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FORMAN AGAIN CO-PRESENTS MINNESOTA CLE WEBCAST ENTITLED: "TAKING CHARGE OF A BUISNESS CRISIS." On May 22, 2008 Jamie Forman co-presented a CLE entitled: “Taking Charge of a Business Crisis.” The program focused on responding to and managing the “business crisis” from legal and communication/reputation perspectives. Forman’s portion of the CLE focused on the legal perspective. He also focused on some of the ethical issues related to the legal perspective of handling the business crisis.
SEGAL INTERVIEWED FOR ARTICLE IN UPSIZE MAGAZINE Recently, Lenny Segal was interviewed for an article in the March 2008 issue of Upsize Magazine discussing measures that employers can take to reduce the risk of employment-related problems in their workplace. Upsize Magazine is a Minnesota magazine geared toward small and mid-sized businesses. If you would like to read the article, please follow this link: UPSIZE MAGAZINE. Lenny is featured under the heading entitled “No. 1 Mistake.”
SEGAL WINS MOTION TO DISMISS On November 15, 2007, Ramsey County Judge J. Thomas Mott issued an Order dismissing a whistleblower claim brought against Lenny Segal’s client. In the same Order, the Judge denied the plaintiff’s motion to amend her complaint. The plaintiff has appealed Judge Mott’s decision, which appeal is currently pending before the Minnesota Court of Appeals. Natalie Wyatt-Brown assisted Lenny on this case.
SEGAL’S CLIENT PREVAILS IN ARBITRATION On October 2, 2007, an arbitrator ruled in favor of Lenny Segal’s client in a dispute between Lenny’s client, the manufacturer of a product, and the company that was to be selling the product. In the case, the selling company had brought a claim against the manufacturer claiming that the manufacturer had breached the parties’ contract. On behalf of his client, Lenny brought a counter-claim against the seller. Following a week-long arbitration hearing, the arbitrator ruled in favor of Lenny’s client, finding that the seller had breached the contract. Erin Thorman assisted Lenny on this case.
THOMPSON WINS FEDERAL WHISTLEBOWER APPEAL On August 17, 2007, the United States Court of Appeals for the Eighth Circuit affirmed a decision of the Minnesota federal district court in favor of John Thompson’s client in a Minnesota Whistleblower Act case. Judge Tunheim had granted Thompson’s motion for summary judgment at the district court level, and the Eighth Circuit affirmed.
OBERMAN AND THOMPSON NAMED AS 2007 SUPER LAWYERS Oberman Thompson & Segal, LLC, is proud to announce that Jeff Oberman and John Thompson have been selected as 2007 Super Lawyers by Minnesota Law & Politics, Mpls.St.Paul Magazine and Twin Cities Business. This honor is given only to 5% of Minnesota attorneys, and is based upon peer nominations, a panel review process and independent research of candidates. Both Jeff and John have received this award numerous times in the past.
CHAMBERS USA 2007 SELECTS THOMPSON AS TOP EMPLOYMENT LAWYER Once again, John Thompson has been selected by Chambers USA in 2007 for inclusion in America’s Leadings Lawyers for Business as a “Leading Individual” in the Labor & Employment field in Minnesota. Chambers notes that John “primarily represents management, although he also regularly assists executives in employment matters; he handles litigation but also has a substantial preventive counseling and training practice.” John is described as an “excellent writers and solid and competent lawyer.”
SEGAL & WYATT-BROWN NAMED 2008 “RISING STARS” Oberman Thompson & Segal, LLC, is proud to announce that Leonard Segal and Natalie Wyatt-Brown have been named 2008 “Minnesota Rising Stars” by Minnesota Law & Politics, Twin Cities Business, and Mpls.St.Paul Magazine. This is a high honor for Lenny and Natalie, as only 2.5% of Minnesota attorneys receive this honor. This is the 3rd year in a row that Lenny has been named a Rising Star. Rising stars are selected based upon peer nominations, a panel review process and independent research of candidates.
FORMAN CO-PRESENTS MINNESOTA CLE WEBCAST ENTITLED: “TAKING CHARGE OF A BUISNESS CRISIS.” On October 24, 2007 Jamie Forman co-presented a CLE entitled: “Taking Charge of a Business Crisis.” The program focused on responding to and managing the “business crisis” from legal and communication/reputation perspectives. Forman’s portion of the CLE focused on the legal perspective. He also focused on some of the ethical issues related to the legal perspective.
FORMAN AND WYATT-BROWN SPOKE TO TWIN CITIES ENGINEERING MANAGEMENT SOCIETY On September 27, 2007, Natalie Wyatt-Brown presented on the main topic entitled: “How to Effectively Manage the Difficult Employee While Avoiding Liability.” After the main presentation, Jamie Forman and Natalie led a lively discussion of noncompetes and confidential information.
WYATT-BROWN PRESENTS AT DISABILITY SEMINAR On September 10, 2007, Natalie Wyatt-Brown gave a presentation on disciplining employees with mental health and substance abuse issues as part of an advanced CLE course titled Employees with Mental Health Conditions: Real-World Employment Law Questions and Answers.
FORMAN SPOKE ON BOW TIES AND CONFIDENTIAL INFORMATION On August 9, 2007 Jamie Forman presented to the Twin Cities Entrepreneurs on the topic of : “Bow Ties and Confidential Information.”
NEW FEDERAL MINIMUM WAGE POSTER REQUIREMENT REQUIRED JULY 24, 2007 All workplaces subject to the Fair Labor Standards Act's minimum wage provisions are required by law to display the new minimum wage rates in a conspicuous location beginning July 24, 2007. This is the first increase in the Federal minimum wage since 1997. The timetable for phasing in the new rate of $7.25 per hour is as follows: Of course, Minnesota employers have to comply with a number of federal and state laws mandating posters in the workplace. Feel free to contact any of us at OTS for further information.
SEGAL PART OF PANEL FOR CONTINUING LEGAL EDUCATION PROGRAM FOR NEW LAWYERS On July 9, 2007, Lenny Segal was a member of a panel presentation for new lawyers entitled The New Lawyer Experience: Summer Session. The program, which was designed to help new and less experienced lawyers in the practice of law, was presented by Minnesota CLE. Lenny was the employment attorney on the panel, which answered questions from the lawyers in attendance regarding several substantive areas of the law.
SEGAL AND WYATT-BROWN PRESENTED A MINNESOTA CLE WEBCAST REGARDING BACKGROUND CHECKS AND DRUG TESTING IN MINNESOTA On June 21, 2007, Lenny Segal and Natalie Wyatt-Brown presented a live Minnesota CLE webcast regarding how to properly conduct background checks and drug tests. Lenny and Natalie discussed the application of the federal Fair Credit Reporting Act, the corresponding Minnesota Access to Consumer Reports Act, and Minnesota’s drug and alcohol testing in the workplace statute.
WYATT-BROWN SUCCESSFULLY DEFENDS WHISTLEBLOWER CLAIM IN LANDMARK DECISION In April 2007, the Minnesota Court of Appeals upheld the dismissal of a whistleblower claim in Borgersen v. Cardiovascular Systems, Inc., 729 N.W.2d 619, 624 (Minn. App. 2007). Ms. Wyatt-Brown argued the case to the Court of Appeals in January 2007. Borgersen, along with a companion case, Grundtner v. Univ. of Minn., 730 N.W.2d 323, 330 (Minn. App. 2007), clarified that an employee must report an actual violation of law—not merely a potential violation—to qualify for whistleblower protection under Minnesota’s Whistleblower Protection Statute.
SEGAL SPOKE ABOUT EMPLOYMENT LAW ISSUES AT 16th ANNUAL AGRICULTURAL AND RURAL LAW INSTITUTE April 13, 2007, Lenny Segal spoke at the 16th Annual Agricultural and Rural law Institute, presented by Minnesota CLE and the Agricultural Law Section of the Minnesota State Bar Association. Lenny discussed employment law issues for small businesses including hiring practices, harassment and discrimination issues, and the use of non-compete and confidentiality agreements. .
SEGAL MODERATED AND WAS PART OF AN EMPLOYMENT LAW PANEL REGARDING THE FAIR LABOR STANDARDS ACT On April 10, 2007, Lenny Segal was the moderator and a speaker regarding the Fair Labor Standards Act (FLSA). During his presentation Lenny discussed, among others, how to calculate hours worked and overtime pay, permissible and impermissible deductions from an employee’s pay, and other issues regarding the application of the FLSA. The program, which was sponsored by Lorman Education Services, was entitled Payroll Fundamentals: Basic Principles to Help You Manage the Payroll Process.
SEGAL AND THOMPSON PRESENTED A MINNESOTA CLE WEBCAST REGARDING THE AMERICANS WITH DISABILITIES ACT AND THE FAMILY AND MEDICAL LEAVE ACT On January 31, 2007, Lenny Segal and John Thompson presented a Minnesota CLE webcast regarding the Americans with Disabilities Act and the Family and Medical Leave Act. Lenny and John discussed the requirements of the ADA and FMLA, how the two laws interact, and how employers can be sure to comply with both the ADA and the FMLA.
OBERMAN PRESENTED TWICE AT ADVANCED EXECUTIVE LAW SEMINAR Jeff Oberman was on the Planning Committee and presented twice at the February 8, 2007 MSBA/CLE Advanced Executive (and Key Employee) Law Seminar. He spoke on “The Making of a Great Executive Employment Agreement” and “Protecting the Company’s Intellectual Property – Noncompetes, Restrictive Covenants and Trade Secrets.”
SEGAL NAMED 2007 “RISING STAR” Oberman Thompson & Segal, LLC, is proud to announce that Leonard Segal has been named a 2007 “Minnesota Rising Star” by Minnesota Law & Politics, Twin Cities Business, and Mpls.St.Paul Magazine. This is a high honor for Lenny, as only 2.5% of Minnesota attorneys receive this honor, which is based upon peer nominations, a panel review process and independent research of candidates. This is the 2nd year in a row that Lenny has been named a Rising Star.
THOMPSON CO-CHAIRED RETALIATION & WHISTLEBLOWER CLE On January 17, 2007, John Thompson co-chaired an advanced Minnesota CLE course in Minneapolis discussing employment whistleblower and retaliation law. In addition, Thompson presented on “Retaliation Claims and the Burlington Northern decision.” He also reviewed the decisions that have come down since Burlington Northern, and how they affect traditional retaliation and whistleblower law. Also speaking at the CLE was OTS partner Natalie Wyatt-Brown. Wyatt-Brown discussed difficult causation issues arising in whistleblower and retaliation lawsuits. For further information, refer to www.MinnCLE.org.
THOMPSON LED A CONFERENCE BOARD WEBCAST ON INVESTIGATIONS On October 31, 2006, John Thompson lead a Webcast sponsored by The Conference Board on Legal Investigatons for Non-Security Professionals. The link to further information about this Webcast is at http://www.conference-board.org/Webcasts/upcomingWebcast.cfm?ID=1344. The Webcast follows a Podcast that John recently did for The Conference Board on the same subject, which you can access HERE. The seminar discussed many of the issues John discusses in the book he authored on investigations. Further information about the book is at http://www.otslawyers.com/resourses/jtbook.html.
OBERMAN TO CONTINUE TEACHING BUSINESS LAWYERS IN 2007 In addition to his ongoing commitments to provide training to employment lawyers, Jeff Oberman has been asked to continue presenting to business attorneys in 2007. He will present at the February 8, 2007 MSBA/CLE Advanced Executive (and Key Employee) Law Seminar, on “The Making of a Great Executive Employment Agreement” and “Protecting the Company’s Intellectual Property – Noncompetes, Restrictive Covenants and Trade Secrets.” He will present at the May 16, 2007 MSBA/CLE Upper Midwest Business Law Institute, on “Executives: 10 Legal Areas You Need To Know If You Work With, For Or Against Them." He will also present at the August 16, 2007 MSBA Business Law 102 and October 9, 2007 Business Law 103 seminars on topics yet to be determined.
OBERMAN APPOINTED TO JCRC BOARD Jeff Oberman has been appointed to the Board of Directors of the Jewish Community Relations Council of Minnesota and the Dakotas, which is based in Minneapolis.
SEGAL SPOKE AT HUMAN RESOURCES ROUNDTABLE IN BURNSVILLE On November 2, 2006, Lenny Segal spoke to various business organizations as part of a human resources roundtable in Burnsville, Minnesota. Lenny discussed legal issues involved in the hiring process, including what employers can and cannot do when recruiting potential employees.
SEGAL OBTAINS TEMPORARY INJUNCTION ON BEHALF OF CLIENT On May 5, 2006, Hennepin County District Court Judge Harry S. Crump issued a temporary injunction in favor of Lenny Segal’s client. Lenny sought the injunction against the client’s former sales employee, asking that the employee be bound by the terms contained in an employment agreement she had entered into with the client. Following an evidentiary hearing, the court issued the temporary injunction, specifically stating that the employee remains bound by the terms of the agreement.
BREAKING NEWS – COURT OF APPEALS DECISION IMPACTS VACATION PAY TO TERMINATING EMPLOYEES UPDATE TO FOLLOWING NEWS ITEM: On October 18, 2006, the Minnesota Supreme Court granted review of the decision that is discussed below. We will post updates here regarding further developments in the case and, of course, the Supreme Court’s decision when it is handed down. On August 8, 2006, the Minnesota Court of Appeals decided a case that affects the payment of unused vacation time at the time of an employee’s termination. In light of this decision, employers should review their policies and practices regarding the payment of accrued but unused vacation at the time of an employee’s departure from the company. Pursuant to Minnesota Statute Section 181.13, an employer must pay a discharged employee all earned and unpaid wages and commissions at the time of discharge. If the employer does not pay the employee’s earned wages and commissions within 24 hours after a demand, the employee is entitled to his/her wages and commissions, plus a penalty of up to 15 days of the employee’s average daily earnings, plus costs and attorneys’ fees. In its decision, the Court of Appeals invalidated an employee handbook provision that stated that employees terminated for misconduct would forfeit their accrued but unused vacation. The Court held that such a policy violates Section 181.13. This decision could have broader implications for employers: The court noted that Section 181.13 does not contain an exception to the payout rule for employees discharged for misconduct. In fact, Section 181.13 and its companion, Section 181.14 (which requires payment of earned wages and commissions upon an employee’s resignation), do not contain any exceptions to the payout rule. Therefore, employers may need to pay all accrued but unused vacation to any employee leaving the company for any reason. In light of this decision, employers should consider limiting the amount of vacation that employees may accumulate such that once an employee accumulates the maximum amount, no further vacation time may accumulate until the employee uses some of his/her accrued vacation. By so doing, employers should be able to reduce the potential for having to pay a substantial (and sometimes unexpected) amount of vacation pay to a departing employee.
OTS IS THREE FOR THREE IN 2006 - TWO SUPER LAWYERS AND A RISING STAR! Oberman Thompson & Segal, LLC, is proud to announce that all three of its partners have been selected to receive 2006 honors by Minnesota Law & Politics, Mpls.St.Paul Magazine and Twin Cities Business. Jeff Oberman and John Thompson were named 2006 Minnesota Super Lawyers. This honor is given only to 5% of Minnesota attorneys, and is based upon peer nominations, a panel review process and independent research of candidates. Leonard Segal was named a 2006 Minnesota Rising Star. This honor is given only to 2.5% of eligible Minnesota attorneys.
THOMPSON WINS THIRD FEDERAL WHISTLEBLOWER LAWSUIT IN 2006 On July 26, 2006, U.S. Federal District Court Judge Michael J. Davis granted summary judgment in favor of John Thompson’s client Extendicare Health Services, Inc., and dismissed a whistleblower lawsuit brought by Extendicare’s former employee Jessica Carlson. Carlson was a Health Unit Coordinator for Extendicare in the Twin Cities until she resigned in February 2005. Carlson’s lawsuit claimed that she was constructively terminated in violation of Minnesota’s Whistleblower Act.
Judge Davis ruled that Carlson was not constructively discharged. Carlson could not claim that her working conditions were intolerable based upon alleged conditions that were common to all employees. Further, the conditions were not objectively intolerable. Finally, Carlson did not give the Company a chance to cure the allegedly intolerable conditions. Thompson now has obtained summary judgment in three federal whistleblower lawsuits this year. The previous two are currently on appeal to the United States Court of Appeals for the Eighth Circuit.
THOMPSON WINS ANOTHER WHISTLEBLOWER LAWSUIT On May 1, 2006, U.S. Federal District Court Judge Richard H. Kyle granted summary judgment in favor of John Thompson’s client Extendicare Health Services, Inc., and dismissed a whistleblower lawsuit brought by Extendicare’s former employee Carol Skare. Skare was a Regional Nurse Consultant for Extendicare in the Twin Cities until she resigned in early 2005. Skare’s lawsuit claimed that she was terminated in violation of Minnesota’s Whistleblower Act. Judge Kyle ruled that Skare had no claim related to her resignation or related to any alleged harassment. Further, Judge Kyle ruled that Skare was not protected under the Whistleblower Act because she did not make a “report” of illegal conduct under the law in large measure because she was merely doing her job when she raised concerns with her supervisors. This decision is believed to be the first in Minnesota to address the health care provision of the Whistleblower Act. Enacted in 1997, this provision specifically protects health care employees who report, in good faith, a situation in which a health care facility, organization or provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm. Minnesota Statute Section 181.932, subdivision 1(d). Judge Kyle used the same analysis for this provision as courts have used for the original, general whistleblower provision under the Act.
OBERMAN NAMED TO 2005-2006 MADISON WHO’S WHO OF EXECUTIVES AND PROFESSIONALS Oberman Thompson & Segal, LLC, is proud to announce that Jeff Oberman has been selected as a 2006 “Madison Who’s Who of Executives and Professionals.”
SEGAL PART OF EMPLOYMENT LAW LEGAL PANEL On April 25, 2006, Leonard Segal was part of a panel of employment law attorneys presenting a program for the Twin Cities Human Resource Association. (www.tchra.org). The interactive program included updates on recent legislative affairs and current hot topics in employment law.
OBERMAN PRESENTED TWICE AT 2006 EMPLOYMENT LAW INSTITUTE Jeff Oberman presented twice at the May 22-23, 2006 Annual Upper Midwest Employment Law Institute, which was co-sponsored by Minnesota CLE, the Employment Law Section of the Minnesota State Bar Association and the Twin Cities Human Resource Association. Jeff chaired and presented at a panel discussion on " Advanced Practice and Strategies: Solving Tough Noncompetition, Confidentiality, and Trade Secret Problems", and also will present on " Executives and Other Key Employees: 10 Areas You Need to Know if You Work With, For or Against Them”.
THOMPSON PRESENTED AT 2006 EMPLOYMENT LAW INSTITUTE John Thompson spoke at the May 22-23, 2006 Annual Upper Midwest Employment Law Institute on whistleblowing law. This was a very timely topic given the huge increase in such cases over the last several years. John’s topic is An In-Depth Analysis of the Minnesota Whistleblower Act: Recent Case Law and Trends. John has spoken at the Institute virtually every year since the late 1980s. John spoke twice on this topic with a co-presenter from another firm.
THOMPSON SPOKE IN HUNTINGTON BEACH AT SECURITY CONFERENCE On March 21, 2006, John Thompson spoke at the 2006 CSO Perspectives Conference (www.csoonline.com) in Huntington Beach, California. This conference was the premier conference for senior security executives. Thompson’s topic was Security Counsel: Investigations for Non-Security Professionals. Thompson is General Counsel and Managing Partner of Business Security Advisory Group (www.bsag-cso.com), a national security consulting firm. Thompson also is on the faculty of The CSO Executive Council, a professional organization for CSOs (Chief Security Officers) and CISOs (Chief Information Security Officers). The Council membership is by invitation only and currently represents 18 industry sectors whose companies average sales of $20 billion (www.csoexecutivecouncil.com).
THOMPSON’S CLIENT OBTAINS SUMMARY JUDGMENT IN On February 9, 2006, U.S. Federal District Court Judge John R. Tunheim granted summary judgment in favor of John Thompson’s client Extendicare Health Services, Inc., and dismissed a whistleblower lawsuit brought by Extendicare’s former employee JoAnn Buytendorp. Buytendorp was the administrator of one of Extendicare’s Minnesota nursing home facilities and was terminated in 2004 for performance reasons. Buytendorp’s lawsuit claimed that she was terminated in violation of Minnesota’s Whistleblower Act and also asserted a claim for negligent supervision. Judge Tunheim held that Buytendorp was not a protected individual under the Whistleblower Act because she did not make a “report” of illegal conduct under the law and did not engage in any “refusal” to engage in illegal conduct. Judge Tunheim also rejected the negligent supervision claim because Buytendorp did not claim to have suffered any physical or bodily harm, an essential element of that claim.
THOMPSON SPOKE MARCH 14 ON HARASSMENT ISSUES On March 14, 2006, John Thompson spoke on recent legal developments in harassment law and harassment training for the American Council of Engineering Companies of Minnesota (www.acecmn.org). Thompson co-presented with Kate Harri, Vice President of Operations at Behavioral Medical Interventions (www.behavioralmedical.com).
THOMPSON NAMED TO 2005-2006 “BEST LAWYERS IN AMERICA” LIST Oberman Thompson & Segal, LLC, is proud to announce that John Thompson has been named to the 2005-2006 “Best Lawyers in America” list. Woodward White, Inc. publishes this list. Thompson has been selected for this prestigious honor since 2003.
THOMPSON’S CLIENT PREVAILS IN DAKOTA COUNTY TRIAL On Valentine’s Day 2006, Dakota County Judge Kathryn D. Messerich gave John Thompson’s client an overwhelming victory in a case tried before the Court in August 2005. The former President and Vice President of a truck driver training school in Eagan, Minnesota sued the school and its owner for breach of contract and several other theories after the school terminated them for cause in 2002, each seeking hundreds of thousands of dollars. The Court dismissed the owner prior to trial, and Judge Messerich dismissed the breach of contract claims, finding that the school had good cause to fire the Plaintiffs. The Court also dismissed a number of other claims that the Plaintiffs brought. The only recovery awarded the Plaintiffs was $750 each for the school’s failure (prior to Thompson’s involvement) to provide the reasons for Plaintiffs’ termination within the 5 days that is required under Minnesota law. Moreover, Thompson was successful in obtaining a $20,000 judgment for the owner against the Plaintiffs on a defamation counterclaim. The Plaintiffs had falsely stated to other employees of the school that the owner had stolen money from his own company.
SEGAL’S CLIENT PREVAILS IN HENNEPIN COUNTY TRIAL On February 14, 2005, Hennepin County Judge Marilyn Justman Kaman issued an Order in favor of Lenny Segal’s client in a pregnancy discrimination case. In her lawsuit, which the plaintiff brought against both the defendant company and the defendant company’s President, the plaintiff alleged that she was terminated because of her pregnancy in violation of the Minnesota Human Rights Act and the Minnesota Whistleblower Protection Statute. She also asserted claims for violation of the Minnesota Parental Leave Act, Intentional Infliction of Emotional Distress, and violation of the Aiding & Abetting provisions of the Minnesota Human Rights Act. On a summary judgment motion prior to trial, the Court dismissed all of the claims against the Company President and all but one of the claims against the Company (the pregnancy discrimination claim remained). The case went to trial in December 2004 on the plaintiff’s pregnancy discrimination claim. In the Court’s February 14, 2005, Order, the Court found the record “devoid of any evidence of pregnancy discrimination.” In June 2005, the Court ordered the plaintiff to pay a portion of the defendants’ attorneys’ fees and costs.
The information on our site is not intended to provide specific legal advice. You should not rely on any information contained on our website regarding your specific situation until you have consulted with a qualified attorney. |
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