While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to work on a remote basis. For their employers, it’s important to remember that many employment laws are state-based and may vary by jurisdiction. Examples of employment issues that can be controlled by a state or a city’s laws include:
- Income taxes
- Leave or paid leave
- Workers’ compensation
- Substance testing
- Marijuana or medical marijuana
- Unemployment benefits
If you have employees working out-of-state on a remote basis, which laws apply to those remote workers – the laws where they work, or the laws where the employer is located? What if the employee works both remotely and on-site? As a recent Minnesota federal court case demonstrates, the answer is not always cut and dried.
Remote employee fired
Jan Kuklenski began working for Medtronic USA, Inc., a Minnesota-based medical device company, in 1999. Although she never lived in Minnesota, she occasionally traveled to the state for work. During the COVID-19 pandemic, Medtronic directed all employees to work remotely, and Kuklenski did not travel to Minnesota for work any time after February 2020.
In June 2021, Kuklenski began three months of approved medical leave. In early September 2021, she requested three more months of leave. Medtronic filled her position in October 2021 and then terminated her...
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