Tag Archive for: minnesota

What If I Fail a Drug or Alcohol Test at Work?

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Employer-administered drug and alcohol testing in Minnesota is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). If your employer or prospective employer requires you to take a drug or alcohol and you fail, you have certain legal rights.

If you test positive, you must be given written notice of your results and your rights under DATWA.[1] Your employer may require you to provide information on medication you take or other information relevant to an explanation of the positive test result.[2] Your employer must cover the cost of the initial test and a confirmatory test. The employee may request a confirmatory retest at their own expense. You have the legal right to submit information that explains your positive test result within three working days of receiving notice of confirmatory test results.[3] Within three working days, you may also request a confirmatory retest of the original sample at your expense.[4]

If you test positive for a pre-employment drug or alcohol test associated with a conditional offer of employment, the offer may not be withdrawn based on the results of the initial test alone. To withdraw the offer for a positive test result, the initial test result must be verified by a confirmatory test.[5]

If you test positive while you are already an employee, you have a number of legal rights, and your employer is subject to certain legal requirements. First, your employer is not allowed to terminate your employment, discipline you, discriminate against you, or require rehabilitation on the basis of an initial test that has not been verified by a confirmatory test.[6] Second, if the positive result is your first positive result for that employer, your employer cannot terminate your employment unless you are first given the opportunity to participate in a drug or alcohol counseling or rehabilitation program and then you refuse to participate in or fail to complete the program.[7] However, your employer may temporarily suspend you or transfer you to another position pending the outcome of a confirmatory test or confirmatory retest if the employer reasonably believes this is necessary for safety reasons.[8]

If your employer or a prospective employer has not followed these legal requirements or retaliated against you for asserting your rights under DATWA, contact us. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.

 

[1] Minn. Stat. § 181.953, subd. 6(b).

[2] Minn. Stat. § 181.953, subd. 6(b).

[3] Minn. Stat. § 181.953, subd. 6(c).

[4] Minn. Stat. § 181.953, subd. 6(c).

[5] Minn. Stat. § 181.953, subd. 11.

[6] Minn. Stat. § 181.953, subd. 10(a).

[7] Minn. Stat. § 181.953, subd. 10(b).

[8] Minn. Stat. § 181.953, subd. 10(c).

Minnesota is an At-Will Employment State, What Does That Mean?

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When you hear that Minnesota is an “at-will” employment state, you may wonder what that means for you as an employee. It simply means you can quit your job for any reason at any time, you do not have to give notice nor a reason to your employer for leaving your position.

However, it also means an employer can terminate your employment for any reason at any time as long as the reason for termination is not illegal. For example, it is illegal for an employer to terminate employment based on an employee’s race, age, sex, sexual orientation, or religion, to name a few protected classes and statuses. Similarly, it is illegal for an employer to terminate an employee because the employee reported something unlawful, like discrimination or corporate wrongdoing.

Being an “at-will” employment state makes it easy for an employee and their employer to part ways if the position is not working for one or both of the parties. But, if you feel you have been wrongfully terminated based on discrimination, contact us at Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.

When Do I Get My Final Paycheck?

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When an employee resigns or is terminated, they usually wonder when they will get their last paycheck. When must a company pay a final paycheck, and when could it become wage theft?

First, if an employee is discharged or terminated, then they must be paid “immediately upon demand.” That means that an employee can request a final paycheck immediately after learning they were fired. An employer then has 24 hours to provide the final paycheck after that request or demand.

Second, if an employee gives proper notice of resignation, employers may provide a paycheck on the employee’s last day at work. But employers are NOT legally required to do so. An employer has up to the pay period following the employee’s final day (that is more than 5 days after the employee quit) to provide an employee their final paycheck. But it cannot be longer than 20 days after separation. So, if an employee resigned on the same day as their “payday,” that doesn’t mean that an employee will receive their final paycheck on that day.

If you resigned from an employer and the next pay period has passed and you did not receive full compensation you may be looking at potential wage theft. Similarly, if you resigned from an employer more than 20 days ago and you have not received your final paycheck, you may be looking at potential wage theft. State and federal laws prohibit various forms of wage theft.

If you have questions about wage theft, a final paycheck, or other employment law questions, please contact us today. We are happy to answer questions and assess if we can help with your situation.

Governor Walz’s Recent COVID-19 Order Gives Employees Important Rights

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On May 13, 2020, Minnesota Governor Tim Walz issued Executive Order 20-54, in response to the COVID-19 pandemic crisis. Among other things, the Governor’s executive order provides rights to Minnesota employees that all workers should be aware of.

First, the executive order prohibits employers from discriminating or retaliating against employees who ask their employers questions or expresses concerns about COVID-19 (the Coronavirus), or their health and safety regarding the virus outbreak.

Second, the executive order generally prohibits employers from discriminating or retaliating against employees who wear gloves, cloth, eye protection, or other protective gear in the course of their work.

Third, the executive order gives employees the right to refuse to work under conditions that they, in good faith, reasonably believe pose an imminent danger of death or serious bodily harm.

Fourth, the executive order gives employees the right to request the Minnesota Department of Labor and Industry (“DLI”) conduct an inspection of their workplace if they suspect a COVID-19 threat to health and/or safety is present.

Lastly, the executive order gives employees the right to seek reasonable accommodations related to COVID-19, including the ability to work from home, if possible.

All of these protections contain important caveats, so if you have questions about Executive Order 20-54, or COVID-19 at work, you should contact an experienced employment lawyer.

If you are an employee who has experienced difficult circumstances with your employer related to COVID-19, we are here to help. Please contact Teske, Katz, Kitzer, and Rochel, PLLP. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower related issues in the workplace.

I’ve just been Fired, What do I do Now? 10 Steps to Approach Termination

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Your boss calls you into a meeting with human resources. Suddenly, you find yourself without a job and without a clue what the next step will be. Situations like this are difficult, but here are some steps to take to make sure you are able to exercise your rights and confidently move toward your next opportunity.

  1. During the termination meeting, ask why you are being terminated. Listen to anything that is said, particularly regarding your performance, company needs (such as a layoff, reduction-in-force or restructuring), concerns others raised about you, or anything else they have to say. Your employer should be able to articulate the reasons for the decision to terminate your employment.
  2. Request a written, truthful reason for your termination. According to Minnesota law, an employee who has been involuntarily terminated may request that her or his employer provide a written reason within 10 working days of the request. Stat. § 181.933. However, you must request the reason in writing, and within 15 days of your termination. You should quickly make this written request or talk with an attorney about doing so.
  3. Request a copy of your personnel record. According to Minnesota law, upon separation from employment, any employee is entitled to a full copy of her or his personnel record, but only if she or he requests a copy in writing. Minn. Stat. § 181.961. Your employer is not allowed to charge you a fee for the personnel record. A copy of your personnel record may include evidence regarding the decision to terminate your employment, so you should request this quickly even if you choose not to hire an attorney.
  4. Collect any documents that may have any relation to your termination. This includes, for example, performance evaluations, emails, doctor’s notes, notes from managers/customers, or personal notes you may have taken. You must be careful to not take trade secret information or company property, however. Such information is usually defined by documents that you may have signed. If you have questions about what constitutes confidential or proprietary information, you should contact an attorney.
  5. If possible, ask your coworkers what they think about the reasons you were given for termination. Ask whether they agree with the decision, and what they thought about your performance and/or conduct. It may be helpful to know whether they are aware of anyone who was terminated around the same time and/or for similar reasons. You can also ask whether they were aware of any metrics used in the decision to terminate your employment.
  6. Contact an employment attorney. If you’ve been terminated, you may have legal rights, but you must contact an attorney as soon as possible to avoid missing important time limitations that could result in you losing any rights you may have.
  7. Review any contracts or agreements you may have related to your employment. When you started your position, you may have signed one or more forms that you do not recall in detail; this is common. You should review those documents in detail and should most likely have an attorney review them as well to advise you of your rights and options.
  8. Be careful about what you post on social media. Do not defame or speak negatively about your employer on social media following your termination (or at any time). There is no upside to trashing a former employer. It could make you look bad to future employers, or could be raised in a lawsuit to distract from your strong legal claims.
  9. Consider filing for unemployment benefits. If you are terminated, you can apply for unemployment benefits to determine whether you are eligible. There is a helpful checklist as well as an online tool to apply for benefits which can be found on the Minnesota Unemployment Insurance website, uimn.org.
  10. Try to find a new job and keep detailed records of your job search. In order to seek unemployment benefits, you are required to track your job-search efforts. If you bring a wrongful termination lawsuit, your former employer may try to prove that you did not try hard enough to find replacement income, raising a “defense” that you are not entitled to all of your lost income. Overall, you should diligently try to find a new job, and keep a very detailed log of your efforts in doing so.

Being terminated is difficult and personal, we understand that. But rest assured it is not the end of the road. It does not define you as a person and it should not dictate your career path. We are here to help you determine your rights and remedies moving forward. If you have any questions, please contact an experienced employment lawyer today.

Rochel Co-Organizes and Moderates FBA Labor & Employment Seminar

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On August 26, 2015, the Federal Bar Association’s (FBA) Labor & Employment Section hosted a continuing legal education (CLE) seminar. The seminar was co-hosted with the Minnesota Chapter of the FBA, and was held at Faegre Baker Daniels in Minneapolis, Minnesota. Brian Rochel of Teske Katz Kitzer & Rochel helped organize the event along with fellow Labor & Employment Committee members Corie Tarara, of Seaton Peters Revnew and  Joel Schroeder of Faegre Baker Daniels.

The seminar featured three separate panels: (1) What’s New at the EEOC in the Wake of Recent Supreme Court Decisions; (2) Employment Law Implications following the 2014 U.S. Supreme Court Term: Integrity Staffing, UPS, Abercrombie & Obergefell; and (3) Improving Collegiality and Civility in Employment Litigation. Brian Rochel moderated the first panel which featured the new Director of the Equal Employment Opportunity Commission (EEOC) Chicago District, Julianne Bowman. Ms. Bowman presented along with long-time EEOC Trial Lawyer Nicholas Pladson out of the Minneapolis office. 

The seminar featured several prominent panelists, including Chief Judge John R. Tunheim of the United States District of Minnesota and The Honorable Steven E. Rau, who currently serves as Magistrate Judge for the District of Minnesota. Click here for a full agenda of the seminar.

Contact Teske Katz Kitzer & Rochel for more information.

Rochel FBA Seminar

Teske Katz Kitzer & Rochel Defeats Pretrial Motion to Dismiss, Court Limits Karst Ruling

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In Jason Lindner v. Donatelli Bros. of White Bear Lake d/b/a Donatelli’s, the United States District Court for the District of Minnesota denied Defendant’s motion to dismiss Plaintiff Lindner’s retaliation claim. In an important opinion of first impression, the court held that Karst v. F.C. Hayer Co, 447 N.W.2d 180 (Minn. 1989), which bars discrimination claims in certain cases, does not apply to retaliation or reprisal claims.  The court noted that “a reprisal claim is fundamentally different [than a disability claim] – such a claim is predicated not on an employer’s injury (or disability), but rather on his or her conduct.” Lindner’s claims will now proceed to trial before a federal jury.

Phillip Kitzer and Brian Rochel represent Plaintiff Jason Lindner in the employment retaliation and discrimination lawsuit.