Questions Answered by Joseph A. Gangi

Q: My lease states management can enter at any time for any reason. Is this legal? Says nothing about "reasonable notice"

1 Answer | Asked in Landlord - Tenant for Minnesota on
Answered on Mar 12, 2019
Joseph A. Gangi's answer
Landlords must respect a tenant's right to privacy. Check out section 504B.211.

Q: I was fired from my job today after months of harassment and bullying. He said it was poor performance.

1 Answer | Asked in Employment Law for Minnesota on
Answered on Mar 12, 2019
Joseph A. Gangi's answer
Minnesota is an "at will" employment state so generally speaking you can be fired for just about any reason, so long as it is not discriminatory or retaliatory. The law does not require people to treat you nicely. But if you can show that you were terminated because of your race, gender, disability, age, etc., then you may have a case. You should discuss the specifics of your situation with an employment attorney to see if there is anything.

Q: Work for a cleaning company

1 Answer | Asked in Employment Law for Minnesota on
Answered on Oct 29, 2018
Joseph A. Gangi's answer
The company asked you to sign a "non-compete" agreement. If you did not sign the agreement, you have nothing to worry about. If you did sign the agreement, it may or may not be enforceable depending on a variety of circumstances. Specific questions based on the specific language of the contract will require a consultation with an attorney.

Q: Are there heightened standards for drunk driving around the holidays?

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Oct 29, 2018
Joseph A. Gangi's answer
The legal standard is the same regardless of that time of year it is. However, DWI may be more heavily enforced during peak time periods.

Q: Can you appeal a jury verdict in a civil trial? Half the jurors were sleeping through most of the trial.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Answered on Oct 29, 2018
Joseph A. Gangi's answer
You can appeal, absolutely. The chance of success is a different question. You should speak to an appellate attorney as soon as possible because anything related to an appeal or other post-trial work has a very strict and very short deadline.

Q: What are affirmative defenses?

1 Answer | Asked in Civil Litigation for Minnesota on
Answered on Oct 29, 2018
Joseph A. Gangi's answer
Generally speaking, an affirmative defense is saying "even if everything you say is true, I am still not responsible because of X." A good example is the statute of limitations: "Even if I breached the contract as you say I did, that was 10 years ago so it is too late."

Q: Is there a way to sell my house if the other person on the title doesn't want to sell

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Sep 27, 2018
Joseph A. Gangi's answer
Talk to a lawyer about a partition action.

Q: Can I still get a DUI for having a BAC below the limit but if a cop sees me swerving?

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Sep 27, 2018
Joseph A. Gangi's answer
Yes. If the officer believes you were driving while under the influence of alcohol, he can charge you with DUI.

Q: I recently co-signed an auto loan for a friend who promised to make payments. Now he has refused to make payment but

1 Answer | Asked in Small Claims, Contracts and Collections for Minnesota on
Answered on Sep 27, 2018
Joseph A. Gangi's answer
If you co-signed, then you are likely responsible just as equally as your so-called friend. Your options may include refinancing, forbearance, taking out another loan to pay this back, borrowing money to pay it off, etc. You will find many resources, blog posts, AG articles, and the like addressing this topic.

Q: I evicted a tenant over 3 months ago. I can't find a way to contact him about his stuff. What do I do with it?

1 Answer | Asked in Landlord - Tenant for Minnesota on
Answered on Sep 27, 2018
Joseph A. Gangi's answer
There are very specific laws regarding personal property of a tenant, how to handle it, etc. It is not necessarily a simple answer capable of being answered on a message board. You might consider meeting with an attorney to discuss this process in detail to ensure you do things the correct way.

Q: false advertising or bait and switch?

1 Answer | Asked in Small Claims and Consumer Law for Minnesota on
Answered on Sep 27, 2018
Joseph A. Gangi's answer
Sounds like a lot of work for a potential $23 claim. Reach out to customer service?

Q: What If proper procedure was not followed by Minnesota statue.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
Speak with an attorney. If you were not properly served, you may be able to reopen the case.

Q: After quitting a job, can the employer NOT pay the employee their last paycheck and/or their accrued vacation time?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
In Minnesota, employers must pay an employee who quits typically at the next regularly scheduled payday. If there is a contract with different terms, you will want to have an attorney review that.

Q: Wife fired from our childs daycare after I filed a negative opinion survey citing poor management. Wrongful termination?

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
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.

Q: If a non compete in work file isn't totally filled out nor signed by representative from co. from 2010 is it binding?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
It depends on a number of things. Schedule a consult with an employment attorney to discuss the specifics of your situation and the actual language of the agreement.

Q: What's the typical cost of fighting a college expulsion for plagiarism?

1 Answer | Asked in Education Law for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
The cost will likely vary depending on the complexity of the allegations, the school, the internal appeal process, and the individual attorney, among other things.

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?

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
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 occurred.

Q: My lease is up June 1. My landlord already listed my home and wants to start showings. Its only March.....Can I say no?

1 Answer | Asked in Landlord - Tenant for Minnesota on
Answered on Mar 2, 2018
Joseph A. Gangi's answer
The landlord may enter for any legitimate business purpose, which includes showing the property to a potential buyer, after making a good faith effort to give you notice.

Q: In Minnesota are there regulations regarding minors and being on a board for a nonprofit organization?

1 Answer | Asked in Business Law and Juvenile Law for Minnesota on
Answered on Jan 18, 2018
Joseph A. Gangi's answer
Look at section 317A.205, which currently provides: "The qualifications and method of election or appointment of directors may be imposed by or in the manner provided in the articles or bylaws, provided that directors must be natural persons and a majority of the directors must be adults." It is always good to assess the "why" and consider alternatives, such as a youth advisory board, as being a director carries a number of important responsibilities and youth already have other legal...

Q: I was assured tuition reimbursement when I signed on, 3 years later I was declined $16,000. Am I entitled to my benefit

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jan 11, 2018
Joseph A. Gangi's answer
An answer to this question depends largely on the contract or policy language and the reasons for denial. Make an appointment with an attorney to review these things to see if you have a claim.

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