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MN Supreme Court Declares that Employees Need Not Specifically Reference the Minnesota Parenting Leave Act when They Seek the Protections provided by It

June 4, 2012

Employees are only required to identify a qualifying reason for leave under the Minnesota Parenting Leave Act (“MPLA”).  Extending MPLA leave does not automatically extend an Employee’s right to Reinstatement. In a case released last week by the MN Supreme Court, the court held that an employee is not required to specifically refer to the [...]

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MN Supreme Court Expands Meaning of Hostile Work Environment Under MHRA

May 25, 2012

A hostile work environment claim under the Minnesota Human Rights Act (“MHRA”) may be based on harassing conduct that is based on sex, even if the offending conduct is not sexual.  In a case released last week by the MN Supreme Court, the court held that verbal and physical harassment directed at an employee because [...]

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Can I Write You a Check?

May 1, 2012

Another employer-friendly case came down from the Eighth Circuit Court of Appeals last week.  In Leslie Luster v. Wells Fargo Bank, N.A., a terminated Wells Fargo employee brought a racial discrimination claim against it under the Minnesota Human Rights Act. Luster was fired after an internal investigation in December 2009 concluded that she had engaged [...]

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To Accommodate or Not To Accommodate

February 10, 2012

Come On, Let’s Be Reasonable An interesting case came down earlier this week from the Minnesota Court of Appeals.  In Melanie Michael v. Education Management Corporation, a former sonography student brought a disability discrimination/failure to accommodate claim against Education Management Corporation d/b/a Argosy University (“Argosy”) under the Minnesota Human Rights Act. The student suffers from [...]

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Act Fast, This Is A Limited Time Offer

November 4, 2011

That’s what Karl Bjorkman (“Bjorkman”) probably learned the hard way on October 31, 2011, when the Minnesota Court of Appeals issued its opinion affirming the district court’s dismissal of his breach of contract and promissory estoppel claims against his former employer, Arctic Cat, Inc. (“Arctic”). Bjorkman worked for Arctic at its Thief River Falls, MN [...]

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Pay Attention! You Are Being Sued.

October 11, 2011

In the case of Chapman v. Burton, et al., the Minnesota Court of Appeals provided yet another harsh example of what can happen when you ignore a Complaint, and believe that someone else is “taking care of matters…”  As part of a complex real estate transaction, defendant Kristopher C. Howard (“Howard”) convinced Renee C. Burton [...]

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Plead It With Particularity

September 26, 2011

In a recent post, I summarized the Eighth Circuit case, Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., et al., in which two words in a contract were found to be “ambiguous,” compelling the court to remand the matter for an expensive trial. In keeping with this theme, today, the Minnesota Court of Appeals released [...]

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Words Matter, Choose Them Wisely

September 14, 2011

In the recently decided case of Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., et al., the United States Court of Appeals for the Eighth Circuit reminded us that the words businesses choose when entering into a contract matter, a lot. Between July 2003 and April 2004, Semi-Materials entered into two “International Sales Representation Agreements” [...]

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Didn’t I Say to Get it in Writing?!

May 26, 2011

In my April 19, 2011, blog post, I talked about the importance of putting agreements in writing.  This was so the terms of the agreement would be clear to both parties, and if there was dispute later on, one party would be unable to “mis-remember” (ala Roger Clemens) the terms.  This principle was recently reaffirmed [...]

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Court Grants Employer a Temporary Injunction in Non-Compete Agreement Dispute Despite Arbitration Clause

May 11, 2011

On May 3, 2011, the federal district court of Minnesota in RSM McGladrey v. Peter Epp, et al., reaffirmed the notion that a court may issue a temporary injunction in a non-compete agreement dispute even if the agreement contains an arbitration clause. RSM McGladrey (“RSM”), a nation-wide provider of tax services, sought a temporary injunction [...]

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Minnesota Court of Appeals “Pierces the Corporate Veil” of a Single Member LLC

May 4, 2011

This is a case that may give small businesses pause, especially businesses with only one employee.  In SCA License Corporation v. Steve Hackbarth a/k/a Steven Hackbarth d/b/a/ Hackbarth Roofing, the Minnesota Court of Appeals found that Mr. Hackbarth’s company, West Builders, LLC, was simply his “alter-ego” for purposes of certain debts he  incurred in the [...]

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No Benefits, Vacation Time or Withholdings = Employee

April 25, 2011

No Benefits, Vacation Time or Withholdings = Employee Even though you may not provide your workers with benefits, or withhold any taxes from their paychecks, they may still be considered your employees. In a recent Minnesota Court of Appeals decision, Anderson v. Holly Littrell, et al., Anderson worked as a truck driver delivering liquid fertilizer [...]

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Employers Must Make a Reasonable Accommodation for Religious Beliefs or Show That an Accommodation will Cause an Undue Hardship

April 22, 2011

Employers Must Make a Reasonable Accommodation for Religious Beliefs or Show That an Accommodation will Cause an Undue Hardship In Maroko v. Werner Enterprises, Inc., Yabesh Maroko, a devout Seventh-Day Adventist, brought a Title VII claim for religious discrimination against Werner Enterprises.  This was a pretty straightforward case, as it was evident that Werner made [...]

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“Do you take this man to be your lawfully wedded husband?”

April 19, 2011

The Minnesota Supreme Court decided an interesting case earlier this month. In LeAnn Taylor v. LSI Corporation of America, LeAnn Taylor sued LSI for “marital status discrimination,” under the Minnesota Human Rights Act. She claimed that her employer, LSI, violated the Act when it terminated her after her husband, who was president of LSI, was [...]

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Written Contracts: Do I really need one?

April 19, 2011

How many times have we all heard someone say, “make sure you get it in writing!” While certain types of oral contracts can be enforceable, “getting it in writing” is a good idea whether you are dealing with vendors, clients or employees/independent contractors. Let’s face it, when a dispute arises and there is not written [...]

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