Category: EMPLOYMENT

Recent Minnesota Supreme Court Case Clarifies Proof Needed for Age Discrimination and Constructive Discharge Claims
Age discrimination in the workplace is rarely open and obvious. An employer that wants to push an older worker out the door likely won’t come out and say, “We’re letting you go because you’re too old.” Instead, the employer may devise pretexts for termination, such as unjustified poor performance reviews. Alternatively, an employer may make …

Top 5 Questions to Ask When Offered a Severance as Part of a RIF
If your employer has offered you a severance package as part of a Reduction in Force or RIF, you first need to understand that companies typically claim that RIFS are necessary for supposed financial reasons. In truth, though, RIFS are often used to get rid of older, more expensive employees and may constitute age discrimination. …
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I’ve Just Received a Layoff Notice. What Should I Do?
Coming off record low unemployment rates, businesses are increasingly shedding workers across the economy, affecting employees at companies ranging from 3M to Twitter to Yankee Candle. Fortunately, the law affords laid off individuals certain rights and protections, as summarized below: 1. Am I Entitled to Severance? In many countries, terminated employees are entitled by law …
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Unseen Epidemic: Corporate Executives on the Chopping Block Because of Age
A shocking, but all too familiar, pattern has emerged in corporate America as businesses have responded to the Covid-19 pandemic. Like never before, 50+ year olds in executive positions are being ousted from their jobs. Another spike in an epidemic decades long. So what’s going on? It appears that the time has come for a …
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What’s Up With WhatsApp? Wall Street Firms Pay $1.1 Billion For Using WhatsApp In Violation SEC and CFTC Regulations
This past September the Securities and Exchange Commission announced charges against 15 broker-dealers and one affiliated investment adviser for widespread and long-term failures by the firms and their employees to maintain and preserve electronic communications. The firms and their employees used a messaging application on their cell phones called WhatsApp. WhatsApp has become a popular …

Laid Off During a Pregnancy Leave? Negotiate a Win
A headline story in the New York Times recently read “When Having a Baby and Losing Your Job Collide.” The article discussed the recent phenomenon of large corporations, predominantly but not exclusively in the tech and media industries, offering lavish benefits and perks to attract quality workers in a tight labor market. Escalating competition for …
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After Harassment, Discrimination, Retaliation or Wrongful Termination, All Roads Don’t Lead to the Courthouse
You’ve likely heard some variation of the adage, “If the only tool you have is a hammer, everything looks like a nail.” When we meet people who’ve experienced workplace harassment, discrimination, retaliation, or wrongful termination, many of them arrive believing the only tool that can obtain justice is the hammer of litigation. Many more victims …

What You Should Know About Drug Testing and Medical Cannabis Issues in the Workplace
A majority of states, 38 to date plus four United States territories, have enacted statutes legalizing the consumption of cannabis to treat specified medical conditions. Some of these jurisdictions provide legal protections in the workplace for medical cannabis/marijuana users. Minnesota is one. That is, individuals in Minnesota with a qualifying medical condition (which includes chronic …

After Harassment, Discrimination or Wrongful Termination, You Deserve Justice. But What Does Justice Mean to You?
What once seemed like your dream job has turned into a nightmare. Maybe you endured harassment that your employer failed to address or stop. Perhaps you were denied opportunities, mistreated, or terminated because of your race, age, religion, disability, or other legally protected status. Maybe you observed illegal conduct in your organization. Or you may …

Gender Bias in Executive Severance Negotiations
A new study from researchers at the University of New Hampshire and the University of Nebraska has determined that men in executive leadership positions receive over $500,000 more in severance compensation than women. The study, recently published in the Journal of Business and Psychology, examines severance packages at the executive level through a series of …
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