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Question about Minnesota Labor laws?
I am an hourly manager at a restaurant and last week, I was put in the position of firing an employee. He had been repeatedly warned, written up, and spoken to for his conduct and non-performance. The firing came after he had been given (verbally & in written form) his last chance to improve. Backing me, the Kitchen Manager signed off on his termination.
I found out today that, while the General Manager is currently away on vacation and during the Kitchen Manager's days off, this employee was allowed to come back to work. Since this employee has worked two shifts after the termination, the Kitchen Manager is reluctant to do anything (even though he did not authorize the employee's continued employment, nor was he informed about it) for fear of breaking state/federal labor laws. Can someone provide an answer about the il/legality of re-terminating this employee in this particular instance?
He was fired...letting him come back to work constitutes a rehiring...meaning...you can refire him, but only if you have cause (Minnesota is the only state in the country that requires this). The cause will have to be based on conduct AFTER the most recent hiring...by hiring him back, you've waived the right to fire him for anything he did before that point.
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