In a civil suit under Section 1983 this week, Messerschmidt v. Millender, No. 10-704 (February 22, 2012), the United States Supreme Court applied qualified immunity to dimiss claims alleging that officers violated the 4th Amendment by relying on an overly …
This week, in Howes v. Fields, No. 10-280 (Feb. 21, 2012), the United States Supreme Court reiterated that whether an individual is “in custody” for the purposes of Miranda rights is a fact-dependent inquiry that evaluates all features of an …
This week, the Minnesota Court of Appeals held that an employer violated the Minnesota Human Rights Act by requiring that an employee provide medical information about dyslexia, when the employee had not requested an accommodation and there was no evidence …
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 …
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 …
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, …
