Can Your Business Afford An "Accident"?

Let’s face it, accidents happen. They happen at home and they happen at work. People make mistakes, get distracted or just don’t pay attention and accidents happen, it is human nature. Sometimes the accidents are small and harmless and other times they are serious and costly.

Last month, a twelve year old Florida girl was seriously injured after falling 100 feet from the amusement park ride Terminal Velocity at Extreme World in Lake Denton, Wisconsin. Recently, the employee, who was working the ride when the accident happened, was charged by local prosecutors with one count of first degree reckless injury, because he claimed he “blanked out.” He said he never got the all clear signal from the employees on the ground before letting the girl drop.

This accident is costly in many ways. The employee is charged with a felony punishable by up to 25 years in prison and a $100,000 in fines. The employer is dealing with negative publicity, lost revenues due to the ride's closure, and most likely looking at some type of lawsuit, although liability maybe limited due to various disclaimers which appear on the ticket stubs. And of course, the family is dealing with the injuries received by their young daughter, who may or may not be left paralyzed from the fall.

Can all accidents be avoided? No. But, you can do your best to prevent them and limit the affect on your business.

I’m sure I sound like a broken record, but I can’t stress the importance enough - train your employees. Conduct refresher training periodically, especially when it involves safety issues, because you can never be too careful. Make sure employees know their job duties, especially when specific steps have to be done in a particular order. Talk to your employees, get their input on the kinds of training they would like or would find helpful. Ask the employees if they understand their job duties. The goal is to prevent an accident from harming your business.
 

Summer Night of Beer & Bloggers

Last night, I enjoyed a pleasant summer evening at Seven Sushi Ultralounge and Skybar engaged in lively conversation with other Minnesota bloggers and attorneys. Kevin O’Keefe with LexBlog, whom I have known for almost 15 years since he was a practicing attorney in Wisconsin and I was his paralegal, hosted the event while visiting Minnesota. It was fabulous to get a chance to catch up with Kevin about work and family after so many years and learn more about blogging. It was also nice to meet and get to know local attorneys including Marty Rosenbaum, Sam Glover and Peter Berge. The summer evening was made even better by the victory of the Minnesota Twins over the Chicago White Sox. GO TWINS!!!

Scorned Employees Get Revenge Through Social Media

Some would say there is nothing worse than a woman scorned, except maybe an employee scorned by their employer. Before the Internet, scorned or disgruntled employees told all of their family and friends about how bad their job was, how unfair their boss treated them, or how lousy their employer’s products were. Today the Internet can take the comments of a scorned or disgruntled employee and make them viral in a matter of hours through Facebook, Twitter, YouTube, or a blog.

No workplace is exempt from the wrath of a scorned employee, not even a law firm. The ABA recently blogged about a former associate of Levinson Axelrod, a New jersey law firm, and the “cyber-assault” created by the associate’s blog site “Levinson Axelrod Really Sucks.” The parties have reached a settlement and the blog site has since been removed, but not until many blogs were posted and a lawsuit was commenced.

Employees have taken to using the Internet to vent about workplaces, co-workers, and bosses. Several websites encourage employees to talk candidly about their jobs including:

  • www.workrant.com, which offers a bulletin board for employees to express their workplace frustrations,
  • www.glassdoor.com, which offers company reviews including salaries,
  • www.vault.com, which offers help with resumes, career changes, and the chance to $500.00 if you submit a review of your employer, and
  • www.jobvent.com which asks employees, “Love your job, hate your job, share your experience, post an anonymous review of your company.”

Workplace rants by employees using social media can be a real headache for any business. Having a plan and a strategy is the first step for any employer. The question is not whether a workplace may be attacked through social media by a scorned employee; the question is when will it happen. I have blogged about the need for any business with employees to have a tailor-made social media policy in place, and to train employees on the policy. Having the name of a good media relations firm on hand is also a good idea, to be able to respond quickly to the viral attack, and to manage the response of your business. 

Minnesota Cities Are Getting Creative About Saving Money.

In this economy everyone is looking to save a dollar or two (or make an extra dollar or two), if possible. So, how do people do it? They ask others for suggestions. There are hundreds of books, websites, and blogs available with tips on how to save money, get out of debt, or make extra cash.

Well, Minnesota cities are doing the same thing. The State of Minnesota is grappling with a $6 billion dollar shortfall in the next biennium and has already cut local government aid to cities and counties repeatedly over the last few years. Because of this, cities are having to cut back on services, hours, and spending, just to name a few things. So, how should cities deal with budget cutbacks while still maintaining services? The League of Minnesota Cities is doing what the average person would do, it is asking others for suggestions. In June, the League posted a unique video set to slam poetry on its blog and youtube and directly asked citizens for creative ways to keep city costs in line. The Star Tribune reported last week, 3,100 citizens have responded to the League with suggestions. The League is compiling the comments left on the www.outsidetheox.org website, and sharing the information with community leaders.

Everyone from businesses, to local government, to citizens is struggling in this economy. It is nice to see people asking for help and giving suggestions on how to weather this storm. If you are a public employer in Minnesota don’t be afraid to ask your citizens what they really need from you, it could help you make some of those tough budget decisions.

** The League is a membership organization dedicated to promoting excellence in local government. It serves its more than 800 member Minnesota cities through advocacy, education and training, policy development, risk management, and other services.
 

The ABA Annual Meeting in San Francisco

I am back from presenting on social media issues and the workplace at the ABA Annual Meeting in San Francisco. I offered my insights on the need for social media policies at workplaces, after a lively presentation by famous mommy blogger Heather Armstrong, who was “dooced” after anonymously blogging about her boss. The third member of the panel was Minnesota IP attorney Ken Kunkle who enlightened the audience on copyright and trademark concerns surrounding social media. It was a fun legal presentation, on a very timely issue facing many employers today.

The three of us met at the W Hotel for breakfast before the presentation.  Heather Armstrong is engaging, very personable, and very tall!  Ken Kunkle is one of the brightest IP attorneys I know, and a really nice guy.

ABA On-Line did a great job of summarizing the points I made during my presentation, to encourage employers to adopt a social media policy to fit their workplace. The ABA linked to a study which reported only about 30% of American workplaces report having a social media policy.  Informing employees about workplace expectations is a basic mantra of our firm, in addition to making employees aware of the consequences for violating workplace policies.

 

Minnesota Marital Status Discrimination Law Clarified

It seems like I have been blogging a lot recently about discrimination cases, but new and interesting cases keep coming across my desk. Here is yet another. Earlier this spring, the Minnesota Court of Appeals interpreted a 22-year old amendment to the definition of “marital status” under the Minnesota Human Rights Act (MHRA). The court found for the plaintiff in Taylor v. LSI Corporation of America, (Minn. App. 4/27/2010) (pdf), stating in order to have an actionable claim of marital status discrimination, it is not necessary to show the alleged discrimination was a direct attack on the institution of marriage. In Taylor v. LSI Corporation of America, Ms. Taylor claims she was let go from her job just because her husband, who was in management at LSI, was being forced to resign his employment with the corporation.
 

The court’s decision is based on a 1988 legislative amendment to the MHRA which defined marital status in employment cases to include “protection against discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse.” Minn. Stat. § 363A.03, subd. 24. The Court wrote, “The crux of appellant's claim is that LSI terminated her based on the identity and situation of her spouse, a co-employee whose forced resignation was occurring at the same time. This claim falls squarely within the statutory definition of "marital status."”

The case has been remanded back to the District Court for further proceedings.

What should employers take away from this case?

1) Consider each employee’s continued employment on the merits of his/her performance.
2) What is good for the goose is not necessarily, what is good for the gander.
3) Lastly, don’t automatically terminate the employment of one spouse, just because another spouse is being terminated.