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Questions Answered by Joseph A. Gangi
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 applied to... Read 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 Uncategorized for Minnesota on
Q: If I visit my 20 yr old son at the U of M, can I legally allow him to consume a beer at a restaurant or brewery?

I live in WI where this would be legal. Does the same hold true in MN?

Joseph A. Gangi
Joseph A. Gangi answered on May 3, 2019

No

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: My lease states management can enter at any time for any reason. Is this legal? Says nothing about "reasonable notice"

From what I can tell Minnesota laws requires "reasonable notice"

Joseph A. Gangi
Joseph A. Gangi answered on Mar 12, 2019

Landlords must respect a tenant's right to privacy. Check out section 504B.211.

1 Answer | Asked in Employment Law for Minnesota on
Q: I was fired from my job today after months of harassment and bullying. He said it was poor performance.

I was harassed and bullied by the Director. I may be able to get statements from coworkers and I have written down numerous occasions in which this happened. I feel that I have PTSD and anxiety due to this experience. I will be seeking $500,000.00. I live check to check have 3 kids to clothe and... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Mar 12, 2019

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,... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Work for a cleaning company

Was gonna work for a cleaning company and they wanted me to sign a contract and stated in it that if I ever quit working there I could not do any cleaning as a individual contractor or for any other business within a 75 mile radius. Can they legally control what you do for 2 years after your... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Oct 29, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Are there heightened standards for drunk driving around the holidays?
Joseph A. Gangi
Joseph A. Gangi answered on Oct 29, 2018

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.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: Can you appeal a jury verdict in a civil trial? Half the jurors were sleeping through most of the trial.
Joseph A. Gangi
Joseph A. Gangi answered on Oct 29, 2018

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.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: What are affirmative defenses?
Joseph A. Gangi
Joseph A. Gangi answered on Oct 29, 2018

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."

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Is there a way to sell my house if the other person on the title doesn't want to sell
Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

Talk to a lawyer about a partition action.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Can I still get a DUI for having a BAC below the limit but if a cop sees me swerving?
Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

Yes. If the officer believes you were driving while under the influence of alcohol, he can charge you with DUI.

1 Answer | Asked in Small Claims, Contracts and Collections for Minnesota on
Q: I recently co-signed an auto loan for a friend who promised to make payments. Now he has refused to make payment but

Lied about making payment. The bank just contacted me and I've tried several times to reach the borrower but he refused to respond to my messages, emails or answer/return any of my calls. I can't afford to make payments as am struggling to care for my child as a single parent. The borrower has... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Minnesota on
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?
Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

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.

1 Answer | Asked in Small Claims and Consumer Law for Minnesota on
Q: false advertising or bait and switch?

I got a promo code from amazon for $100 off a monitor on a link they provided. There are 4 monitors shown but one of the monitors shown isn't one that promo actually works on because it isnt sold directly through amazon. Amazons model cost more and after the rebate is applied is only actually $77... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

Sounds like a lot of work for a potential $23 claim. Reach out to customer service?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

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

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

1 Answer | Asked in Employment Law for Minnesota on
Q: After quitting a job, can the employer NOT pay the employee their last paycheck and/or their accrued vacation time?

The employer had the employee sign on document upon hire that they would forfeit their last paycheck and their accrued vacation on they terminated employment.

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

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.

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

The non compete was signed by me in 2010 after hire in 2007 however it was never totally filled in nor signed by emploer.

Joseph A. Gangi
Joseph A. Gangi answered on Jun 4, 2018

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.

1 Answer | Asked in Education Law for Minnesota on
Q: What's the typical cost of fighting a college expulsion for plagiarism?
Joseph A. Gangi
Joseph A. Gangi answered on Jun 4, 2018

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.

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... Read more »

1 Answer | Asked in Landlord - Tenant for Minnesota on
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?

Showings...do I have to allow it? I'm new to this state and the last state we lived in didn't require we allow the landlord to show the property. I have no problem with it, but not now while I'm in the middle of spring break, family visits and kids activities. I don't want the stress of constant... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Mar 2, 2018

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.

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