Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 88
SUITS INVOLVING EMPLOYMENT LAW
Section
§ 88.01 Suits by Employees
§ 88.02 Employment Doctrines in Case Law
§ 88.03 Administering Employment Arrangements
§ 88.04 Employment after Corporate Reorganizations
§ 88.05 Employment Discrimination Suits
§ 88.06 Employment Policy Administration
§ 88.01 Suits by Employees
Theories or bases for suits by employees parallel those invoked by
creditors and shareholders because they may often have similar interests
in stock distributions and fulfillment of fiduciary duties, loyalty duties,
and the duty of care.1 Some employees play the dual role of a
shareholder/employee. With this sort of make up the person would be
entitled to bring different types of actions. For example, without the
shareholder status, an employee could only bring a class action and not a
derivative action. Additionally, employees will have individual rights
related to their employment contract.
Employment law derived from the English common law approach of
unregulated employer-employee relations. Over time though, the
Legislature, with the input of employer and employee groups, has
intervened and established laws and guidelines about how the two sides
must treat one another. Courts have similarly developed a body of law
controlling employment relations. Together, a plethora of laws exists for
both sides’ protection and while employment at will still exists, it has
become conditioned. Please see Chapter 58 of this work.
The concept of employment at will dates back in the United States to
the time of the Industrial Revolution. During this time, business
obviously was expanding and with this expansion came the growth of
companies, both in numbers and size. As companies got bigger, a
depersonalization arose between the workforce and management.
Additionally, other economic and social forces like “freedom of contract,
free enterprise, and laissez-faire provided the foundation for its wide
acceptance.”2 The idea was that employees could not be compelled to
work, but by the same token employers should not be required to hire or
retain employees. Thus, when courts created the concept of at-will
employment it was based on the freedom to contract and the mutual right
to terminate the employment relationship.
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis