Noncompete agreements continue to disadvantage employees and create massive obstacles for employee mobility. The uncertainty they create is often the biggest problem. What does my noncompete actually preclude me from doing? Can I be fired for not signing it? Is it legal? Is it even enforceable? We hear these questions from clients all the time. And, regardless of the right answers to them, if the employer attempts to enforce the noncompete, the … [Read more...]
Identifying Sexual Harassment in the Workplace
State and federal laws prohibit sexual harassment in the workplace, and what qualifies as sexual harassment is broad. According to the EEOC, sexual harassment includes “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Non-verbal conduct can qualify as well. The harassment doesn’t have to come from the victim’s supervisor; it can come from management and non-management … [Read more...]
Whistleblower Protection for Minnesota Healthcare Workers
Like other Minnesota employees, healthcare workers are protected from retaliation for reporting violations of law to their employer or to governmental authorities, participating in a government investigation or hearing, or refusing an employer’s directive to perform an illegal act. That said, these anti-retaliation provisions have special applications to healthcare workers, with laws like the Minnesota Whistleblower Act providing healthcare … [Read more...]
Top 5 Employment Law Issues Facing Physicians During the Pandemic
COVID-19 has created new legal issues for physicians in Minnesota, while some other typical issues they face have continued or been exacerbated. Below, I address five of the most common legal issues for physicians today. Salary reductions due to COVID-19 Since the pandemic began, numerous physicians in Minnesota have been subjected to pay and hour reductions. While these cuts ostensibly stem from the economic impact of the pandemic, employers’ … [Read more...]
Employees are Protected from Sexual Harassment – Even When Working from Home
As Minnesotans continue to work from home, it is important to remember that employees are still protected by the same sexual harassment laws regardless of where they perform their work. Whether an employee works in an office or at home, travels for business, or engages with others from work socially outside of the office, most of the same sexual harassment protections apply. In other words, just because an employee is away from the office does … [Read more...]
