EMPLOYMENT LAW


  • Personnel handbooks and policies are a critical component to your business. They provide information to employees about the employer’s expectations and policies. They are often one of the first things reviewed when legal issues arise. A well-drafted and thought through handbook is an asset to a business. Poorly drafted handbooks, on the other hand, can cause unnecessary headaches or legal issues.

    It is important that your handbook is accurate and up-to-date. If you are looking to have your current handbook reviewed as a result of new legislation or because it has not been reviewed by a legal professional in a while (or ever) we are happy to assist you. If you don’t have a handbook or are looking to implement a more comprehensive handbook, we can assist you in drafting a handbook tailored to your entity’s needs.

    We have experience working with industries such as education, manufacturing, health care, transportation, cooperatives, construction, professional services, childcare, retail, hospitality, non-profits, and more.

  • Unsure of how to handle changing wage and hour laws? Need advice on how to handle discrimination or harassment complaints, disciplinary matters, or leave issues? Blethen Berens is here to help guide you. We regularly provide advice to employers on a wide range of topics. This includes talking an employer through a decision making process, helping them understand their options, or assisting them in implementing the decisions made, including drafting various documents. Some examples of what we do include:

    • Drafting employment agreements

    • Drafting Independent Contractor Agreements

    • Assisting employers with disability, religious, pregnancy and other accommodation requests

    • Helping employers with questions regarding hiring

    • Walking employers through discipline and termination decisions

    • Assisting employers with drug, alcohol and cannabis laws and their impact in the workplace

    • Drafting disciplinary documentation

    • Assisting employers with FMLA administration

    • Helping employers respond to unemployment requests

    • Representing employers who receive EEOC or MN Department of Human Rights charges

    • Drafting separation agreements

    Our extensive background includes working with industries such as education, manufacturing, health care, transportation, construction, cooperatives, professional services, childcare, retail, hospitality, non-profits, and more. You can depend on Blethen Berens for prompt, clear, practical and helpful employment advice, no matter what kind of business you have.

  • We recognize that while disputes with employees can be expensive and use valuable company time and resources, sometimes there is no alternative to a lawsuit. Our experienced trial attorneys represent our clients in employment disputes in state and federal court and before administrative bodies. We defend employers in a multitude of matters including discrimination, harassment, disability, wrongful discharge, non-competition, and wage and hour claims. We are regularly hired by businesses directly for their litigation needs, as well as being hired as defense counsel by the businesses insurance company. If you are an employer facing employment litigation, trust in Blethen Berens to advocate for you.

  • Many companies have highly confidential and unique proprietary information that they must protect. Some examples of this confidential information include trade secrets, customer or client information, computer systems, research and development, equipment and processes, formulations, and marketing and pricing strategies. The attorneys at Blethen Berens understand that a company’s client and customer relationships and confidential information are key to business success. Should your organization and an employee decide to part ways for any reason, your company’s confidential and proprietary information and your customer relationships are yours to protect.

    Blethen Berens can assist you with drafting an agreement to help protect your company’s valuable information and protect against damaging competition from former employees. Non-competition agreements can be used to prevent competition while a person is employed by the entity, and in some other limited circumstances. Non-solicitation agreements may be used to prohibit former employees from contacting, soliciting or performing work for clients, employees, vendors and/or other resources of their former employer. Confidentiality agreements notify employees of their obligation to protect certain information. Blethen Berens can guide the drafting of these documents.

  • When an employer becomes aware of a concern regarding protected class harassment or discrimination, the entity has a legal obligation to investigate the concern and take appropriate remedial action. . Sexual harassment or other protected class harassment or protected-class discrimination is not only illegal, it can seriously disrupt the workplace environment. Complaints of unlawful harassment or discrimination must be investigated and addressed immediately. If harassment has been reported, thorough documentation and investigation are crucial.

    The Blethen Berens employment law team diligently conducts sexual harassment and other investigations for employers to ensure that employers are appropriately addressing reports and taking any necessary corrective action.

  • The employment law attorneys at Blethen Berens are well-versed in conducting training for human resource teams and employees of all levels. We are familiar with the language, culture and operations of a variety of industries and can tailor training sessions to meet your specific labor issue needs. Training from our employment law attorneys can provide education for your staff on changing laws that may impact your organization and can help your supervisors in performing their management functions for your entity..

    Welcoming our team to conduct in-house training will help minimize your risk, educate staff, and empower your team. Invest in your team and your company’s future with supervisor and employee training from Blethen Berens.

At Blethen Berens, our employment law attorneys are dedicated to providing clients with comprehensive strategies for dealing with the complex and ever-changing relationship between employers and employees. Our practice is designed to increase awareness and decrease the exposure employers have with regard to employment-related claims. We regularly present seminars to and provide in-house training for our employment clients regarding employment-related issues and the changes in the laws which impact them.

Our services, when engaged in a preventative manner, are an investment that will pay dividends by increasing awareness and decreasing the costs resulting from employee turnover and litigation. Our lawyers advise employers about statutory compliance, such as ADA and FMLA compliance, hiring, documentation and discipline and termination, as well as non-competition and non-solicitation rights.

In the event of employment litigation, our lawyers are highly skilled in representing employers in areas of employment law including discrimination, harassment, wrongful discharge, contract and defamation litigation, unemployment appeals and the enforcement of non-competition and non-solicitation agreements. Members of our employment and labor law team also conduct harassment investigations for employers, and represent employers before the Equal Employment Opportunity Commission and the Minnesota Department of Human Rights, as well as at all court levels.

The lawyers practicing in this area routinely represent employers in their dealings with organized employees and their union representatives. We take a strategic approach to every engagement, assisting employers in the negotiation and execution of collective bargaining agreements, developing and implementing union avoidance strategies, preparing strike responses, and arbitrating grievances.

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