Employment Law in Minnesota

Lawyers.com^sm

Pre-employment/Promotion

Hiring

Under federal law, an employer doesn't have to hire, or promote, the most qualified applicant. But the employer cannot base decisions on personal characteristics that are not job-related. These characteristics often include:

• Age
• Race
• Sex
• Religion
• National origin
• Disability

An interviewer isn't allowed to ask questions relating to these characteristics. Interview questions that aren't allowed include:

• Are you married? Are you planning to get married?
• Do you have children? Are you planning to have children?
• Where were you born?
• What's your sexual orientation?
• Have you ever been arrested?

An interviewer can, however, ask about a personal characteristic if it could hinder your ability to fulfill the job's requirements. Some examples might be:

• Have you ever been convicted of a crime?
• Can you prove that you are eligible to work in the US?
• Can you do this job with, or without, reasonable accommodations?

References

A previous employer is free to provide any non-confidential information about a previous employee, as long as it's true and isn't provided to maliciously harm the employee. An employer, who provides false information that disparages the employee, may be liable for defamation. In order to avoid potential liability, many employers often refuse to comment on a past employee's job performance and confirm only dates of hire and separation, plus wage or salary information.

Employment

At Will

In the majority of states, employees not working under an employment contract are deemed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Typically such reasons fall into one of two large categories: illegal discrimination or illegal termination in violation of a public policy. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

In Minnesota, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in Minnesota, the mere fact that an employment contract is in writing is not sufficient to overcome the presumption that the employment is at-will. To overcome this presumption, an employment contract must directly limit, in a meaningful and special way, the employer's right to terminate the employee without cause. In other words, the employer has to unequivocally indicate that it will not terminate the employee except under specific circumstances.

Employee Handbooks

While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. An employee handbook also provides more convenient access by employees and managers.

At a minimum, an employee handbook should include:

• A statement regarding the at-will employment relationship
• An equal employment opportunity statement
• A policy regarding sexual and other types of harassment in the workplace
• Internet access, e-mail, and voice mail policies
• The Family Medical Leave Act

The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

Workplace Safety

Federal and state laws require that most employers furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. In most instances, an employee may anonymously complain about an unsafe work environment and be protected against employer reprisals.

Under the Minnesota Occupational Safety and Health Act of 1973 (the Act), Minnesota OSHA (MNOSHA) is authorized to conduct workplace inspections to determine whether employers are complying with standards and providing a safe and healthful workplace. Workplace inspections in Minnesota are performed by occupational safety and health investigators (OSHIs) who are knowledgeable and experienced in the occupational safety and health field.

Workplace Injury

Minnesota workers' compensation laws are designed to compensate employees, who have been injured or killed in work related accidents, according to a fixed monetary scheme, without having to resort to litigation. Dependents of a fatally injured employee may also be entitled to benefits. Employers may be protected by limits placed on the amount of an employee's recovery.

The Minnesota Workers' Compensation Law states that all employers are required to purchase workers' compensation insurance or become self-insured. This is often referred to as "mandatory coverage." Workers' compensation is a "no-fault" system. Employees need not prove that the employer's negligence caused an injury because fault does not make a difference.

To be compensable under workers' compensation, the injury need only arise "out of and in the course of employment." There is no minimum number of employees an employer must have before insurance is required; therefore, an employer with only one part-time employee generally must provide coverage. Several penalties may be assessed against employers who fail to properly insure their employees.

The amount of compensation paid to an employee depends upon the classification of his or her disability:

• Temporary total disability (TTD) benefits are paid at a minimum weekly rate of $130 (or the actual weekly wage, whichever is less) and a maximum weekly rate of $750. TTD benefits may end for a variety of reasons. One of those is that 104 weeks of TTD benefits have been paid and you are not in an approved retraining program.
• Temporary partial disability (TPD) benefits are paid if your work injury results in a lower weekly wage than you earned at the time of injury. Payment is two-thirds of the difference between your average gross weekly wage at the time of the injury and your current gross weekly earnings. You cannot be paid more than 225 weeks of TPD benefits or receive such benefits after 450 weeks beyond the date of injury, whichever comes first.
• Permanent total disability (PTD) benefits may be provided if a work injury or illness prevented you from ever returning to a steady job and earning a living from work. The PTD benefit amount is two-thirds of the gross weekly wage you were earning at the time you were injured.
• Permanent partial disability (PPD) benefits compensate for permanent loss-of-use of a body part. These benefits are paid after temporary total disability ends, approximately at the same rate and intervals.
• Death/dependency benefits are paid to the spouse, children and/or other dependents of a worker who dies because of a work-related accident or occupational illness. Workers' compensation insurance also pays burial expenses up to $15,000.

Minnesota's workers' compensation system is premised on a trade-off between employees and employers. Employees promptly receive workers' compensation benefits for on-the-job injuries, and the limited workers' compensation benefits are the exclusive remedy against the employer, even when the employer was negligent.

Sexual Harassment

An employer may be liable to an employee for instances of "sexual harassment," which can include unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. The following conduct is generally considered sexual harassment:

• Direct sexual conduct - an employer makes sexual advances or statements
• "Quid pro quo" - job-related benefits are offered in exchange for sexual conduct
• Hostile work environment - an employer maintains an overly sexual work environment

Because the laws determining what conduct, or pattern of conduct, constitutes actionable sexual harassment are complex, a licensed attorney should be contacted to review individual circumstances.

Discrimination and Wrongful Termination

Employers are not allowed to terminate or discriminate against employees for the following reasons:

• Age
• Race
• Sex
• Religion
• National origin
• Disability
• Pregnancy

It's illegal for an employer to consider these characteristics with regard to:

• Promotions
• Job assignments
• Termination
• Wages

And it's illegal for an employer to terminate an employee:

• For refusing to break a law
• In retaliation for filing a discrimination or safety claim
• For taking leave under the Family and Medical Leave Act
• Without following its own stated procedure or policy
• For reasons not contained in the employment contract, if one exists

Family and Medical Leave

The Family Medical Leave Act (FMLA) provides 12 weeks of unpaid leave to qualifying employees who need time off from work to care for their own or an immediate family member's serious health condition. This allows for continued medical benefits and restoration of their original position upon return. An employee is eligible when they:

• Have worked for the same employer for the previous 12 months
• Have worked at least 1,250 hours in the previous 12 months
• Are employed by a "covered" employer, which is:
  • All federal, state, and local governments and agencies
  • Private employers with 50 or more employees for 20 weeks in the calendar year and engaged in interstate commerce

An injury or illness qualifies as a "serious health condition" if it either requires an overnight stay in a medical facility or constitutes "continuing treatment" by a health-care provider. Continuing treatment requires either the employee's incapacity for more than three calendar days and at least two subsequent treatments, or treatment by a health-care provider that results in continuing supervised treatment.

Post-employment

Unemployment Benefits

Unemployment benefits are based on combinations of federal and state statutes. Unemployment compensation programs are administered by the state and normally provide monetary compensation to workers who have been terminated without cause, through no fault of their own. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits.

Minnesota unemployment compensation replaces part of your income when you become unemployed due to no fault of your own. Some people who quit or who are fired are still entitled to Unemployment Compensation. For example, people who quit for good reason caused by the employer (i.e. they are being harassed, or employer unjustly cuts hours, wages and benefits) may be eligible for benefits. Also, fired employers are not necessarily prevented from obtaining benefits. You may qualify for up to 26 weeks of unemployment compensation if you meet all of the following:

• Have earned sufficient wage credits
• Are partially or totally unemployed through no fault of your own
• Are able to work
• Are available to employment; are actively seeking suitable employment

COBRA

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), which is a federal law, employees may be allowed to continue their health insurance benefits, at the employee's expense, for up to 18 months after either voluntary or involuntary termination, if the employer has 20 or more employees.

To qualify for COBRA continuation coverage, an employee must have a qualifying event that causes the employee to lose group health coverage. The following are qualifying events:

For employees
• Voluntary or involuntary termination of employment for reasons other than gross misconduct
• Reduction in numbers of hours worked
For spouses
• Loss of coverage by the employee because of one of the qualifying events listed above
• Covered employee becomes eligible for Medicare
• Divorce or legal separation of the covered employee
• Death of the covered employee
For dependent children
• Loss of coverage because of any of the qualifying events listed for spouses
• Loss of status as a dependent child under the plan rules

Related Web Links:

- Minnesota Department of Labor
- Employment Law for Employees message boards for more help