Minnesota Attorney Blog : Minnesota Lawyer & Attorney : Aaron Hall : Twin Cities Law Firm : Minneapolis, St. Paul MN : Business Litigation, Personal Injury, Intellectual Property

Pregnancy Discrimination

Pregnancy itself can be an exciting, stressful, overwhelming experience.  It also creates added stress for working women who have to decide how to tell their employer they are expecting and coordinate maternity leave.  What happens when your employer is less than accommodating to your exciting news?

Federal law provides that an employer cannot discriminate against employees because they are pregnant.  The law treats pregnancy as a medical condition: it must be treated the same way as other medical conditions with similar employment effects.  Your employer must treat a pregnant woman the same way it treats anyone else who has a medical condition that may require missing work.  The key requirement is consistency.

Can my employer require me to stop working because I am pregnant?

Generally no.  Even if your employment conditions could be deemed dangerous to the fetus, your employer cannot force you to quit.  It once again becomes a matter of consistency - your employer cannot treat you differently than it would anyone else just because you are expecting.

Can my employer require a certain amount of notice of my pregnancy?

If you will be taking leave, you have to follow the notice requirements set by your employer.  Generally those requirements should be the same for anyone taking a family or medical leave.  The notice requirements cannot differ based on the reason for the leave.  For example, your employer cannot require 90 days notice of a pregnancy leave and only 30 days notice to care for an ailing parent.

How do I prove a pregnancy discrimination claim?

Pregnancy discrimination claims are generally proven through circumstantial evidence, just as any other discrimination claim is proven.  The facts of pregnancy discrimination cases are often very similar: an employee receives glowing reviews until she announces she is expecting.  Suddenly her performance is heavily criticized and she is told that if she does not improve she will be fired.  Make sure you ask a lot of questions about the alleged problems with your performance and document everything.  If you think something is fishy, it is important to keep track of your concerns and how your employer addressed them.  That circumstantial evidence will be important if you decide to pursue a claim.

What do I do if I was the victim of pregnancy discrimination?

There are procedures you must follow to preserve your claim.  There are also strict timelines for such claims.   The attorneys at Twin Cities Law Firm may be retained to investigate whether you have a discrimination claim.

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Most people are familiar with basic overtime laws - if you work more than 40 hours in one work week, you are entitled to pay of time-and-a-half for all hours exceeding 40.  People who work in management, professional, and other fields may be exempt from over time requirements.  Some employers will try to classify employees as exempt from overtime pay who are entitled to it, however.  Employers may also argue that time preparing for work should not be included in overtime calculations.  There are many situations where employees may be entitled to seek overtime pay:

•       Employee is incorrectly categorized as exempt from overtime pay.  One example from the legal field is paralegals.  Many law firms argued that they have the type of specialized training and duties that make them exempt from overtime pay.  The Department of Labor has issued opinions that paralegals and legal assistants are not exempt from overtime pay, however.  Incorrect classification is a common occurrence in other industries as well, such as mortgage and banking.

•       Employee did not have permission to work overtime.  Generally your employer cannot refuse to pay you overtime just because you did not have advance permission to complete the work.

•       Employee is salaried.  Just because you are paid a salary rather than on an hourly basis, that does not mean you are exempt from overtime.  It depends on the details of your work based on specific guidelines set by statute.

•       Employee is misclassified as an independent contractor.  A true independent contractor is probably not entitled to overtime pay.  Sometimes employers will call employees independent contractors to avoid overtime and other expenses, but the relationship is really one of employer/employee.

•       Employee is reclassified as non-exempt.  If your employer changes your classification from exempt to non-exempt, you may be entitled to recover up to two years of overtime pay if you were misclassified as exempt.

•       Employee falls below the minimum salary.  If you earn less than $455 per week, you are automatically entitled to overtime protection.

•       Employee is required to work off the clock.  Often employees have to set up before beginning work or clean up after work.  You are generally entitled to credit for that time as working time.

An attorney can help you evaluate whether you have a claim for overtime wages.  Keep in mind that there are strict time limits for filing a claim for overtime wages.  You may hire the attorneys at Twin Cities Law Firm today to investigate whether you have a claim.

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There are many different types of contracts that arise in employment relationships.  Sometimes when you start a new job, your employer may ask you to sign an employment contract.  Usually the contract will set forth your compensation, benefits, and duties.  It may also include confidentiality or non-compete provisions.  Confidentiality provisions are usually designed to protect what are called trade secrets.  They may also provide that anything you design or develop while working for your employer belongs to that employer.  A non-compete provision is a little different.  It prevents you from competing with your employer after you leave it.  In order to be valid, the provision must be limited in time, scope, and geographic area.

Separation Agreements

Employment relationships end for a number of reasons.  Sometimes everyone parts on good terms; other times, the relationship looks more like a nasty divorce.  Often when an employee is terminated or laid off, he or she will be asked to sign a separation agreement in exchange for severance pay.  Separation agreements usually require the employee to waive any potential claims he or she may have against the employer in exchange for severance pay.  Often they will also include confidentiality or non-compete provisions.  There may also be provisions such as “non-disparagement” clauses that are designed to prevent you from bad-mouthing a prior employer.  Ultimately the agreements usually require an employee to give up some right in exchange for severance pay.

Why hire an attorney?

If you are faced with the loss of your job or are just starting a new job, you may wonder if it is worth it to hire an attorney to review an employment contract.  The answer is yes!  If you are beginning a new job, it is important to have an attorney review your employment contract to determine if it will adequately protect your options if you choose to leave the employer in the future.  You do not want to be in a position where you sign a contract, are unhappy, find the perfect fit in a new job, but can’t start working there for six months because you agreed to a non-compete provision.  Similarly, if you are signing a severance or separation agreement, it is a good idea to have an attorney review it first.  The attorney can help you evaluate whether you have other potential claims against your employer that may make signing a separation agreement unwise.  The attorneys at Twin Cities Law Firm would be happy to evaluate your employment contract.  Contact us today to find out your options.

Whistleblower Statutes

Whistle-blower statutes, also known as anti-retaliation statutes, provide protection for people who report wrongdoing or file lawful claims.  There are several different kinds of statutes.  One well-known example is that of worker’s compensation.  An employee cannot be terminated for filing a legitimate worker’s compensation claim.  Similarly an employee cannot have her employment terminated for reporting illegal activity to a government authority.  The purpose of such laws is to encourage people to do the right thing without fear of retaliation from employers.

Many of the whistleblower statutes also provide a remedy for employees.  If they believe an employer has taken some adverse action because the employee filed a claim or reported wrongdoing, the employee may be able to take legal action to remedy the situation.  If you think you have suffered some adverse employment decision or been terminated because of whistleblower activities, consider contacting a lawyer.  You can retain the attorneys at Twin Cities Law Firm to investigate a potential claim for you.

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