Last week the Eighth Circuit Court of Appeals held in Ayala v. CyberPower Sys. (USA), Inc. that an employee’s compensation agreement did not modify his status as an at-will employee. No. 17-1852, 2018 WL 2703102, at *1 (8th Cir. June 6, 2018). In Ayala, the plaintiff entered into an agreement with defendant CyberPower that
Terminations
Does the MHRA Require an Employer to Engage in an Interactive Process to Determine an Appropriate Reasonable Accommodation?
By Michael Miller on
The Minnesota Court of Appeals recently held that the Minnesota Human Rights Act (MHRA) does not require an employer to engage in an interactive process with an employee to determine whether an appropriate reasonable accommodation is necessary.
In McBee v. Team Industries, Inc., the plaintiff, a machine operator, received medical attention for back and…
Defamation and Termination
By Neal Buethe on
The settlement of a recent case brought by an in-house attorney against his former employer highlights the importance of great care in any public statements about an employee’s termination.
The case involved a public statement made by the employer (specifically statements made to a regulatory group) that, arguably, portrayed the employee’s voluntary departure as being…
Avoiding Toxic Employees May Be More Beneficial Than Hiring Superstars
By Michael Miller on
According to a Harvard Business School study, an employer’s decision to avoid employing a toxic employee may prove to be more than twice as profitable as the decision to hire a superstar.
The study analyzed data concerning over 50,000 employees at 11 companies to quantify the costs of employing toxic employees vs. the benefits of…
What Is Constructive Discharge?
By Michael Miller on
Posted in Terminations, Uncategorized
Constructive discharge occurs when an employer deliberately makes an employee’s work environment so intolerable that resignation is the employee’s only plausible alternative. A recent federal court of appeals decision demonstrates, however, that constructive discharge is usually difficult for an employee to prove.
In Cosby v. Steak N Shake, the employer gave the plaintiff two…
Do Lawful Consumable Product Statutes Protect The Off-Duty Use of Marijuana?
By Michael Miller on
No – the Colorado Supreme Court recently held that because medical marijuana remains illegal under federal law, an employee’s off-duty use of prescribed medical marijuana was not protected by the state’s lawful activity statute.
In Coats v. Dish Network, the employer fired an employee who tested positive for marijuana after using medical marijuana during…
How To Fire An Employee
By Michael Miller on
Posted in Terminations
Here are ten quick tips for how to fire an employee:
- Pay the employee his or her final wages within the time period required by Minnesota law.
- Determine whether the employee needs to be paid for unused vacation or PTO under Minnesota law.
- Be prepared to provide notice of the reason for the termination or
…
Can An Employer Fire An Employee For Punching a Belligerent Shoplifter?
By Michael Miller on
Posted in Terminations
Yes – a federal court in Maryland recently rejected the argument that termination of an employee for punching an aggressive shoplifter violates public policy.
In Altschuld v. CVS Caremark Corp., the employee worked at a drug store and, in the course of his duties, confronted a suspected shoplifter. No. WDQ-13-3680 (D. Md., July 10,…
Supreme Court Holds That Severance Payments Are Taxable Wages
By David Schooler on
Posted in Terminations, Wage and Hour
In a recent case, the U.S. Supreme Court addressed the issue of whether severance payments made to employees who were involuntarily terminated as part of a Chapter 11 bankruptcy were taxable wages. U.S. v. Quality Stores, Inc.,No. 12-1408 (U.S. Mar. 25, 2014).
In the case, Quality Stores, Inc. paid severance payments to employees and…
EEOC Challenging National Pharmacy Over Terms of Severance Agreements
By David Schooler on
Posted in Discrimination and Harassment, Terminations
On February 7, 2014, the EEOC filed suit in the United States District Court for the Northern District of Illinois in Chicago against the large prescription and healthcare related services provider, CVS, contending that its actions concerning severance benefits violate Title VII of the Civil Rights Act of 1964. Specifically, this law provides the…