Minneapolis Wrongful Termination Law Blog

Our readers who are familiar with previous our posts know that age discrimination, sexual harassment, disability discrimination and racial discrimination are problems that employers and employees alike must confront in the workplace, sometimes with disturbing regularity. Many employers do their best to instill a workplace atmosphere that is free from these serious problems, but there are some that fail in their efforts. For employees who experience any type of discrimination or harassment at work, sometimes, the only option is to fight that conduct through legal means.

When it comes to fighting discrimination and harassment in the workplace, Minnesota residents will need to know the law that applies to their own unique situation. For instance, an employee who is facing disability discrimination may rely on a different set of state or federal laws than, say, an employee who has been discriminated against due to age or race. Knowing the laws that protect employees and what options those laws allow is crucial to vindicate one's rights.

Many employees in Minnesota have relationships with their employers that are governed by employment contracts. Like many other types of contracts that our readers might be familiar with, employment contracts can be several pages long, covering a vast range of terms, from compensation, holiday time and insurance options. But, there is one potential clause in employment contracts that can sometimes be overlooked, but may become crucial: a mandatory arbitration clause.

Does your employment contract have a mandatory arbitration clause? If so, by entering into the agreement you may have limited your ability to pursue civil court options if an employment dispute arises during your term of employment. However, every employment contract is different, so anyone with an arbitration clause in their contract should seek individual legal advice about their options.

After years of a poor job market, in Minnesota and throughout the country, most people are probably just happy to have a job in today's roaring economy. However, as important as it is for our readers to be happy to have a job, it is equally important to understand one's employment status when it comes to the protections of the Fair Labor Standards Act (FLSA).

Under the FLSA, employees, in both public and private enterprises, are usually considered to be either "exempt" or "non-exempt" employees. The difference between these two designations is significant. So, is one an "exempt" employee or a "non-exempt" employee under the FLSA?

Most people in Minnesota are familiar with lawsuits that are based on allegations of race or gender discrimination in the workplace, but some are less familiar with the fact that discrimination based on a person's age can be illegal as well. So, what is age discrimination and how does it violate the law?

Well, for starters, the Equal Employment Opportunity Commission describes age discrimination as an act in which an employer discriminates against a current or potential employee based solely on that person's age. For instance, the employer may illegally make hiring or firing decisions based on the person's age, or make decisions about which employees to promote based solely on a person's age. The idea is that the employer might select a younger employee over an older employee, for any number of subtle perceptions about the older employee's capabilities or future with the employer.