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Time to Get Started in a Busy April

fiebigerste51715443 • Apr 01, 2016

Greetings - This is my initial blog post for my website from my law office in Burnsville, MN. I plan to provide useful and informative information about the areas of my law practice and affecting the areas of my practice from time to time for the reader's information. These will include pieces on employment law, appeals, civil litigation, guardianship and conservatorship law, and general information. My background as a lawyer for over 32 years has given me experience in all of these areas. I look forward to being of service to provide general information on my blog site. This should not be construed as legal advice but as general information.

I am a member of the board of directors of the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA). We hold a monthly meeting in Minneapolis and on Tuesday, April 12, 2016, I will be co-moderating a panel with attorney Frances Baillon of Minneapolis entiteld "Mediation and Settlement Conferences: What works and what doesn't." Our distinguished panel will include former U.S. Magistrate Judge Arthur J. Boylan, Gina K. Janieiro, managing partner at Jackson Lewis, and Megan Kelly, Employee Relations Counsel at Target Corporation. The panel will explore settlement conferences and mediation from the inside out with an experienced employment law mediator, defense counsel, and in-house counsel.

On April 15, 2016, I will be co-presenting with attorney Douglas Micko of Minneapolis at the Eighth Circuit Employment Law Update in Kansas City, MO, focusing on decisions of the U.S. Supreme Court and Eighth Circuit Court of Appeals affecting employment law. This is part of a conference presented by the Eighth Circuit Chapter of the National Employment Lawyers Association and is held every two years. Several decisions affecting employment law have come out in the past two years and the landscape for decisions will be unclear with only eight members on the Court following the death of Justice Antonin Scalia in February. President Obama has nominated D.C. Circuit Court Chief Judge Merrick Garland to replace Justice Scalia, but his nomination is stalled at the Senate. Judge Garland is 63-years old and his background includes working as a federal prosecutor in the Oklahoma City bombings. Cases ending in a 4-4 "tie" at the Supreme Court result in the previous decision remaining intact. It will be important for the ninth spot to be filled soon so that the Court can fully conduct its business.

Thank you for reading and visiting my blog. I look forward to you visiting again.

Fiebiger Publishes Op-Ed Piece in Star Tribune

By 7016469807 • 08 Apr, 2024
In February, 2024, I authored an op-ed piece on gun violence that was published by the Star Tribune. Here is the link: https://www.startribune.com/counterpoint-restricting-ammunition-is-our-leverage-against-gun-violence/600346585/

New Law Bans Non-Compete Agreements in Minnesota

16 Dec, 2023
Minnesota has banned non-compete agreements effective July 1, 2023. The new law provides that “Any covenant not to compete contained in a contract or agreement is void and unenforceable.” The law affects employment contracts that included restrictive covenants for employee agreements. A covenant not to compete does not include a nondisclosure agreement, or agreement designed to protect trade secrets or confidential information. A covenant not to compete also does not include a nonsolicitation agreement, or agreement restricting the ability to use client or contact lists, or solicit customers of the employer. Covenants not to compete in connection with the sale or dissolution of a business are not affected. The new law is set out in Minnesota Statute Section 181.988. The ban on non-compete covenants in employee agreements does not apply to agreements entered before July 1, 2023.

Five Tips for Employees Facing Discrimination, Harassment, or Illegal Conduct

By Hibu Websites • 23 May, 2022
Employees facing hostile working conditions such as sexual harassment, discrimination, or other illegal conduct can take steps to protect themselves and their rights. Here are five tips. 1. Document incidents and events. Keep a written journal. When events occur that are hostile, offensive or discriminatory, make a note to record the date, time and circumstances. Keep a record of offensive comments and situations and who you have talked to about it. You can record it in a spiral notebook, a calendar, or notes. Consider maintaining it in written form so you own it. An electronic method is fine, so long as you have ownership of the device. 2. Make sure your documentation remains accessible if the employment ends. In other words, do not leave it at the office or on a work computer or device. 3. Obtain a copy of the company’s human resources policies and read the section on reporting complaints. Employees are required to follow reasonable policies for reporting complaints of harassment and discrimination for investigation and resolution. Employees are required to report discriminatory harassment by co-workers and an be important harassment by supervisors. If a complaint is made, keep a copy. 4. Request a copy of your personnel record. In Minnesota, employees have the right to review their personnel record every six months while employed. If separated from employment, employees have the right to request a copy from the employer at no charge. The request must be in writing. Employers must comply with a written request no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state. 5. Consider recording conversations. Generally, conversations can be recorded so long as one party to the conversation consents. While not practical for all situations, recordings can dispel later disputes about what was said.

Fiebiger Re-Appointed by Governor Walz to Merit System Council

By 7016469807 • 23 Apr, 2022
Stephen Fiebiger was re-appointed to the Merit System Council by Governor Tim Walz for a three-year term. Fiebiger’s appointment is from March 30, 2022 to January 6, 2025. The Minnesota Merit System announces civil service examinations for employment in the social services and human services agencies in 42 of Minnesota’s 87 counties. The Merit System Council hears personnel appeals, sets policy for administration of examinations, and reviews classification and compensation plans and proposed rule changes according to the news release from Governor Walz and Lieutenant Governor Flanagan.

Minnesota Supreme Court Reverses Summary Judgment in Wrongful Death Case

By Hibu Websites • 08 Oct, 2021
The Minnesota supreme court recently reversed a summary judgment in a wrongful death negligence case involving a woman who died after falling down a flight of stairs claimed to have been negligently maintained. Examining proximate cause and circumstantial evidence under the summary judgment standard, the court found genuine issues of material fact existed so that a jury could infer the poor and degraded conditions of the stairs was a substantial factor in causing the fall. The court rejected other theories as being dispositive of the case, including the absence of an eye witness. The case is Staub v. Myrtle Lake Resort, LLC, et al., Case No. A20-0267.

Court of Appeals Decision Allows More Flexibility for Proving Discrimination

By Steve Fiebiger • 08 Aug, 2021
The Minnesota Court of Appeals issued a precedential decision on July 26, 2021 in an age discrimination case under the Minnesota Human Rights Act (MHRA) containing helpful language for proving the third and fourth elements of the prima facie case. The four-part prima facie case must be established for most discrimination claims under the McDonnel Douglas test used by the courts. The case is Henry v. Independent School District #625, a/k/a St. Paul Public Schools, Case No. A21-0004. For the third element requiring evidence the employee suffered an adverse employment action, the Court observed that "the concept of an adverse employment action is broader than proof of discharge or constructive discharge, and may also be proved if an employee presents evidence that, when considered cumulatively, could lead a reasonable juror to conclude the employee suffered a tangible change in working conditions that produces a material employment discharge." Op. at 15. The Court focused on the use of three performance evaluations in less than a year; exaggeration of trivial performance issues to support discipline; placement of the employee on an unachievable PIP with the intent that the employee would fail or resign; issuance of a letter threatening termination if she didn't accomplish the goals of the unachievable PIP; more harsh reprimands than for other employees; denied opportunity to attend a training session; and comments by the lead manager creating an environment where employees were reluctant to report discriminatory conduct. Id. at 15-16. The cumulative effect of these actions caused the employee to suffer an adverse employment action. The Court also used a more flexible standard for the fourth element by ruling it could be satisfied upon a showing that circumstances exist that give rise to an inference of discrimination, in lieu of having to show the employee was replaced by a person outside of the protected class. Id. at 14. In age cases this required replacement by a younger person. Hence, evidence of pretext can be used to satisfy this element if the employee has not been replaced by a person outside the protected class. This may well gain review by the supreme court, but since the decision was designated as precedential by the Court of Appeals, it will be useful until the supreme court rules otherwise.

Absentee ballots available for voting in primary and general elections

By fiebigerste51715443 • 18 Jul, 2020
Minnesotans can vote by mail without having to personally visit their local polling site for the upcoming primary election on August 11, 202 and general election on November 3, 2020. You can have a mail in ballot sent to you by visiting mnvotes.org and requet an absentee ballot be mailed to you..

Minnesota supreme cout orders new defamation trial

By fiebigerste51715443 • 05 Jul, 2020
On February 26, 2020, the Minnesota supreme court ordered a new trial in Larson v. Gannett Company, Inc., a media defamation case handled by Mr. Fiebiger, reversing a previous decision by the Minnesota Court of Appeals. Larson claimed he was defamed by statements published by KARE 11 and The St. Cloud Times following his arrest for the murder of Cold Sping police officer Tom Decker in November, 2012 and a news conference and news release by law enforcement. The supreme court ruled that the fair reporting privilege applied to five statements published by the defendants, but that a new trial was required to determine whether the privilege had been defeated or abused. The district court had not instructed the jury on the factors to consider in determining whether the privilege had been abused. The supreme court adopted Larson's argument that the falsity instruction given at trial was insufficient and incomplete to determine whether the privilege had been defeated. This should be decided by a jury. The media defendants' petition for rehearing was denied by the suprme court on March 30, 2020. The supreme court's opinion is published at 940 N.W.2d 120 (Minn. 2020). A new trial date in Hennepin County District Court has not been set.

U.S. Supreme Court Rules Gay and Transgender Employees Protected from Employment Discrimination by

By fiebigerste51715443 • 15 Jun, 2020
In a landmark decision today, the United States Supreme Court ruled that gay and transgender employees are protected from discrimination in employment by their employers under Title VII of the Civil Rights Act. The Court held that an employer who fires an individual merely for being gay or transgender violates Title VII. The 6-3 decision is Bostock v. Clayton County (17-1618) with the majority opinion authored by Justice Gorsuch. Justices Alioto, Thomas, and Kavenaugh dissented.

Court Filing and Discrimination Charge Filing Deadlines Suspended During COVID 19 Pandemic

By fiebigerste51715443 • 23 Apr, 2020
On April 15, 2020, Governor Walz signed into law HF 4556 suspending all civil court filing deadlines, statutes of limitations, and other time periods prescribed by law in the district and appellate courts. The limitations are suspended until 60 days after the end of the peacetime emergency from the COVID 19 pandemic.
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