Minnesota's Sexual Harassment Statute: It's History and the law (Part I)
December 20, 2009 | Barna, Guzy & Steffen, Ltd.Every person who works, and every company that does business in Minnesota must address the issue of sexual harassment in the workplace. Even if no such conduct has occurred at the workplace, it is still necessary for employers to have policies in place to address the issue should it arise. Because the topic is such a pressing issue, this article addresses the history behind Minnesota’s law and the specific requirements necessary to prove a claim. Part I of this article discusses the history. Part II discusses the evidence necessary to prove such a claim. The Minnesota Human Rights Act is designed to prevent discrimination against women and men through prohibition of offensive sexual harassment by others. The original version of the MHRA, known as the Minnesota State Act for Fair Employment Practices (FEP) set out its policies in full as follows: “Section 1. Declaration of policy. As a guide to the interpretation and application of this act, be it enacted that the public policy of this state is to foster the employment of all individuals in this state in accordance with their fullest capacities, regardless of their race, color, creed, religion, or national original, and to safeguard their rights and privileges of the inhabitants of this state and menaces the institutions and foundations…
Read MoreMilitary Leave Law
December 20, 2009 | Scott M. LepakThe federal Uniformed Services Employment and Reemployment Act was enacted into law on October 13, 1994. This law clarifies and expands upon the Veterans’ Reemployment Rights Act. It provides that an individual has the right to return to work following a leave for uniformed service. In order to be entitled to reemployment: 1) the employer must receive notice of the impending service from the employee or uniformed service; 2) such service leave may not exceed five years (subject to some exceptions which allow for a longer service leave); and 3) the individual must report or reapply to the employer in a timely manner following the service. What is considered a timely reporting or reapplication depends upon the length of the leave and whether the individual has been injured or has incurred an illness while in the uniformed service. Upon returning from a leave of at least 30 days but less than 180 days, an employee may not be discharged without just cause for a period of 180 days. If the leave was greater than 180 days, the returning employee may not be discharged without just cause for one year. Seniority-related benefits decisions must take into account and include the period of time that an employee is on such military leave. This type of…
Read MoreNon-compete Agreements
December 20, 2009 | Joan M. QuadeNon-compete Agreements By Joan M. Quade There are many misconceptions about non-compete agreements. Some employers and employees alike believe they are simply unenforceable. Other employees believe they are enforceable and must be signed no matter how broad. Neither position is correct. A non-compete agreement can be enforced against a former employee if there is proper consideration for the entry into the agreement at the appropriate time, and the agreement is reasonable in its nature, length and geographic scope. The agreement can also be enforced under the theory of intentional interference with contractual relations against subsequent employers if they hire an employee bound by such an agreement and one can show that they had actual knowledge of the agreement prior to hiring the employee. A non-compete agreement can be found in an employment contract or it can be entered into as a separate agreement. A non-compete agreement controls the employee’s action after the employment relationship has been terminated. It is an enforceable promise by the employee to not compete with the employer on specific terms, for a specified period of time, usually within a specific geographical area. The purpose, from the employer’s perspective, is to prevent unfair competition and to protect an employers’ “good will”. The “good will” of a business is an asset…
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