the guitar beside him and another boy holds an instrument in the background. We often write about the more common protections for employees in Minnesota, such as protections against discrimination, sexual harassment, retaliation for reporting law violations (i.e. whistle blowers), and protections for employees who take medical leave. But, did you know that Minnesota also provides lesser-known protections to employees? For example, Minnesota law allows employees to take up to 16 hours of time off work to attend their child’s school conferences and activities each year and for each child.

December 5, 2019

What rights does an employee have when jury duty calls?

This is a common question many Minnesotan employees have as they followed the media’s coverage of the high-profile case of Mohamed Noor, a police officer on trial for shooting Justine Ruszczyk (Damond) after she reported a crime being committed near her home. The trial started with jury selection on April 1, 2019, and lasted nearly a month. On April 30, 2019, the jury returned after 11 hours of deliberation and convicted Mohamed Noor of third-degree murder and second-degree manslaughter.

During the initial jury selection phase of the trial, many media outlets reported the court dismissing numerous jurors for various reasons, such as bias, but also because of financial hardship. For example, the court excused several potential jurors because they could not find/afford childcare or could not afford to miss a paycheck (let alone a month of work).[1]

November 6, 2019

A sheet of paper reading "termination of employment" rests on a desk between a book and a laptop. You’ve just been fired, or you suspect you’re about to be fired. And you think that your termination may be for an illegal reason (e.g., discrimination, retaliation, blowing the whistle). Now what?

1. Do Not Quit / Do Not Sign Anything. Most workers who suspect termination is imminent often believe it is better to quit than be fired. But depending on the circumstances, that might not be true. Voluntarily leaving your position before your employer takes any adverse employment action against you (e.g., a termination), could weaken your ability to make an employment claim. Often it is wiser to continue to do your job well, which means that your employer will have to terminate you to make you leave. However, there could be extenuating circumstances that would warrant a different decision. If you are tempted to quit your job, it would be wise to contact an employment attorney before quitting to discuss your particular situation and your options.

At your termination meeting, your employer may present you with a document called a separation or severance agreement, potentially with an offer of some amount of money. Again, the wise thing to do is to consult with an attorney before signing anything. If you signed this document already and are having second thoughts, you should immediately contact an employment attorney to review the agreement on your behalf. If you act quickly enough, you may be able to rescind your agreement.

July 24, 2019

A woman in a black and white striped shirt looks down while holding out her hand with her palm outward in a gesture of "stop." The #MeToo movement has shined light on sexual harassment and sexual assault in the workplace and work-related events. However, there is still a value in increasing knowledge, training, and education when it comes to sexual harassment and sexual assault in the workplace.

In light of this, it’s vital that employees take the time to understand what sexual harassment and sexual assault are in the workplace, and how certain employment situations may make them more vulnerable than others. As an employee, it is important to know that such misconduct can happen to anyone, and if it happens to you, you are not alone – we are here to help.

June 13, 2019

In a recent case in the Minneapolis school district, an employee was let go from her position. The employee complained to the school system’s equal opportunity division regarding what happened, and she alleged that workplace discrimination, harassment, and a number of financial improprieties were going on within the school system that led to her firing.

The employee was reportedly told that the school system’s division would investigate the matter and thus preserve her rights concerning this complaint. Because of this alleged promise, the employee then waited 300 days before filing a complaint with the Equal Employment Opportunity Commission.