Employer Liability for Employees’ Actions
August 19, 2013 | Jennifer C. MoreauMinnesota recognizes three negligence causes of action in which an employer is liable to a person for injuries caused by an employee: negligent hiring, negligent retention, and negligent supervision. This article will describe these causes of action. The Basics Negligence imposes a duty upon an employer to exercise reasonable care if the employer’s action creates a foreseeable risk of harm or injury to another. Though the particular injury need not be foreseeable, it must have been reasonable to expect so that a sensible person would take precaution. If the connection between the harm and the employer’s act is too remote, no liability will be imposed. Negligent Hiring An employer is liable for negligent hiring if it hires someone for a position through which the employer knows, or should have known through investigation, the employee would pose a foreseeable threat of injury to others. The injury must be physical but does not need to occur within the scope of employment. The duty of the employer to conduct a reasonable pre-employment investigation depends upon the job. For example, an employer owes no such duty for a maintenance worker whose responsibilities required no exposure to the general public and limited contact with coworkers. Yet in Ponticas v. K.M.S. Invs., 331 N.W.2d 907 (Minn. 1983), an employer…
Read MoreWhat is Early Neutral Evaluation (ENE)?
August 12, 2013 | Elizabeth A. SchadingEarly Neutral Evaluation, or ENE, has become a pretty common component of family law cases in Minnesota. It’s a voluntary process of evaluating and mediating the issues of a divorce. Parties may opt into Financial Early Neutral Evaluation. This will be conducted by one skilled evaluator, who may be an attorney or accountant. In the case of divorce or other family matter involving children, parties may opt into Custody/Parenting Time (CPENE) also known as Social Early Neutral Evaluation (SENE). This will be conducted by a male/female team who are experienced family law attorneys, social workers, psychologists, or other professionals knowledgeable about children’s best interests. Some couples will use both processes. How Does It Work? You, your spouse or other parent, and attorneys (if you have them) will meet with the evaluator(s). The process will take three or four hours, and a fee will be assessed prior to the meeting so that you will know how much it will cost. Each side has the chance to present their information about how they feel the issues should be resolved. The evaluators will ask questions. Ideally, an agreement will be reached, just like in any divorce mediation. We recommend our clients go into an ENE with an open mind if they choose to exercise the option,…
Read MoreCan I Change My Child’s Last Name During a Divorce?
August 8, 2013 | Elizabeth A. SchadingThere are many reasons why a parent might wish to apply for a name change on behalf of a minor child during a divorce. Usually, this desire would come from a wife who wishes to revert back to her maiden name and who wishes the child to carry the maiden name as well. In order to do this you will almost always need the permission of the other parent. However, there are exceptions. Several factors will be taken into account. As usual, the courts will try to determine what’s best for the child. To this end, the court will ask several questions, including: How long has the child gone by the current last name? How will changing the child’s last name affect his or her relationship with both parents? If the child is old enough, what name does the child prefer? Is there a degree of community respect or notoriety associated with either name? Given those considerations neither the name change nor its denial are a “done deal,” especially if there really are compelling reasons why the child might be embarrassed or harassed for bearing the marital surname. What would cause embarrassment or harassment? One example might be in cases where the spouse was involved in a very public criminal case that is…
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