May 26, 2015

Registration Deadline is June 1 for Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , , at 4:20 pm by Tom Jacobson

attorney Tom Jacobson alexandria mn

Tom Jacobson

The registration deadline for the Twelfth Annual West Central Minnesota Employment Law Update is June 1. Seating for the June 11, 2015 event is limited, so please register soon if you plan to attend.

For more details and registration forms, please see Registration Open for Twelfth Annual West Central MN Employment Law Update, or contact me at taj@alexandriamnlaw.com or 320-763-3141.

I hope to see you on June 11!

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

April 17, 2015

Registration Open for Twelfth Annual West Central MN Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , , at 9:19 am by Tom Jacobson

attorney Tom Jacobson alexandria mn

Tom Jacobson

Registration is now open for the Twelfth Annual West Central Minnesota Employment Law Update to be held Thursday, June 11, 2015. The event is sponsored by West Central Minnesota SHRM, and it will be held at Alexandria Technical and Community College.

The morning session is designed to inform employers about developing areas of employment law, and it will be presented by four attorneys who practice extensively in that area of the law: Tom Jacobson, Mike Moberg, Sara McGrane and Penelope Phillips. Topics for this year’s event will include:

  • An update on significant employment law developments since last year’s event
  • How to apply the myriad of leave / time off entitlements required by Minnesota law
  • What to do when the ADA, FMLA and worker’s compensation collide due to an employee’s medical condition
  • Legal traps in recruiting

The afternoon session will feature award-winning speaker Andy Masters. Masters is an award-winning author and international speaker who provides attendees with not only a memorable multi-media experience, but also immediate “take-home” value for all levels of HR leadership to help them develop and empower a workforce of future leaders.

Click on the following links for more information and the registration form:

Comments from prior years:

  • “Great event!”
  • “Excellent – would highly recommend!”
  • “I go to several conferences/seminars every year & this is the most informative of all.  Plus, the group is open & friendly — very nice! Thank you!”
  • “Overall — great day & worth the time!”
  • “Excellent program for the price.”

Contact me at taj@alexandriamnlaw.com or 320-763-3141 if you need more information. We hope you can join us on June 11!

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

March 20, 2015

Save the Date for Twelfth Annual West Central MN Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , at 9:04 am by Tom Jacobson

The twelfth annual West Central Minnesota Employment Law Update will be held Thursday, June 11, 2015 at Alexandria Technical and Community College. The morning session is designed to inform employers about developing areas of employment law, and it will be presented by four attorneys who practice extensively in that area of the law: Tom Jacobson, Mike Moberg, Sara McGrane and Penelope Phillips. Topics for this year’s event will include:

  • An update on significant employment law developments since last year’s event
  • How to apply the myriad of leave / time off entitlements required by Minnesota law
  • What to do when the ADA, FMLA and worker’s compensation collide due to an employee’s medical condition
  • Legal traps in recruiting

The afternoon session will feature award-winning speaker Andy Masters.

Comments from prior years:

  • “Great event!”
  • “Excellent – would highly recommend!”
  • “I go to several conferences/seminars every year & this is the most informative of all.  Plus, the group is open & friendly — very nice! Thank you!”
  • “Overall — great day & worth the time!”
  • “Excellent program for the price.”

We hope you can join us on June 11! Stay tuned for registration, agenda and other details.

Save the Date

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

March 26, 2014

Save the date!

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Conviction Records, Criminal History, Disability, Discrimination, Family and Medical Leave Act, Interactive Process, Leaves of Absence, Reasonable Accommodation, Sexual Orientation, Sick Leave, Sick or Injured Child Care Leave, Training, Unexcused Absence tagged , , , at 5:18 pm by Tom Jacobson

The eleventh annual West Central Minnesota Employment Law Update will be held Thursday, June 12, 2014 at Alexandria Technical and Community College. The morning session of the event is designed to inform employers about developing areas of employment law, and it will be presented by four attorneys who practice extensively in that area of the law: Tom Jacobson, Mike Moberg and Penelope Phillips.

The afternoon session will feature Ted Schick, who will educate and entertain with his presentation, “Recruit, Motivate and Retain Your Workforce.”

Comments from last year’s event:

  • “I attend yearly and look forward to it! Thanks!”
  • “I go to several conferences/seminars every year & this is the most informative of all.  Plus, the group is open & friendly — very nice! Thank you!”
  • “Overall — great day & worth the time!”
  • “Excellent program for the price.”

We hope you can join us on June 12! Stay tuned for registration, agenda and other details.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

August 31, 2011

Better late than never? Employee wins unemployment claim after two month absence

Posted in Absenteeism, Absenteeism, Attendance, Leaves of Absence, Misconduct, Unemployment Benefits, Unexcused Absence tagged , , , at 9:29 am by Tom Jacobson

In a case that proves that things are not always as they seem, a Minnesota employee has been awarded unemployment benefits despite her failure to report to work for two months.

The case, Genemo v. Donatelle Plastics, Inc., involves Hawi Genemo who was employed by Donatelle Plastics, Inc.  After learning that her mother was seriously ill in a remote area of Africa, Genemo requested and was granted a leave of absence to visit and care for her mother.  The leave was to run from April 21 to May 19, 2010, and she was also told she could request additional time off if needed.

Unfortunately, while in Africa Genemo encountered civil unrest and a lack of mail, electricity, phone service and Internet. Thus, she was unable to contact Donatelle about her situation.  Because of the lack of contact, Donatelle discharged her effective May 27, 2010.  Genemo returned in July, 2010.

Genemo was initially disqualified from unemployment benefits on the basis that her failure to keep in contact with her employer was employment misconduct. The Minnesota Court of Appeals disagreed.  Relying on Minn. Stat. § 268.095, Subd. 6(b)(8), the court noted that it is not employment misconduct when an employee is absent “with proper notice to the employer, in order to provide necessary care because of the illness, injury, or disability of an immediate family member of the applicant.”  Because the initial notice was proper and because further notice was deemed “impractical if not impossible,” the court ruled that even though Donatelle’s decision was reasonable, Genemo’s absence and failure to contact Donatelle was not employment misconduct, so she was deemed eligible for unemployment benefits.

The case reminds us that things are not always as they seem.  Here, the employee’s unique circumstances fit within a narrow exception in Minnesota’s unemployment statute.  The lesson is that jumping to conclusions about an employee’s situation can lead to costly litigation.

For more information about this article, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson, PA