Just last week, I complained that courts are too often rubber-stamping excessive police force. On cue, the Minnesota Court of Appeals issued a great decision today for Minnesotans who care about police accountability.

In City of Richfield v. Law Enforcement Labor Services, Inc. (on behalf of Nathan Kinsey), the Court of Appeals overturned an arbitrator’s decision to reinstate Nathan Kinsey, who was fired by the City of Richfield police department for repeatedly failing to report use of force.

From the decision:

We agree that Kinsey’s repeated failure to report his use of force makes him a serious risk to public safety and the interest of the public must be given precedence over the arbitration award reinstating him.

…

Reinstating Kinsey—an officer who admittedly failed to report his use of force when he should have and has had prior offenses and warnings regarding the same duty to report—interferes with the RPD’s legal obligation to establish and enforce minimum standards of conduct for its police officers. Specifically, it interferes with the clear public policy in favor of police officers demonstrating self-regulation by being transparent and properly reporting their use of force.

Further, the arbitration award interferes with the public policy against police officers using excessive force because the only way a city and police department can successfully uphold that public policy is if they are given the opportunity to review occasions involving the use of force.

We are aware that our decision today is only the second time this court has vacated an arbitration award involving the reinstatement of a Minnesota Police Officer because of a violation of public policy. See Brooklyn Center, 635 N.W.2d 236 (applying the public- policy exception to vacate an arbitration award that reinstated a Minnesota Police Officer for the first time). We do not take this action lightly, but rather thoughtfully and unanimously. Nevertheless, we are obligated to follow the law. To do otherwise would violate a well-defined and dominant public policy by jeopardizing public safety and undermining public trust in law enforcement.

 

Here at Madia Law, a huge number of the clients we serve are people that have been injured while at work.

In Minnesota, your employer must pay for your care if you are injured at work.  Employers in Minnesota are required to carry workers’ compensation insurance and use that insurance when an employee has been injured on the job.

That said, the first thing you need to do if you’ve been injured on the job is report the injury to a supervisor.

Now – let’s be careful here:  Most employers have policies and procedures around when and how to report workplace injuries.  Most employers require you to report injuries to a supervisor as soon as they happen no matter how small the injury.  Make a commitment today, after reading this post, to look at your employee handbook and read the workplace injury policy.  Familiarize yourself with this policy, commit it to memory, so you know exactly what is expected of you if you get injured.

Even if you don’t know your employer’s specific policy, however, make sure to report all workplace injuries to a supervisor as soon as you are able to do so.  After you’ve reported the workplace injury, follow your employer’s instructions about what to do next.

What if my employer won’t pay for my treatment after I’ve been injured on the job?

In the event that you report your injury to your employer and your employer doesn’t let you fill out paperwork to file a workers’ compensation claim, you’ll need a workers’ compensation attorney.  While we aren’t workers’ compensation attorneys here at Madia Law, we have great relationships with a variety of workers’ compensation attorneys and would be happy to connect you with someone.

What if my employer fires me after I’ve been injured?

Your employer is not allowed to fire you because you got injured on the job.  For that matter, your employer is not allowed to treat you in any negative way because you’ve been injured on the job – that means that your employer is not allowed to demote you, cut your hours, cut your pay, or terminate you because you’ve been injured.

If you feel you’re being treated differently because you were injured on the job, call us at Madia Law for a free consultation.

Image: https://www.entrepreneur.com/article/244475

 

The short answer is: NO.  Your employer cannot fire you if you are pregnant.

 

And, to that end, in Minnesota your employer also cannot place you on an involuntary, unpaid leave when it finds out you are pregnant.

 

Under both state and federal law, an employer is not allowed to discriminate against you because you are pregnant.

 

But what does discrimination look like?

 

Nowadays, we don’t often see the “smoking gun” email where your employer writes “I am terminating you because you are pregnant.”

 

Rather, discrimination looks more like this:

 

Day 1:  You tell your employer your pregnant.

Day 7:  For the first time in your 3-year employment, you are written up for something no one else ever gets written up for.

Day 10:  You receive another write-up for something that doesn’t make any sense.

Day 15:  Your employer terminates you.

 

The discrimination we see in our offices is much subtler than perhaps it used to be.

 

So, what can you do?

 

First:  ALWAYS take notes.  Keep a small notebook with you at work or keep a document easily accessible on your phone.  Write down the dates you have important conversations, like when you tell your boss you’re pregnant.  Write down who is in the room when these conversations happen.  Write down where the meeting occurred and at what time of day.  Write down what you remember being said.  Notes from the actual day something happened are always more powerful than notes coming from your memory.

 

Second:  Try and follow-up in an email after you’ve had these conversations.  For some people this can feel aggressive, but it doesn’t need to be.  Try something like:

 

Dear [supervisor]:

 

Thank you for taking the time to meet with me today and discuss my exciting pregnancy news!  I appreciate your support.

 

I just wanted to make sure I understood everything you said today.  [Briefly recap your conversation].

 

If I misunderstood anything, or if you find out new information, please let me know!

 

Thank you, again.

 

Third:  Listen to your intuition.  If you feel like you are being discriminated against because you are pregnant, there’s no shame in calling an attorney to figure out whether your employer is breaking a rule.  Conversations with attorneys are strictly confidential and, if you call Madia Law, our initial consultation is free.

 

More information for women experiencing health issues related to their pregnancy…

 

Your employer also cannot fire you because your pregnancy is causing you to suffer from a health issue that may require an accommodation.

 

First of all, in the State of Minnesota, employers must provide pregnant women with:

• More restroom, water, and food breaks.
• A spot to sit, whether or not your job usually allows you to sit.

 

Additionally, employers cannot fire you for not being able to lift more than 20 pounds – they must accommodate your need either to abstain from lifting more than 20 pounds or your need for help when lifting more than 20 pounds.

 

No exceptions.

 

However, let’s say your pregnancy is causing you to suffer symptoms that cannot be solved by the above accommodations. Can your employer fire you then?

 

Again, the short answer is: NO.

 

Instead, your employer must engage in what’s called an interactive process.  This means, the employer must have a discussion with you about your medically necessary (meaning, you have a doctor’s note) work restrictions and your job description and figure out with you whether or not things can be done to accommodate those restrictions.

 

For example, let’s say pregnancy is causing you to suffer from frequent migraines.  Your doctor writes you a note telling your employer that these migraines would be less frequent if you were granted more breaks from staring at your computer and if you could work in a dim workspace.

 

First, take this doctor’s note to your supervisor.  Tell them that pregnancy is causing you to suffer from frequent migraines and that the doctor said these things would help.

 

Then, your employer should have a conversation with you about how the employer may be able to help accommodate your needs.

 

Pregnancy is an exciting experience!  Sometimes it can be an all-consuming experience.  But your pregnancy shouldn’t cause you issues at your job – the law helps make sure of that and protects you.

Associate Attorney Cody Blades will be giving a FREE workshop on Motherhood in the Workplace on February 10, 2018  at Blooma prenatal yoga studios in Minnespolis. This workshop will empower pregnant women and mothers by educating them on their rights in relation to their employment. The workshop is perfect for pregnant women, new mothers, doulas, and other professionals guiding women through their pregnancies and postpartum care. Details below.