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August 2016 Archives

Case looks at issue of protected conduct under MN Human Rights Act

We have previously spoken on this blog about the topic of workplace retaliation. As we’ve noted, employees are protected from retaliation by two important statutes at the state level, one of which is the Minnesota Human Rights Act. The law prohibits employers from taking adverse action against employees who engage in protected activities.

Looking at exceptions to the at-will employment rule, P.3

In addition to the statutory protections we have mentioned in previous posts, there are also common-law or court-created exceptions to the at-will employment rule. For example, states may recognize certain exceptions to the rule based in public policy, such as termination based on refusal to commit a prohibited act, engaging in acts that are in the public interest, exercising statutory rights or reporting a violation.

Looking at exceptions to the at-will employment rule, P.2

Previously, we began looking at the topic of at-will employment, noting both the general rule and the fact that there are important exceptions to the rule, including contractual protections and illegal discrimination statutes. Protection against employer retaliation is another important exception.

Responding to age discrimination in the workplace: work with experienced advocate

Last time, we began looking at the issue of age discrimination, which is an obstacle in the workplace for an increasing number of Americans as the baby boomer generation ages without leaving the workplace. Again, federal law prohibits discrimination against workers 40 years of age and older in both hiring and employment, and although employers are not prohibited from inquiring about age in hiring, such inquiries can sometimes indicate discriminatory intent.

Aging boomer population is increasingly at risk for age discrimination

One of the protected classes identified in federal anti-discrimination laws, alongside race, sex and religion, is age. Younger workers may not be as aware of age discrimination as a problem in the workplace, but many older workers can tell stories about their experiences. A recent article in The Washington Post highlights the issue.

Looking at exceptions to the at-will employment rule

When an individual is terminated from his or her position on upsetting terms, there is a tendency to feel that there must be some sort of legal recourse to punish the employer. In some cases, there surely is, but in many cases, there is not. Knowing how to determine when there may be recourse is important.

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