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January 2014 Archives

Teacher's old, rehabilitated offense results in wrongful firing

Some employers use criminal background checks as a matter of course before hiring people, regardless of whether the nature of an applicant's criminal past had anything to do with the job they would be doing. As we've discussed before, however, the broad, blind use of criminal background checks may result in a disparate impact against minority applicants, because minorities are disproportionately likely to have criminal records, even when their behavior is no different from their white peers.

Take special care in estate planning for a blended family

It doesn’t take an expert to see that the landscape of the modern family is changing a lot these days. From second and third marriages to long term relationships that do not lead to marriage, to relationships that yield children but no long term commitment, there is no one way to create a family these days. As a result, there is no one way to create an appropriate estate plan that will account for everyone who you consider family. Estate planning is one of the areas of life where we have to take a step back and carefully consider the best way to care for our loved ones.

Power of attorney included in estate planning in Minnesota

An estate plan is essential for the proper distribution of assets according to someone's wishes. Estate planning can also help avoid a future family disaster down the road. Usually included in an estate plan are wills, trusts and a power of attorney. A power of attorney is one of the most crucial components for Minnesota grantors to have in a well-organized estate plan.

NFL cheerleader files proposed class action over wages, overtime

An Oakland Raiders cheerleader just filed a proposed class-action lawsuit on behalf of 40 current and former Raiderettes. She claims the Raiderettes’ contract violates both state and federal wage and hour laws -- and cheerleaders’ contracts with other NFL teams probably do, as well. She invites other dancers with similar problems to join. Twenty-six of the NFL’s 32 teams, including the Minnesota Vikings, have cheerleaders.

Bill would automatically suspend nurses who fail addiction program

As we've discussed on this blog before, the Star Tribune has published a series of articles over the past few months that have been highly critical of the Minnesota Board of Nursing's disciplinary process. The investigation revealed a number of nurses still providing direct patient care despite having potentially-disqualifying misdemeanor convictions, and others who continued practicing despite having failed drug or mental illness monitoring. The governor even accused the Nursing Board of being "asleep at the switch."

Allegations of undue influence surface in will dispute

A former attorney for deceased actress Julie Harris is arguing in court that her most recent will should be invalidated. He says that after he was fired by Harris, her mental capacity was not sound and that she was not competent to execute a new will with her new lawyer and that the new lawyer exercised undue influence on the actress to become the executor of her estate so that he could collect fees for that service.

Can Chris Kluwe sue the Vikings for wrongful termination?

Minnesotans and sports fans around the country have by now likely become familiar with the dispute between former Vikings punter Chris Kluwe and leadership for the NFL team. Mr. Kluwe gained national recognition outside of the sports world for his activism on the issue of gay marriage and marriage equality, which began when he defended the actions of another player on a different team who was being targeted for their own support of the issue.

Hospice centers accused of possible fraud

Hospice care is something that a lot of Minnesota families do not like to think about but at some point or another many will rely on hospice services to care for a loved one. When one does choose a hospice facility, families generally look for the best in the area and try to do their utmost to make sure their loved one is receiving appropriate care for their end-of-life needs.

Estate planning can benefit Minnesota parents and children

Not everyone thinks about planning for their future. For some, estate planning may never even enter their mind. However, a recent article in which a couple owns a farm and are trying to decide the best way to plan ahead may be of some assistance to Minnesota residents not quite sure which direction to turn.

Employers' pre-hire social media screening becoming less popular

When social media networks such as Facebook and Twitter first exploded onto the scene, a lot of people didn't think about them in terms of how they might affect a job search. Some employers, however, seemed avid to find out what embarrassing photos and late-night rants prospective employees might have posted online.

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