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Minnesota Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Employment law. Forced to resign by Target corp due to severe mental health issues.

I was recently forced to resign from my position after I was on a leave that was approved by my director and human resources. I had a newborn baby in May 2023 and my wife develop to severe postpartum depression in that caused me Develop severe depression, panic attacks and horrible anxiety that... View More

Robert Kane
Robert Kane
answered on Apr 8, 2024

This is matter you will need to discuss directly with an attorney to determine whether you have any viable claims. Your inability to perform your job is a concern. Your disability needs to be diagnosed. Your conclusions will need to be supported. The expense required to represent you will be... View More

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Health Care Law for Minnesota on
Q: I was on a probationary period in my beginning of employment, my job put me in the hospital had surgery, can I be fired

I was lifting heavy objects and climbing up and down ladders and I ended up getting a cyst that ruptured on my tail bone, ended up in surgery. They said I’d be able to continue work in 4 weeks I kept in contact during and after my procedure with my company of employment, when I brought the... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your case, where you were terminated after a work-related injury during a probationary period, several factors need to be considered.

First, examine the terms of your employment, especially any probationary policies. Employers often have more discretion in terminating employment during...
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1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can a multi state company pay w2 employees with same title differently

Company pays salary and bonuses on 4 different tiers but pays everyone 2% commission. The salary and bonuses are bases on what ever tier the company decided your on. It is not based on seniority, state size, or performance.

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, unless there is an unlawful reason for the discrepancy in pay (e.g. race, color, nationality, ethnicity, religion, sex, age, or disability).

Q: I am having a problem with McDonald's. Evidently I failed the background check, but they refuse explain or give reason.

Can anyone tell me, are my MN state rights being violated and stuff? Are there any lawyers that can help? Am I able to sue?

I'm sure there is more explanation I can give regarding all this, but please someone help me get some of this figured out.

Robert Kane
Robert Kane
answered on Nov 20, 2023

I believe you are entitled to a copy of the background check, but they are not obligated to identify what specific information was used in denying your employment. I do not handle these types of cases, but some law firms do. Contact employment law firms directly.

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1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can i sue my employer for my manager sharing my personal medical information with employees after i said not to
Robert Kane
Robert Kane
answered on Aug 30, 2023

Whether you have a viable lawsuit can only be determined with much more information. Prepare a clear and concise statement of the facts and organize your evidence to present to attorneys.

Ask yourself, "if I was on a jury, how much would I give a stranger with the same problem?"

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: Is it discrimination if I have to take down my rebel/confederate flag on my car, or park somewhere else?
John Michael Frick
John Michael Frick
answered on Jul 12, 2023

A private business owner can prohibit such display on its property. It does not constitute unlawful discrimination. Yes, the business owner has the right to refuse to allow you to park on his premises if your car displays a rebel/confederate flag.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can I sue my manager for making a racist remark and being biased?

I was helping a elderly couple who came to MN since 6/2022 from Laos do their first time State ID. It took me about half an hour to get it done. The next day I was called into the office by my manager to ask why I took half an hour to do a simple transaction that can take 15min. I explain to my... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

This is not a criminal law issue. I'm not sure that suing your manager would be particularly beneficial unless your manager has deep pockets. I suggest that you report the manager to his higher ups and allow them to address the issue internally.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: we have no published/signed agreements regarding pto company wide, can my employer legally require me to use PTO?

we have never signed a contract regarding pto nor has a published employee handbook stating pto guidelines been given to me. i am a salaried employee and my time off has never been an issue before as long as my hours are worked at some point or my work is up to date.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2022

Yes. There are no laws that require employers to offer benefits such as PTO, so if your employer chooses to offer it, they can require you use it if you will miss work.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Can they fire me for this I work at Otter Tail County Recycling Center I found $1,600 on the line now I'm on paid suspen

And they're trying to get me for theft I found the money fair and square they always say when work on the line if you find something you want to keep it the 1600 was in the envelope on a piece of paper clip to the money in an envelope that 1,600 the date was 2019 and the bank was Eagle... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 8, 2022

Minnesota is an at-will employment state, meaning you or your employer can terminate the relationship at any time and for any reason. Thus, even if nothing was improper about how you found the money, your employer can still choose to terminate you for this reason (or no reason) at any time.

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: I'm in 18 year who started a job kwikTrip for 2 weeks and today I had a man walk in with facial hair

And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2021

The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I work for a temp agency. Got fired because of attendance but I just had a heart attack. Is there anything I can do?
Carrie Dyer
Carrie Dyer
answered on Oct 6, 2021

More information is needed to answer your question. In some cases, the Family Medical Leave Act and/or the Americans with Disabilities Act, as well as state laws, can provide you with job protection for missing work due to a serious medical issue. You should contact an employment law attorney in... View More

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... View More

Carrie Dyer
Carrie Dyer
answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I have a question about employment wrongful termination .

I I was fired for refusing a piss test. That I never refused the company I work for broke federal law when giving me the piss test

Kyle Anderson
Kyle Anderson
answered on Feb 19, 2020

Unfortunately, there is very little protection for individuals when it comes to refusal of a drug test. Because you are an at-will employee, an employer may terminate you for any reason, or no reason at all, unless it is an unlawful reason. If you feel as though you were singled out based on your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I was told by my supervisor that if I have too many FMLA days they will take away the 1 day a week I can work from home

My entire team works from home on Fridays and I was told I would be expected to be in the office if I have too many unplanned FMLA days.

I am on intermittent FMLA for my own serious health condition.

I feel I am being punished for having FMLA

Carrie Dyer
Carrie Dyer
answered on Feb 12, 2020

In general, an employer cannot use your need to take intermittent FMLA as a negative factor in making an employment decision. More details are needed to determine whether an FMLA violation has occurred. You should consult with an employment attorney as soon as possible to determine the best... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: What are the legal actions I can take if I believe I've been discriminated out of a job position within my company?

I've been with my current company for over a year, which is the probation period before we can apply for another position internally. There's been an open position at my company since the previous employee vacated it back in March of this year. The position was posted in May, and I had... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jun 27, 2019

Missing from your question is *why* you think you were treated differently. If you were not considered for the position because of race, gender, age, disability, or some other protected class or protected conduct, then you may have a claim worth pursuing.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Wife fired from our childs daycare after I filed a negative opinion survey citing poor management. Wrongful termination?

My wife was the nurse at our children’s daycare in MN for nearly 2 years. She did not have a history of corrective actions or anything negative in her employment there. New management took over the facility around a year ago and soon thereafter her dual role as parent and employee were not... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Aug 15, 2018

Minnesota is an at-will employment state. From the facts presented, it does not appear to be an illegal termination, but you may want to discuss this further with an employment attorney. A more interesting question relates to the apparently *not* anonymous survey.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: How long do I have to file a civil lawsuit for discrimination at work if I want to pass the MDHR and EEOC process in MN?
Joseph A. Gangi
Joseph A. Gangi
answered on Jun 4, 2018

The EEOC is a federal process with its own set of time and other requirements. If you do not file an administrative charge or take other action, the Minnesota Human Rights Act allows you to file a civil lawsuit alleging a violation of that Act within one year after the discriminatory practice... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Is there anything I can do?

I recently had an interview at a gym. I interviewed with the facility manager, it went well. He said he would contact me later that day when he knows when the general manager would be able to do my second interview. Later in the day I received a text from an employee at that gym who doesn't... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 11, 2017

You may have a defamation claim depending on what was said.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can an employer ask you if you are a U.S. citizen in an application OR during an interview?
Joseph A. Gangi
Joseph A. Gangi
answered on Jun 1, 2017

Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.

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