November

More than ever, employers struggle with employee classification issues: are workers employees or independent contractors?  And now, the State of Minnesota and the IRS have started a new initiative to more aggressively audit employers about employee classification, so an improper classification can have significant consequences in the form of increased taxes, penalties and fees. Employers often mistakenly believe that the label they attach to a worker is controlling, but the […]

Recently, a Minnesota District Court upheld attorney Greg Wiley’s argument that a Last Chance Agreement precluded a union employee from seeking arbitration to challenge his termination from employment. Employers use Last Change Agreements (“LCAs”) to allow employees that have made mistakes or have had performance issues a second chance, and the agreements provide that the employees may stay employed so long as certain conditions are met.  I feel that Last […]

Clients often shy away from bringing defamation claims because damages can be difficult to prove, and the burden of a trial might actually exacerbate the harm caused by defamatory remarks.  But preserving your business’s reputation may be extremely important, and, in some cases absolutely essential. Clients should carefully evaluate whether bringing a defamation claim makes sense under the particular circumstances.  A recent Minnesota District Court case shows that, in the […]