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Minnesota Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Minnesota on
Q: Is an employer allowed to force an employee to ask permission to move outside of 45 miles from an office

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Robert Kane
Robert Kane
answered on May 15, 2023

An employer can have geographical requirements for its employees. Yes, even for remote employees.

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 Tax Law for Minnesota on
Q: Do I need a lawyer if it owe unemployment money

I didn't really understand unemployment when on it. Confused still. Now I could owe a ton of money

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

Hi! You may need to reword your question. Do you owe unemployment taxes? Did you take out unemployment and now owe money back for over payment? There are a few ways to interpret what you are saying.

1 Answer | Asked in Employment Law for Minnesota on
Q: I caught a felony under an old married name, my sentence is up and I’m divorced. Do I still have to use name on job apps
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 10, 2022

This is really more of an employment law question rather than a criminal law question. I’d suggest answering the question in that forum. But I don’t believe that there would be anything illegal about using your maiden name.

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 Law for Minnesota on
Q: If I ask for a $15 raise and my employer would like me to sign a contract to commit for 2 years. What happens if I leave

Minnesota.

I am nearing the end of my internship. The employer would like to offer me a permanent position at my current pay of $20/hr. I asked for $35/hr and my employer would like me to sign a contract committing to stay for 2 years. I would like to know if I agree and sign. And then... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 7, 2021

More information is needed here, as the answer to your question will depend on the language in the contract your employer wants you to sign. You should consult a Minnesota contract attorney for a review of the specific terms in the proposed contract.

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 Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... View More

Paul Lelii
Paul Lelii
answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in Employment Law for Minnesota on
Q: Company asking for repayment of 15000 dollars and they do not have repayment agreements to refer:

I left a company in a period of 1 year 5 months, due to too much toxic culture and suppression by my manager and his boss and due to long time required to find a job. After leaving I am reached by the company to pay back $15000, 33% of the original sign on bonus, because according to them it is... View More

Carrie Dyer
Carrie Dyer
answered on Aug 4, 2021

In order to enforce a repayment obligation provision in a contract, the company must first prove that a contract exists. If you are saying you did not sign a contract, and they cannot provide a signed copy, the company will have a difficult time proving that.

1 Answer | Asked in Employment Law for Minnesota on
Q: How much freedom does an employer have to change shift start time?

I am a manager and for the last 2.5 years I have been coming into work at 8:30. They are now asking that all managers come in at 6:45 for a morning meeting. I am not willing to accommodate this schedule. I have purposefully stated only that this is for "personal reasons". They are not... View More

Carrie Dyer
Carrie Dyer
answered on Jun 23, 2021

Your employer is generally free to change your hours or shift start time at any time for any reason. In general, there is no recourse for you if your employer disciplines and/or terminates you for failing to attend a mandatory pre-shift meeting. If the reason for your unwillingness to attend the... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Can an employer force you to attend meetings/team huddles where they only ask personal questions, not work related issue

I am extremely private and do not mix my personal life and professional life, yet I am required to attend meetings where they ask a personal question weekly. No work related issue is discussed. Only a topic of conversation geared toward personal lives. I live in Minnesota

Carrie Dyer
Carrie Dyer
answered on May 12, 2021

Generally, yes, your employer can require that you attend meetings at work, regardless of what is discussed. At the meetings, are you able to avoid participating in conversations of an entirely personal nature? If you are not compensated for the time spent in these mandatory meetings, you should... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: I am looking to see if my non-compete will interfere with a possible new position.

I have a copy of my non-compete and can share it.

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hello, you need to reach out to an employment law attorney in the state in which the non-compete is governed by. There is usually a choice of law provision towards the end of the agreement. Non-compete laws vary state to state, so only an attorney licensed to practice in the state in which it... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for an employer to deny an unpaid leave of absence for an employee getting help for addiction?

I am currently getting help for alcoholism and I asked my employer for time off to complete a program. They told me because they were short staffed they couldn’t allow my time off for treatment. I thought I was covered under ADA or ADAAA.

I’m just trying to get some clarification... View More

Paul Lelii
Paul Lelii
answered on Feb 24, 2021

An employer in Minnesota must comply with statutory law regarding providing treatment for addiction when requested. I suggest you consult with an employment law attorney so she or he can determine how the facts of your case show the employer is liable to you for violating the law. Employment is... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: I was terminated due to taking off work and then not coming in to help when I was called in during the time I had off.

In my exit interview it was also brought up that I failed a drug test at a previous employer 3 years ago I never gave anyone permission to disclose such information. The fact that I was let go in part die to things that occurred years ago and are not currently occurring make me believe my past... View More

Kyle Anderson
Kyle Anderson
answered on Feb 17, 2021

More information is needed here. Why did you take time off work? If it was for a medical condition, you may have protection under the ADA or FMLA. I would recommend reaching out to an employment attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can I get fired for getting into a physical fight at work in Minnesota?

I am Hispanic and my English is not that good. A crew member came up to me and he had something to me that I did not understand so I was telling him I don’t understand and that to repeat himself. He got upset and started cussing at me and shoved me. I physically reached out to him from getting to... View More

William Bailey
William Bailey
answered on Feb 1, 2021

Minnesota is an at will employment state. That means that unless you have a contract stating otherwise, you can be terminated for any reason (aside from membership in a protected class) or even for no reason at all.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my employer change my job title, decrease my pay by $10/hr, but not change the duties associated with my job?
Kyle Anderson
Kyle Anderson
answered on Jan 27, 2021

Hello, more information is needed here to fully evaluate your situation. An employer is allowed to do these things, except if it is based on your membership in a protected class (race, religion, disability, etc.) or in response to you engaging in a protected activity (complaining about... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Employer won’t allow return to work with temporary restrictions following medical leave. What are our rights?

Husband on 2week temp med leave to return on 12/28 with restricted hours (8 hour shifts) and breaks every 4 hours, no ladder climbing for a period of 3 weeks. Employer won’t allow return with restrictions. What are our rights? Live in MN. Large privately owned company.

Carrie Dyer
Carrie Dyer
answered on Dec 22, 2020

Additional information is needed to answer your question. If your husband's medical condition qualifies as a "disability" under the Americans with Disabilities Act, then your husband can request an accommodation of a 2-week medical leave, followed by 3 weeks of medical restrictions.... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Work comp continuing to pay me lost wages told them I’m back to work multiple times. What do I do?

I was working through a temp company and got hurt which led to me having surgery. I am now at a new job and was receiving comp for lost wages for a few days. I have contacted the work comp company several times telling them I’m back to work and they keep sending me checks. I have had two... View More

Paul Lelii
Paul Lelii
answered on Dec 12, 2020

Hello Sir. A worker's compensation claim that is valid is one reason they keep paying you. Sorry for your injuries. You should contact an attorney who specializes in workers' compensation. My guess is you may receive a settlement for the case. I would not cash the checks or be prepared to... View More

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