More than half a year has passed since COVID 19 came to America and changed so much about our lives, and courts already have seen hundreds if not thousands of cases related to the disease. To date, however, while legislation has addressed things like paycheck protection, enhanced unemployment benefits, and COVID-related time off, courts have issued only a few rulings on some of the most important employment law issues raised by the disease. … [Read more...]
What Protection is There for Employees Reluctant to Return to Work During the Pandemic?
COVID 19 is still very much with us, but like the rest of the country, Minnesota has decided the risk has subsided enough for the economy to pretty much reopen. Many employees will happily, albeit cautiously, go back to work. Some people, however, may want to stay away, and they worry whether they’ll lose their jobs if they do, and whether they can still receive unemployment insurance benefits. Federal Emergency Legislation Provides Limited … [Read more...]
Opinion Piece: One Lawyer’s View about Employment in a Post-COVID World
If COVID is not quite a crisis that tries men’s souls, it’s certainly trying the patience of all of us. And, as many have noted, it’s laying bare essential questions about the employee-employer relationship. Most starkly, it has highlighted the consequences of the gig economy, where workers are often independent contractors with no unemployment benefits for financial security, and no medical benefits for health security. Many regular employees … [Read more...]
Minnesota Supreme Court Corrects a 30-Year Old Mistake
A few weeks ago Keith Daniel, a Minneapolis firefighter who’d injured his ankle on the job, received a $500,000 jury verdict against the Fire Department. Because of the injury, he needed to wear special tennis shoes most of the time to avoid painful swelling of his feet, but he could wear regular boots or other required footwear when on a rescue or fire-fighting run. The Fire Department, however, insisted that he wear regulation footwear all … [Read more...]
What Happens When Disputes Arise About Physician Contracts
Like physician contracts in every other state, Minnesota physician contracts don’t typically lead to litigated disputes. That’s due in large part to how loosely both the doctor and the employer are bound in most contracts on critical points like resignation or severance. Contracts generally allow the employer to terminate the relationship on notice of a month or two, even without giving or having any reason, and there’s usually a reciprocal … [Read more...]
