John A. Klassen, P.A.Minneapolis Employment Law Attorney | Whistleblower Lawyer St. Paul2024-02-14T15:33:59Zhttps://www.jaklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201857/2020/02/cropped-Klassen-Favicon-32x32.jpgOn Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=499922024-02-14T15:33:59Z2024-02-14T15:33:59ZDiscrimination based on FMLA leave
Discrimination related to FMLA leave can occur when employers treat employees differently or less favorably because they have requested or taken FMLA leave. This can include demotions, denial of advancement opportunities or exclusion from training and development activities. Discrimination might not always be obvious. It can manifest through subtle actions, such as assigning less desirable tasks or systematically excluding employees from important meetings or communications, impacting their career progression and work environment.
Retaliation after taking FMLA leave
Retaliation is another serious concern if employers take adverse actions against employees for exercising their FMLA rights. Examples of retaliation include termination, disciplinary actions or creating a hostile work environment to discourage employees from taking FMLA leave. Retaliation affects the individual involved and can create a culture of fear, discouraging others from exercising their rights under the FMLA. It is illegal and goes against the fundamental protections provided by the FMLA, yet it remains a challenge for many employees to navigate their rights to family and medical leave.
Employees must be able to count on FMLA to take time off when a covered situation occurs. If they face discrimination or retaliation, they may take legal action. These cases can become complex, so having a legal representative to assist can be beneficial.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=499912023-11-10T12:25:48Z2023-11-10T12:25:48Zrules against age discrimination.
Older workers have more experience to offer, and companies should not penalize them for aging. Sadly, workers over the age of 40 sometimes experience direct discrimination or have to endure a hostile work environment where coworkers and managers treat them poorly. Although many people try to ignore or live with age discrimination, it can do real harm to someone's psyche and their professional aspirations.
Age discrimination may result in career limitations
Age discrimination often manifests in the same way that the so-called glass ceiling does. Older workers will find that they can only advance to a certain point within the company. Despite having years of experience and doing the best work that they can, they may find that their employers consistently deny them the best sales leads, the best hours on the schedule or advancement opportunities.
Companies may terminate older workers
Age discrimination can also manifest in wrongful termination. Businesses may target one individual and end their employment, possibly while hiding behind at-will employment laws as a means of avoiding responsibility. Occasionally, age discrimination will manifest during a downsizing or layoff conducted by the company. The older workers may find themselves disproportionately represented among those let go or laid off when a company makes major changes to its staff.
Older workers may feel uncomfortable on the job
Sometimes, age discrimination involves a company turning a blind eye to harassment of older workers by younger staff members or management. Inappropriate jokes and disparaging comments, as well as attempts to exclude them from work socialization, can make older workers feel uncomfortable at their job and can ultimately negatively impact both their advancement opportunities and their job performance. In some cases, a hostile work environment can prove damaging to an older worker's mental health.
Keeping a record of management misconduct and co-workers may help those who are enduring age discrimination on the job fight back and either demand appropriate responses from within the company or pursue a lawsuit against the business.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=499902023-08-11T07:22:35Z2023-08-11T07:22:35ZThe False Claims Act (FCA) was enacted during the Civil War in 1863 to target rampant fraud against the federal government. Over time, its scope expanded to encompass a wide array of industries, including the healthcare sector.
Under this act, individuals or entities found guilty of knowingly submitting false or fraudulent claims for payment to the government face substantial penalties. This provision has been instrumental in deterring fraudulent practices and maintaining the integrity of financial transactions with the government.
The heroic role of healthcare whistleblowers
Healthcare whistleblowers are akin to modern-day heroes, boldly stepping forward to reveal fraudulent activities that compromise patient care and the proper allocation of public funds. These individuals often possess insider knowledge of deceitful practices, ranging from overbilling for medical services to providing substandard care.
The False Claims Act acknowledges the importance of their contributions and provides avenues for them to file lawsuits on the government’s behalf—known as qui tam lawsuits. These lawsuits help protect whistleblowers from potential repercussions and incentivize them by allowing them to share in the financial recovery resulting from successful legal actions.
The shield against retaliation
One of the most crucial aspects of the False Claims Act is its comprehensive protection against retaliation. Healthcare whistleblowers often hesitate to come forward for fear of losing their jobs or facing other adverse consequences. Thankfully, the FCA serves as a shield against such retaliation, empowering whistleblowers to voice their concerns without fearing retribution. If a whistleblower faces adverse actions due to their disclosure, they can seek remedies under the Act, including reinstatement, back pay and compensation for emotional distress.
As the healthcare landscape continues to evolve, the role of the False Claims Act remains critical. Its role in helping safeguard whistleblowers, promoting ethical conduct and deterring fraudulent activities cannot be overstated.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=498012023-05-19T18:59:58Z2023-05-19T18:59:58Ztake unpaid leave when a worker has typically at least a year of employment history with a company and the organization is of sufficient size to absorb the cost of their unpaid leave. There are typically three times when workers can request unpaid leave lasting up to 12 weeks to handle family or medical situations. These common scenarios typically qualify an eligible worker for leave under the FMLA.
A worker's injury or illness
An individual's need for medical treatment is one of the most common reasons that someone will apply for FMLA leave. In theory, any condition that requires a leave of absence either for treatment or recuperation could qualify a worker for an unpaid leave of absence. Documentation of the condition and of the doctor's recommendation for rest or invasive treatment will typically be necessary for a worker to get unpaid leave for their own medical care.
A birth, adoption or foster placement
Adding a new member to the family will mean major changes for parents and the existing children in the household. Therefore, the FMLA provides up to 12 weeks of unpaid leave for new parents to adjust after the birth of a child or to help their family adjust after the adoption or foster placement of a child into the household.
A family member in need of support
The FMLA also allows people to take leave when someone in their immediate family requires medical care. Spouses, children and parents who have severe illnesses or injuries and require hands-on support in the home could justify someone applying for leave under the FMLA. If the injured family member was an active-duty servicemember, the possible leave period could reach up to 26 weeks in some cases.
Both workers and employers have an interest in making sense of these rules. Seeking legal guidance to learn more about the FMLA can help employees determine when they have a right to take leave and employers decide how to respond to such requests appropriately.
]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=497982023-02-28T09:24:41Z2023-02-28T09:24:41Zextend and expand certain protections provided by the Pregnancy Discrimination Act and the Americans with Disability Act (ADA) to the benefit of these members of the American workforce.
The Pregnant Workers Fairness Act
The PWFA requires businesses with at least 15 employees to provide reasonable accommodations for employees who are pregnant. “Reasonable accommodations” (as they do within the context of the ADA) consist of adjustments that can be made to a worker’s employment situation without causing “undue hardship” for the employer or other employees.
Essentially, this means that pregnancy is to be handled the way any short-term disability would be. This typically includes reassignment of tasks that require heavy lifting or hours of standing and allowing a pregnant employee to take more restroom breaks.
The Providing Urgent Maternal Protections (PUMP) Act for Nursing Mothers
This law extends the provisions for nursing employees under the Fair Labor Standards Act (FLSA) to those who are exempt from overtime. Under the law, nursing employees must receive paid break time and privacy to pump breast milk in someplace other than a restroom (even a private one) that is clean enough for this use.
Nursing employees must be allowed to pump for at least a year after they’ve given birth. Employers with fewer than 50 workers can get out of this requirement if they can show that it would cause an undue hardship to the business.
This is just a brief overview of the changes intended to give pregnant and nursing employees the accommodations they need to be able to continue working throughout their pregnancy and after they give birth. If your employer is refusing to abide by the law or if you’ve faced retaliation for speaking up about your rights, it may help to seek legal guidance.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=497902022-11-14T22:36:59Z2022-11-14T22:36:59ZFair Labor Standards Act (FLSA), every employee is guaranteed the same basic rights, such as the right to minimum wage and Occupational Safety and Health (OSH) regulated workplace hazards.
While this isn’t new news to you, you may have been working long enough to see employment laws change a few dozen times – everyday laws are being updated and amended. This can make knowing your employee rights a bit difficult to remember. Here’s what employee rights you may have forgotten or overlooked:
Harassment and discrimination protection
Discrimination is a big issue that many people have fought over for years. While some people may get away with an occasional slur or comment, even though they shouldn’t, employees have protective rights against such notions. The following are protected from discrimination:
Race, religion, national origin or citizenship status
Age (40 years of age or older)
Gender identity or sexual orientation
Disabilities or pregnancy
Political beliefs
Criminal background
Discrimination can easily lead to harassment. Victims may constantly fear for their lives or find their work disrupted because of someone else’s actions or beliefs.
Whistleblower protection rights
While many businesses and companies keep public and employee safety in mind and follow the laws, others don’t. When this happens, employees may blow the whistle on unlawful actions.
However, while many employees fear they’ll be retaliated for their actions, they do have protective rights for whistleblowing. What this means is that employees have the right to retain their employment and pay, while not facing harassment, firing or demotion.
Rights to fair pay
Not only do employees have the right to minimum wage, as stated above, but they also have several other fair pay rights. In other words, employees have a right to be paid for their work and not become victims of wage theft. For example, people lose their pay when employers take advantage of overtime pay, which should pay employees one-half their regular salary.
If you believe your employee rights are being taken advantage of, then you may need to reach out for legal help.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=497412022-08-17T20:32:00Z2022-08-17T20:32:00ZThe company may retaliate against you
There are very clear federal laws protecting those who report illegal activity, discrimination or harassment. Unfortunately, many companies will happily violate those rules to protect their profit margins.
Your employer might fire you right away or start building a case against you by writing you up for minor behavioral issues or becoming more critical during performance reviews. You could also face more subtle forms of retaliation, such as a transfer to a new department or changes to your schedule. Retaliation can directly punish you while also deterring other people from speaking up as you did in the future.
They can cover up the misconduct
Whether they get the victims of a manager's misconduct to sign questionable nondisclosure agreements or they alter scheduling and financial records, your employer could use your report not as an opportunity to address the issue but rather to prevent others from uncovering the same issue later.
It is crucial that those alleging discrimination or illegal activity create their own, independent records so that they can validate their claims even if the company tries to hide the evidence. Some workers may find that involving a lawyer when making an internal report will reduce their chances of facing these kinds of misconduct. Others may decide after discussing the situation with a lawyer to involve regulatory agencies before or at the same time as they report the issue internally.
Learning more about whistleblower protections and other employment laws can help you do the right thing when you suspect illegal behavior at work.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=497072022-05-23T18:20:17Z2022-05-23T18:20:17Zquid pro quo sexual harassment.
Quid pro quo is a Latin phrase that means something for something. It implies an exchange, which may be a violation of a worker's rights and human dignity. Identifying common forms of quid pro quo harassment by familiarizing yourself with the three common examples provided below can help you fight back.
They offer rewards for favors or dates
Your supervisor calls you into their office to tell you that they need someone to come with them to an industry event as their date. They offer not just a paid trip on the company dime but also to cover the cost of an outfit and a professional haircut.
While that offer may seem kind on the surface, you can't help but notice that there is an implied asterisk to the offer that they will treat you as an actual date and not a co-worker at the event or afterward. A supervisor, manager or customer offering some kind of career or financial reward for your time or a sexual favor is a textbook example of quid pro quo harassment.
They threaten to punish you for declining their advances
Your supervisor asks you out for dinner at the end of a long shift, and you demur politely. Perhaps you say that you want to adhere to company policy by not dating anyone from work.
Despite your attempt at civility, they become quite hostile afterward. They may even threaten to cut your hours or stop giving you good sales leads because you just rejected them. Those threats can also be a form of quid pro quo harassment.
They attach unwritten requirements to promotions and raises
Some companies will keep workers from advancing unless they have the support of existing managers and executives. The people holding those positions might try to use them for personal benefit.
While they have no interest in an actual relationship with you, they have an expectation that you will gratify them in some way if you want a raise, promotion or a recommendation. All too often, people who want to succeed in their careers may feel like they have few options when facing quid pro quo harassment.
Even if you have acquiesced and previously benefited from their misconduct, you have the right to say no and to take action against the people abusing their power or a company that ignores such abuses. Identifying different forms of sexual harassment can help you document what you experienced at work and hold a company accountable.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=495702022-02-23T20:11:37Z2022-02-23T20:11:37ZThey don't accommodate breastfeeding
Under both Federal law and Minnesota state law, lactating or breastfeeding women have specific rights when they come back to work. Your employer should provide you with a private, clean space other than a bathroom where you can nurse your child or pump milk. They should allow you to take as many breaks as necessary to remain comfortable and ensure a consistent supply of milk for the child.
They cut a woman's pay, hours or position when she returns
Taking unpaid leave should not negatively impact your position at the company. Your employer should allow you to return to the same job or a comparable one. However, many employers resent workers taking time off for even legally permissible medical reasons. They may retaliate by cutting someone's hours, reducing their pay or otherwise giving them less compensation or worse work.
They find an excuse to let her go
The sad truth is that many companies will choose not to accommodate a new mother at all. They might assume that her family responsibilities will always come before her job, or they may worry about what her health care costs will mean for the overall costs for health insurance for the company.
An employer may refuse accommodations that you need to get back to work or just find little excuses to write you up so that they can fire you. If your employer is not accommodating and accepting of your pregnancy or motherhood but rather hostile about it, you may face discrimination and retaliation if you try to assert your rights.
Fighting back against the mistreatment of new mothers can help a woman protect her own career and fight sexism in the workplace.]]>On Behalf of John A. Klassen, P.A.https://www.jaklaw.com/?p=490622021-11-18T20:36:47Z2021-11-18T20:36:47ZEqual Pay Act is in place to help prevent this kind of discrepancy from occurring. According to the Equal Pay Act of 1963, employers are required to offer the same pay to both men and women for the same work as long as all other factors are equal.
What do you need to prove to make an Equal Pay Act claim?
To make a claim that you are being paid unfairly at work, you will need to show that you are being paid less than a male colleague doing the same job as you. You will also need to show that the jobs require substantially equal responsibility, skill, effort and working conditions. This means that factors like your overall experience and education, the effort needed to complete the work and the training required will all need to be as equal as possible to make your claim.
Interestingly, equal work doesn’t have to mean doing an identical job. If two jobs are highly similar or have a lot of overlapping responsibilities, then those may be similar enough to help you substantiate a claim for unequal pay.
How do you start a claim if you feel you’re not being paid fairly?
If you believe that you’re being treated unfairly and paid less than other colleagues because of being a woman, you can make a complaint with the Equal Employment Opportunity Commission. You should do this within 45 days of the discriminatory act (or within 45 days of finding out about the issue).
It’s important that men and women are both treated fairly in workplaces across the country. If you are not being offered a fair wage despite being better educated or in the same position as another worker, then you should stand up for yourself and look into your options.]]>