Minnesota Client Alert
Legal News for Minnesota Employers
March 2017

Wessels Sherman's 2017 Employer Empowerment Seminar is just one month away!
See below to reserve your seats for this Special Occasion
on Friday, April 28th at Mall of America!

James B. Sherman

Minnesota Supreme Court holds that Employee Discharged for Lying on her Job Application was Ineligible for Unemployment Benefits due to "Misconduct"

In Minnesota, as in most every state, terminated employees are not eligible for unemployment benefits if they are dismissed for misconduct. In 2003, the legislature amended the statute to define "employment misconduct" as "any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee, or (2) that demonstrates a substantial lack of concern for the employment." However, despite this effort to more clearly define employee misconduct for purposes of unemployment compensation, there remains plenty of room for disagreement, depending upon the facts in each particular case. This dilemma was recently born out in Wilson v. Mortgage Resource Center, Inc.. The Minnesota Supreme Court overturned an earlier decision of the Court of Appeals that had found an employee's misrepresentations about her education on her job application, did not constitute "employment misconduct." In disagreeing with the Court of Appeals, the Minnesota Supreme Court in effect recognized that employers have the right to reasonably expect the truth from job applicants. Still, the outcome of this case was determined by the particular facts of the case and therefore employers can learn from (and take advantage of) its lessons.
Questions? Contact James Sherman at (952) 746-1700 or by email at jasherman@wesselssherman.com  

Immigration Enforcement Applies to All Employers, Even Those Without Foreign Workers

President Trump continues to make immigration enforcement a central pillar of his agenda. Just last month, DHS Secretary John Kelly called for 10,000 more immigration officers to implement President Trump's executive orders on immigration. While enforcement policies certainly affect immigrants, they also impact employers, even those who do not employ any foreign workers.

Two key tools for the government's immigration enforcement strategy - Form I-9 and Worksite Raids - are intimately related with the workplace. Used in tandem, these mechanisms could result in an employer's loss of a large segment of the workforce, crippling fines, and damage to public reputation. Employers must take precautionary action to ensure compliance with enforcement mechanisms and avoid corporate liability.
Questions? Contact Allison Wells at (952) 746-1700 or by email at alwells@wesselssherman.com

Managing Change Under A New Administration: 2017 Employer Empowerment Seminar

Friday, April 28, 2017, 7:15 a.m. - 5:00 p.m.
Radisson Blu Mall of America, Bloomington MN 
 
Topics include:
  • Latest Workplace Developments, Trends and Issues Facing Employers in 2017.
  • The State of Labor Unions Today and How It Impacts Employers.
  • Assessing the Department of Labor's Influence Over Wage and Hour Law.
  • Pregnancy and Accommodations: How Employers Can Keep Up With Increasing Legal Requirements.
  • How to Talk About Independent Contractors on Your Company's Website: A Potential Disaster Area.
  • How "Repealing and Replacing" the Affordable Care Act Will Impact Employers in 2017 and Beyond. 
  • Special Guest Speaker: Nicholas Rogers - President of Minnesota United FC: Achieving Business Goals in Regulation Time.
  • The NLRB Under Trump: Continued Activism or Favorable to Business?
  •  Intermittent Leave Under the FMLA: Solutions, Suggestions and Sympathy.
  •  Dealing With Depression and Anxiety in the Workplace.
  • Employee Handbooks: Tips for Employers.
  • Best Practices for Hiring/Disciplining/Firing.
  • Promising Practices for Managing a Diverse Workforce to Avoid Legal Pitfalls.  
  • Five Key Legal Areas Multi-State Employers Must Know About Minnesota, Illinois, Iowa, and Wisconsin.

 
 Reserve your place  today!
HRCI, SHRM, CPE and CLE Credits 
  • Approved for 7 Hours of HRCI (General) Credit
  • Valid for 7 PDCs for the SHRM-CPSM or SHRM-SCPSMSHRM
  • 8.25 CPE credits
  • CLE Approved
    • 6.75 Iowa
    • 6.75 Illinois
    • 6.5 Minnesota
    • 7.0 Wisconsin
Registration fee includes useful handouts and doorprizes! 

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Consult with experienced labor & employment lawyers whenever you need advice, without worrying about legal fees!
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For more information about Wessels Sherman's unique Phone Consultation Program, check our web page by clicking on the below link; or contact Jeff Kier at (952) 746-1700, or email him  here.


Did You Know?
Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Wisconsin, Illinois and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.

 

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WS Minnesota Client Alert is a complimentary newsletter published for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.
  
Editor-in-Chief: 
James B. Sherman, Esq.