Minnesota Employment Law Update
June 20, 2013 | Bradley KletscherThe legislature was busy during the 2013 legislative session with employment laws. The legislature passed several changes to Minnesota laws affecting employers and their employees. The following article discusses some of the highlights from the session related to employment law changes. 1. Criminal background checks Effective January 1, 2014, the circumstances in which employers may request information regarding an applicant’s arrests or convictions has been restricted. Under the new law, public and private employers cannot inquire into, consider or require disclosure of an applicant’s criminal history until after the applicant has been selected for an interview, or if there is not an interview, before a conditional offer of employment is made. Since 2009 Minnesota law has prevented public employers from requesting criminal background information on job applications. The law provides an exception for employers with a statutory duty to conduct criminal background checks or otherwise consider applicants’ criminal history during the hiring process. Therefore, employers hiring for certain types of positions – for example, positions working with children in schools- are permitted to inquire about criminal history at the application phase. However, employers should be careful to inquire only about offenses that may be specified by statute, and they should not ask criminal history questions of all applicatns, if the employer does not…
Read MoreWhat is Whiplash?
June 17, 2013 | Adriel B. VillarrealPopular media sometimes likes to portray whiplash as a “pretend” injury, something that unscrupulous people make up in order to get lots of money. In reality, whiplash could be a very serious injury. During a car accident it is common for the head to be flung forward and back at unnatural speeds. The neck and back can sustain serious damage from this motion. Whiplash is literally a sprain or strain of the neck that damages the joints, discs, ligaments, and nerve roots in your back and neck. The symptoms can take up to 24 hours to appear. This is normal, and it’s not a victim’s attempt to claim erroneous pain “after the fact.” Symptoms can include headaches, neck pain, pain in the back, shoulders, and shoulder blades, numbness and pain in the arms, and dizziness. It can also impact your cognitive ability, causing a “brain fog” sensation that impacts both memory and concentration. All of these symptoms can have a significant impact on your ability to function normally. They should not be ignored or dismissed. These injuries do not show up on X-rays. Normally, it takes a CT scan or an MRI to detect it. Whiplash is one of the many injuries and complications that can occur after your first post-accident doctor visit….
Read MoreAm I Taking Unfair Advantage of a Property Owner if I Pursue a Slip-and-Fall Case?
June 13, 2013 | Adriel B. VillarrealMany of our clients are often concerned about whether or not they are being fair when they file a slip-and-fall claim. Most of our clients are good people who would be the last ones to ever take advantage of anyone! It’s true that some slip-and-fall accidents are just that: accidents. Property owners are not responsible for all of them, and if that’s true in your case a good personal injury attorney will certainly advise you of that fact. However, some slip-and-fall injuries are caused by negligence on the part of property owners. Property owners have a legal obligation to maintain safe conditions on their premises, and they do not always follow through. Here are some examples of this kind of negligence: A restaurant spills grease on the floor and fails to clean it up. Freshly mopped floors in a grocery store are not clearly marked with a warning sign. Ice or snow on a walkway that should have been properly shoveled and salted before business hours began. A broken hand rail that ought to have been properly maintained causes someone to trip and fall down a flight of stairs. A loose floor tile, floor board, or bit of carpeting that was neglected for months causes someone to slip and fall. If you have…
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