EMPLOYMENT LAW

The scope of legislation and court decisions affecting the workplace presents an ever-changing and difficult challenge for employers. An array of state and federal laws intrude on the workplace as never before, creating potential liabilities and pitfalls for the unwary. At the same time, unclear judicial decisions contribute to employers’ confusion about how far the traditional doctrine of employment at will extends. The Employment Law Group is dedicated to guiding employers through the complexities of these issues.

At Moss & Barnett, we believe strongly in the value of prevention. We counsel clients with advice and plans to avoid costly litigation. We offer timely and experienced answers to the difficult employment questions facing businesses every day through preventative services relating to:

  • Affirmative action plans
  • Alcohol and drug testing programs
  • Disability and reasonable accommodation issues
  • Discrimination and sexual harassment management
  • Employee handbooks
  • Employment agreements
  • Executive compensation programs
  • Family and medical leave
  • Non-competition and confidentiality agreements
  • Reductions in force
  • Separation agreements and releases
  • Terminations
  • Unemployment compensation guidance
  • Wage and hour compliance

When contested claims do develop, our trial counsel, experienced in litigating employment claims before state and federal courts and administrative agencies, aggressively represent our clients’ interests. Types of claims regularly litigated by our attorneys include:

  • Breach of duty of loyalty and fiduciary duty
  • Breach of employment contracts and quasi contracts
  • Breach of non-competition and confidentiality agreements
  • Defamation
  • Discrimination (including age, disability, race, national origin, sex and sexual harassment)
  • Employee theft
  • Infliction of emotional distress
  • Injunctions
  • Misappropriation of trade secrets
  • Retaliation
  • Tortious interference with contract
  • Wage and hour claims
  • Whistleblowing
Related Firm News and Articles
Sheila Engelmeier Participated at the Sixth Annual Early Childhood Educator's Conference on February 29, 2008
(February, 2008)
Employment Law Alert: New Laws in 2008
(February 2008 Newsletter)
Training to Create A Respectful Work Environment
(February, 2008)
EMPLOYMENT LAW ALERT: President Bush Signs Law that Expands FMLA Leave to Families of Servicemembers
(January, 2008)
Moss & Barnett Announces New Shareholders for 2008
(January, 2008)
EMPLOYMENT LAW ALERT - New Form I-9, Employment Eligibility Verification, Effective December 26, 2007
(December, 2007)
EMPLOYMENT LAW ALERT: Minnesota Supreme Court Enforces Vacation Policy
(November, 2007)
Harvesting the Wealth: Tips for Employers to Consider When Negotiating Executive Compensation Arrangements
(November, 2007)
News Flash - New Paperwork Requirement for New Hires
(November 2007)
Approaches to Handling Intermittent Leave
(July, 2007)
Planning Personal Legal Needs
(July 2007)
Sheila Engelmeier, Sue Fischer, Richard T. Franks and Kerry Trapp Join Moss & Barnett
(May-June, 2007)
The 10 Biggest Mistakes Made by Employment Lawyers On Both Sides of the Aisle or -- Viewed More Positively - 10 Must Do's for All Employment Lawyers
(May, 2007)
The Top Ten Don'ts for Employers Who Want to Avoid Litigation: A Practical, Common-Sense Guide to Staying Out of Court
(May, 2007)
Top Ten Tips for Employers and Employees Who Want to Avoid Litigation
(March, 2007)
Quick Tips for Legally Interviewing and Hiring the Right Candidate
(March, 2007)
Employers - Take Time to Review Your Vacation Policy
(February 2007)
2007 Dollar Limits for Qualified Retirement Plans
(October, 2006)
Preparing for an Avian Flu Pandemic
Firm Newsletter, June, 2006
The Apprentice: How to Legally Hire the Right Candidate
(September, 2006)
Discovery 101 : The Strategy and Practice of Information Gathering in the Employment Lawsuit
(May, 2006)
The Joker's Wild: Understanding, Preventing and Responding to Harassment
(March, 2006)
Terminating the "Disabled" Employee Who Is Not Performing Without Inviting Lawsuits
(December, 2005)
Avoiding the Squeeze plays and brushbacks: Discrimination and Harassment Training
(September, 2005)
Rules of Engagement Latest Employment Law Developments
(September, 2004)
New Overtime Regulations Issued
(August, 2004)
The Employer's Duty to Preserve and Disclose Electronic Evidence
(May, 2004)
Employer Alert / Military Leave
(March, 2003)
Do HIPAA Privacy Rules Apply To Your Business?
(February, 2003)
Prohibited Activity Under HIPAA
(February, 2003)
Required Activity For Health Plans Under HIPAA
(February, 2003)
What to Do When You Believe Your Employee May Be Committing Crimes or Other Very Bad Acts While Employed By You
(May, 2001)
The Deepening Divide: Minnesota and Federal Employment Laws
(April, 2001)
Is It Much Ado About Nothing? Reeves v. Sanderson Plumbing Products, Inc., and Its Impact in the Eighth Circuit
(2001)

Related

News Headlines


News

Benefits and Compensation

[05/15] Canadian Auto Workers union, GM agree on contract
[05/15] GM, UAW agree on deal that could end plant strike

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Employment Practices

[05/15] Canadian Auto Workers union, GM agree on contract
[05/15] GM, UAW agree on deal that could end plant strike

More...

Case Summaries

ERISA

[05/13] Chicago Truck Drivers v. El Paso CGP Co.
In a suit for collection of withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), a ruling finding that a proof of claim filed in 1999 in Chapter 7 bankruptcy constituted a statutory demand and cut off defendant's right to contest liability is affirmed where: 1) statutory notice and demand were not met when the plaintiffs filed the notice in Chapter 7 bankruptcy since it must be sent to the employer and Chapter 7 involves a trustee who is neither an agent of the debtor nor a fiduciary of the debtor; 2) notice to former members of the controlled group does not constitute constructive notice for the rest of the group; and 3) the notice did eventually get to the controlled group and they waived arbitration by not initiating the procedure and waiting until they were sued. However, the issue of damages is vacated and remanded where: 1) summary judgment granted to plaintiffs was not based on the motion presented by the plaintiffs; 2) plaintiffs were not given an opportunity to argue their case before summary judgment was granted on the issue of accelerated debt; 3) issues of liquidated damages depends on whether the debt was ever accelerated and when it acceleration occurred; and 4) payments by defendant should have applied first to accrued interest and then the principal.

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Workers' Comp

[04/29] Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

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4800 WELLS FARGO CENTER | 90 South Seventh Street | Minneapolis, MN 55402-4129
P: 612-877-5000 F: 612-877-5999 contact@moss-barnett.com