Practice Areas and Legal Definitions

Labor Laws:
Historically, labor laws have focused on such matters as eliminating unsafe workplace conditions, securing a living wage for employees, and eliminating, or at least, tempering the strife that often occurs between employee and employers. 

Labor and Employment attorneys can help employees with the following:

• Assisting with federal and state wage and hour law issues and claims
• Representing employees before the Equal Employment Opportunity Commission (EEOC) and state human rights agencies
• Representing employees in litigation against employers for violations of anti-discrimination laws.

Employment Law:
Employment law is a well-established body of statutes and judicial decisions covering all rights and obligations within the employer-employee relationship, including current employees, job applicants and former employees.  It covers a wide range of legal issues, ranging from employment discrimination and wrongful termination to matters involving wages and workplace safety.  Many employment law issues are governed by applicable federal and state employment law, but a number of issues are determined according to basic contract law.

Employee Rights:
All employees have basic rights arising from both state and federal laws.  Some of these rights include:  the right not to be subjected to discrimination on the basis of race, national origin, skin color, gender, pregnancy, religious beliefs, disability, age, and in some places, marital status or sexual orientation; the right to a workplace free of harassment; the right to be paid at least the minimum wage as provided by federal or state law; the right to overtime wages as provided by federal or state law; the right to a safe workplace and the right to take leave to care for a personal or family member's serious illness, or following the birth or adoption of a child.

Employment Discrimination:
Discrimination generally occurs when an employee is intentionally treated differently because of race, color, religion, national origin, disability, gender, age, and in some states, sexual orientation.  Employment discrimination claims may be prosecuted under various state and federal statutes.  Even if the employee’s evidence is sufficient to show discrimination, an employer may be able to justify a particular job action by demonstrating that such treatment arose out of business necessity, or that a legitimate job qualification required consideration of factors that had an unintentional discriminatory effect.  When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer’s justification, was the true reason for the action.

Age Discrimination:
It is unlawful for an employer, employment agency or labor union to discriminate in employment on the basis of age.  This includes refusing to hire an individual or firing an employee.  It also includes an individual’s compensation, the terms, conditions, and privileges of his or her employment, and all employee benefits.

Disability Discrimination:
Both the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 protect individuals with disabilities from employment discrimination.  An individual with a disability is defined as someone who has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment.  The term is broadly defined to include any physiological, mental or psychologically-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment—the impairment must cause a substantial limitation to a major life activity.  Temporary conditions, such as a broken arm or the flu, would not be considered substantial limitations amounting to a disability entitled to statutory protection.

Wrongful Termination:
Termination of employment cannot be classified as "Wrongful Termination" unless it is in violation of some fundamental public policy, as set forth in a state or federal statute, regulation or constitutional provision.  Examples of Wrongful Termination include situations where:

• An employee is discharged for failure to comply with an order to perform an act that violates some law, ordinance or regulation, or
• An employee is discharged in retaliation for complaints about conduct by the employer that he or she believes to be unlawful, e.g., failure to pay overtime, or failure to comply with safety regulations.

Sexual Harassment:
Sexual harassment is any unwanted and unwelcome sexual behavior.  It involves a broad range of conduct, including such verbal harassment as derogatory comments, explicit sexual comments and descriptions of sexual exploits, leering or requesting sexual favors.  The term also describes physical harassment, ranging from inappropriate touching to outright sexual assault. In order to be classified as illegal the conduct in question must be both unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, prohibited in employment settings under Title VII of the Civil Rights Act of 1964.  Title IX of the 1972 Education Act makes sexual harassment in schools or other educational settings unlawful.  The Federal Fair Housing Act also provides protection against sexual harassment, and most states have enacted legislation making it unlawful.

Overtime Compensation:
Under both State and Federal law employers are required to pay additional compensation to eligible employees who work more than forty hours during any seven-day period.  For every hour over forty hours in any given workweek the employer must pay the eligible employee at least one and one-half times the employee's ordinary hourly rate.

Defamation (Libel & Slander):
Defamation is the communication of a false and unprivileged statement that exposes another to hatred, contempt or ridicule, or which causes him or her to be shunned or avoided, or which has a tendency to injure him or her in his or her trade or occupation.  The defamatory statement must be communicated to someone other than the person to whom it refers and it must refer to a living person.

Defamation communicated verbally it is called "Slander," but if it is communicated in writing, it is called "Libel".  As a general rule it is easier to recover damages in a lawsuit for libel than in a slander lawsuit.  Most defamation litigation in the employment arena concerns the employer’s “qualified privilege” to defame.  Under this concept, employers and former employers are often protected from liability for defaming employees or former employees.  By its very definition, however, the privilege is “qualified,” and not “absolute”.  It is generally limited to situations in which the employer or former employer is making a good faith communication of information to someone who has a legitimate interest in receiving it.  A good example of this is a former employer’s good faith response to a new or prospective employer’s inquiry about the job performance of a former employee.  Generally speaking, even if the information given is false and damaging and would otherwise give rise to a defamation lawsuit, it will be protected under the “qualified” privilege.

If the communication exceeds the scope of the privilege, the privilege is not available.  For example, if the communication to your new or prospective employer is not in response to an inquiry, but a voluntary and unsolicited communication, liability for defamation will attach if the information is untrue.  Even if the communication is made in response to prospective employer’s inquiry, false and damaging information will not be protected by the privilege if it is made with knowledge or reckless disregard of its falsity, or with the intent to cause injury to the former employee.  It is important to remember that however damaging it may be, a truthful statement cannot form the basis of a defamation lawsuit.  This legal truism is often expressed in the phrase:  "The Truth is a complete defense to a defamation action".

Non-competition Agreements:
Non-competition agreements are provisions contained within an employment contract which restrict the activities of an employee after leaving the service of the company.  Courts treat non-competition agreements with suspicion—with an eye toward preventing unnecessary and unreasonable interference with a person’s livelihood after severance of the employer/employee relationship.

The Courts will often decline to enforce “unreasonable” non-competition agreements.  A non-competition clause in the agreement under which a used car lot employs an auto mechanic will likely be summarily rejected by the court as unreasonable.  The agreement must be reasonable in duration.  A non-competition agreement barring the sales manager of a used car lot from engaging in the used car business for the rest of his or her life, or for 50 years, would probably be denied enforcement, while one with a 2-year term might well be enforced.  Non-competition agreements must be reasonable in the area covered.  If the agreement precludes the sales manager from engaging in the used car business anywhere in North America, it will almost certainly be denied enforcement as unreasonable.  If the area is limited to Minneapolis, for example, it would probably withstand court scrutiny.

Whistleblower Claims:
Whistleblower Claims involve employer retaliation, sometimes to the extent of Wrongful Termination, against an employee who reports the improper or unlawful conduct of another employee or of management itself to government authorities.  It is illegal for an employer to retaliate against a “whistleblower.” Whistleblower claims are not available to employees of private sector employers.

Workers’ Compensation:
Workers’ Compensation is a state-run system under which employees receive various types and levels of compensation for on-the-job injuries. Minnesota Law prohibits discrimination against an employee for pursuing, in good faith, a workers compensation claim.

If you or someone you know in Minnesota needs the assistance of an experienced Minneapolis Labor and Employment Attorney, call Mansfield, Tanick & Cohen, P.A. today at 866-735-5016, or complete the contact form provided on this site to schedule your free consultation.

MEMBERS OF THE FIRM:

Seymour J. Mansfield

EDUCATION:

• De Paul University College of Law, Chicago, Illinois, 1969
  • J.D., Doctor of Jurisprudence
  • With Honors
  • Law Review: De Paul Law Review, Editor-in-Chief, 1969
• University of Illinois, Urbana, Illinois, 1966
  • B.S., Sociology

• Minnesota, 1978
• Illinois, 1969
• U.S. Supreme Court, 1975
• U.S. District Court Northern District of Illinois, 1970
• U.S. District Court District of Minnesota, 1978
• U.S. District Court Eastern District of Pennsylvania, 1994
• U.S. District Court Western District of Wisconsin, 1995
• U.S. Court of Appeals 7th Circuit, 1970
• U.S. Court of Appeals 8th Circuit, 1984
• U.S. Court of Appeals 3rd Circuit, 1997

• Hennepin County Bar Association
  • Member, Past Board Member
• Minnesota State Bar Association Foundation
  • President, 1997-1998; Board, 1994-Present
• American Bar Association
  • Member, Past Delegate-House of Delegates
• National Employment Lawyers Association
  • Firm Representative
• Lawyers Associated Worldwide
  • Executive Committee
  • Chair of the ADR Project Committee
• Possis Medical, Inc.
  • Board of Directors, 1984-Present
  • Compensation Committee, Chairman 1997, Member 1990-Present
  • Executive Committee, Chairman 1998-Present, Member 1990-Present
  • Outside Directors, Governance and Nominating Committee 2004-Present
• Fund for Legal Aid Society
  • Board of Directors, 1982-Present
  • Executive Committee, 1998-Present

• Stanford Law School, Stanford, California, 1973
  • J.D., Doctor of Jurisprudence
  • Summa Cum Laude
  • Order of the Coif
• University of Minnesota, Minneapolis, Minnesota, 1969
  • B.A., Bachelor of Arts, Journalism
    
  • Summa Cum Laude
  • Phi Beta Kappa
  • Kappa Tau Alpha
  • Minneapolis Star Tribune Scholarship

• Minnesota, 1974
• California, 1973
• U.S. District Court District of Minnesota, 1974
• U.S. Court of Appeals 3rd Circuit, 1993
• U.S. Court of Appeals 7th Circuit
• U.S. Court of Appeals 8th Circuit, 1974
• U.S. Supreme Court, 1992

• Minnesota State Bar Association, 1974 - Present
• Hennepin County Bar Association, 1974 - Present
• American Bar Association, 1974 - Present
• Minnesota Journalism Alumni Association, 1978 - 1987
• Minnesota News Council, 1987 - 1993
• American Arbitration Association
  • Member, Panel of Arbitrators
• Hennepin County District Court
  • Member, Panel of Arbitrators
• University of Minnesota Daily Alumni Association, 1989 - 1992
  • President
• American Bar Association, Litigation Magazine, 1985 - 1988
  • Editor
• Bench & Bar Magazine, 1991 - Present
  • Contributing Editor, Labor and Employment Law
• Hennepin Lawyer Magazine, 1987 - 1989
  • Editor
• No-Fault Arbitration Panel
  • Member
• Legal Advice Clinics
  • Member
• University of Minnesota First Amendment Fund
  • Chairman
• Hennepin County
  • Vice-Chairman, Fee Arbitration Committee
  • Member, Ethics Committee
• University of Minnesota School of Journalism Alumni Association
  • Director
• Minnesota State Bar, Bench & Bar Magazine, 1990 - 1993
  • Editor
• Minnesota Summary Reporter, 1991
  • Contributing Editor, Employment, Constitutional Law, and Media Law
• Twin Cities Employment Weekly
  • Guest Columnist, Finance & Commerce
  • Columnist, Employment Law
• Minnesota Continuing Legal Education
  • Committee Member

• University of Minnesota Law School, Minneapolis, Minnesota, 1973
  • J.D.
• University of Minnesota, Minneapolis, Minnesota, 1970
  • B.S., Business Administration
  • Sigma Alpha Sigma
  • With Distinction

• Minnesota, 1973
• District of Columbia, 1981
• U.S. District Court District of Minnesota, 1973
• U.S. Court of Appeals 8th Circuit, 1973
• U.S. Tax Court, 1981

• Pension Trust Officer
• United Systems Technology, Inc., 1995 - Present
  • Director
• Hennepin County Bar Association
• Minnesota State Bar Association
• American Bar Association
• International Association for Financial Planning - Personal Finance Forum, 1994, 1996
  
  • Program Chairman, Minnesota Chapter

• William Mitchell College of Law, St Paul, Minnesota, 1994
  • J.D.
• University of Wisconsin-Madison, Madison, WI, USA, 1991
  • B.B.A., Business Administration with emphasis on Risk Management

• Minnesota, 1994
• U.S. District Court District of Minnesota, 1995
• U.S. Court of Appeals 8th Circuit, 1995

• American Bar Association, Real Property Section
• Minnesota State Bar Association