Nicholas May, Fabian May & Anderson

What are the biggest challenges you currently see in employment law?

The challenges remain the same: Employers continue to choose profit over people. They routinely terminate or exclude employees from work due to perceived stereotypes, a desire to avoid having to provide “disruptive” leave for pregnancy or other medical reasons, and often retaliate against employees who are simply reporting when the employer is violating the law. Employment laws are perceived by employers as a “cost” instead of a way to provide an equal playing field that allows qualified people to get and keep their jobs.

What are the biggest misconceptions about the field of employment law?

Lay people often believe if something isn’t fair in the workplace, then it must be illegal. Unfortunately, that isn’t the case. We have employment at-will in Minnesota and unless your situation fits into one of the limited exceptions to at-will employment, you likely do not have a case.

Without revealing the names of a client, what is the most interesting case you’ve worked on lately?

I have a case where the employer hired a convicted sex offender who allegedly then engaged in all sorts of additional acts of harassment and discrimination against his coworkers, including two of my clients. My clients allege they repeatedly complained about the perpetrator’s conduct and were retaliated against for their complaints. We are getting ready to start depositions in the case, which should be interesting.

How do you manage work/life balance?

Candidly, it can be very hard. I’m old enough to remember what it was like to practice without a smartphone or ubiquitous connectivity. To disconnect, I remind myself to appreciate the time I spend with family and friends and to be in the moment. I also make sure to try saying “yes” to activities as I’m less likely to stare at the phone and spend 45 minutes reading and responding to emails. I also try to exercise at least four to five days a week.

What’s something most people don’t know about you?

I would bet that I am one of the best drummers out of all of the licensed attorneys in Minnesota!