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Thank You

I’d like to thank my colleagues who voted me as one of the Top 100 lawyers in Minnesota in 2013:

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The Court giveth, and the Court taketh away

Kim Hansen has just learned the hard way about the adage: “you can win the battle but lose the war.” She sued her former employer, Robert Half International, for violations of the Minnesota Parenting Leave Act, Minn. Stat. §§ 181.940-181.944. She won on the first question presented to the court, which held that an employee [...]

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New EEOC Guidance on Treatment of Arrests and Convictions in Hiring

I have written about this issue several times before, but now the EEOC has issued a new Enforcement Guidance addressing the use of arrest and conviction records in hiring. Its Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 narrows the circumstances under [...]

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A Tale of Two FMLA Plaintiffs

Two different FMLA plaintiffs fared very differently in cases decided last week. In the first, Fries v. TRI Marketing Corp., Judge Joan Erickson denied TRI’s motion for summary judgment and allowed Ms. Fries’ FMLA interference and retaliation claims to be heard by a jury. In the second, Ballato v. Comcast Corp., the Eighth Circuit upheld [...]

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An overview of “minor” employment claims in Minnesota

A recent decision by Federal District Court Judge David Doty in Laitinen v. Per Mar Security provides an excellent overview of some of the less common claims that can arise in employment disputes. Laitinen was a general manager for Per Mar. He was fired for allegedly falsifying training certificates. Laitinen vigorously disputed this allegation and [...]

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Upcoming CLE on ADA issues

I will be presenting at this CLE on Thursday, March 29, 2012 from 9:30 a.m. to 12:00 p.m. with attorneys from the Minnesota Disability Law Center and the Housing Discrimination Law Project. If you have an interest in the ADA, this should be a good CLE.

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No CFAA Relief for Employer

There has been a vigorous dispute in the federal courts over the extent to which the Computer Fraud and Abuse Act (“CFAA”) may be used by employers to impose civil liability on employees who access confidential or trade secret information with an improper purpose (i.e. to start a competing company). Judge David Doty has now [...]

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When is a replacement “sufficiently younger” to establish age discrimination?

The Eighth Circuit Court of Appeals issued an opinion this week that contains a couple of interesting nuggets for age discrimination claims. Karen Chambers sued her former employer, The Travelers Companies, on a variety of claims, including age discrimination. At the time of her discharge, Chambers was 52; she was initially replaced by a 51-year-old, [...]

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Section 1981 is alive and well

I recently told the students in my Employment Discrimination class that we don’t see many claims brought under Section 1981 of the Civil Rights Act of 1866. As if to prove me a liar, the Eighth Circuit just this week affirmed a grant of summary judgment in a retaliation case under that very Civil War [...]

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Rights under FMLA may begin before leave itself

Although it is not directly applicable to Minnesota employers, an appellate court in Florida recently held that the Family and Medical Leave Act protects a pregnant worker who was fired after she requested leave, even though she was not eligible for FMLA leave when she made the request, because she would have been eligible at [...]

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