Category: Commercial Litigation
Employer Liability for Employees’ Actions
August 19, 2013 | Jennifer C. MoreauMinnesota recognizes three negligence causes of action in which an employer is liable to a person for injuries caused by an employee: negligent hiring, negligent retention, and negligent supervision. This article will describe these causes of action. The Basics Negligence imposes a duty upon an employer to exercise reasonable care if the employer’s action creates a foreseeable risk of harm or injury to another. Though the particular injury need not be foreseeable, it must have been reasonable to expect so that a sensible person would take precaution. If the connection between the harm and the employer’s act is too remote, no liability will be imposed. Negligent Hiring An employer is liable for negligent hiring if it hires someone for a position through which the employer knows, or should have known through investigation, the employee would pose a foreseeable threat of injury to others. The injury must be physical but does not need to occur within the scope of employment. The duty of the employer to conduct a reasonable pre-employment investigation depends upon the job. For example, an employer owes no such duty for a maintenance worker whose responsibilities required no exposure to the general public and limited contact with coworkers. Yet in Ponticas v. K.M.S. Invs., 331 N.W.2d 907 (Minn. 1983), an employer…
Read MoreWhat The Law Says About Miniature Horses as Service Animals
July 17, 2013 | Joan M. QuadeBy Joan Quade and Jennifer Wendt Barna, Guzy & Steffen, Ltd Service dogs in our society have become commonplace. Being a nation of pet owners and dog lovers, most people are not surprised that dogs can provide assistance to their owners. But one may be surprised to hear that miniature horses are now being trained and used to assist those with disabilities. [maxbutton id=”1″ ] Yes, miniature horses. They are about the size of a large dog and are extremely cute. Horses are intelligent and have a long history with humans. While we have all seen service dogs, many of us have not seen miniature horses yet. We are all accustomed to seeing dogs in stores, schools, restaurants and even airports. Service animals provide the means for greater independence to individuals with visual difficulties, hearing impairments, or other disabilities. Some service dogs learn to turn off lights, pick up objects, open doors, and can even warn their owner of an impending seizure or a danger in the streets. Service dogs have changed the lives of many disabled individuals. There is, however, a high cost to training service dogs and they have a shorter lifespan than horses. This is one of the reasons cited for training horses as service animals. Even though the horses…
Read MoreMinnesota Employment Law Update
June 20, 2013 | Bradley KletscherThe legislature was busy during the 2013 legislative session with employment laws. The legislature passed several changes to Minnesota laws affecting employers and their employees. The following article discusses some of the highlights from the session related to employment law changes. 1. Criminal background checks Effective January 1, 2014, the circumstances in which employers may request information regarding an applicant’s arrests or convictions has been restricted. Under the new law, public and private employers cannot inquire into, consider or require disclosure of an applicant’s criminal history until after the applicant has been selected for an interview, or if there is not an interview, before a conditional offer of employment is made. Since 2009 Minnesota law has prevented public employers from requesting criminal background information on job applications. The law provides an exception for employers with a statutory duty to conduct criminal background checks or otherwise consider applicants’ criminal history during the hiring process. Therefore, employers hiring for certain types of positions – for example, positions working with children in schools- are permitted to inquire about criminal history at the application phase. However, employers should be careful to inquire only about offenses that may be specified by statute, and they should not ask criminal history questions of all applicatns, if the employer does not…
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