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Questions Answered by Joseph A. Gangi
1 Answer | Asked in Business Law and Juvenile Law for Minnesota on
Q: In Minnesota are there regulations regarding minors and being on a board for a nonprofit organization?
Joseph A. Gangi
Joseph A. Gangi answered on Jan 18, 2018

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... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I was assured tuition reimbursement when I signed on, 3 years later I was declined $16,000. Am I entitled to my benefit

The requirements for eligibility were quite clear in my orientation and description of benefits before signing on. I more than fulfilled those requirements, but suddenly my request was declined at the corporate level.

Joseph A. Gangi
Joseph A. Gangi answered on Jan 11, 2018

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.

1 Answer | Asked in Medical Malpractice, Personal Injury and Employment Law for Minnesota on
Q: I was recently employed and let go due to medical reasons. My job did not follow my doctors restrictions and etc

I was given zero option to stay after claiming I needed to stay till I found a new job. Is it worth going against them and if so how would I could about it?

Joseph A. Gangi
Joseph A. Gangi answered on Jan 11, 2018

You will need to speak to an attorney and provide more specifics about your situation to see if there are any claims you may have,

1 Answer | Asked in Employment Law for Minnesota on
Q: In minnesota if you demand payment you must get it within 24 hours, but if handling money you can be denied that?

I was terminated on the 7th of this month. I put in a demand for payment on the 9th. Not receiving it in my direct deposit, I called my employer and he said that he could wait up to 10 days to give me my wages because I handle money and I would be paid on Friday. This law seems ridiculous and I... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Jan 11, 2018

I suggest calling the Minnesota Department of Labor and Industry.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I purchased a house on a CFD from my parents. Could I sell the home before the balloon pymt is due? Who collects equity?

Would this be a capital gains issue for my parents? I am thinking it is a $40k gain; still have 5 years on CFD.

Joseph A. Gangi
Joseph A. Gangi answered on Jan 11, 2018

Your parents still have legal title to the property. You should check the specific language of the contract to see what you can and cannot do, and what happens in any given scenario.

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Am I obliged to pay rent after lease ends and what are consequences?

I mailed in 2 months notice to vacate but landlord says they did not receive it. I believe it's due to wrong address. Once issue was brought to my attention, I mailed in a copy of the notice 15 days before lease ends. They are saying that I must go month to month for a month

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

The answer depends on the wording of your lease, so a simple answer is just not possible at this time.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have been paying on a house of a deceased friend. About to pay it off, how can I get my name on title?

Friend died, son was awarded house by probate. I have been paying on it for the last 15 or so years, ready to pay it off, how do I get the son and my name on the deed? They were told and received documents on her death and the award to the son by probate.

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

You don't because the house is not yours. You will need the son to execute a deed (and voluntarily to boot) or maybe you satisfy requirements of adverse possession.

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Our house hasn't sold after 4 mos and 2 price drops. We face foreclosure if it doesn't sell in 2 mos.

We signed a contract to sell our house 4 months ago. Our realtor has not been very helpful in selling our home (1 open house in 4 months). If we don't sell by the end of October, foreclosure proceedings will start. We've dropped the price twice--a $20K price drop. Nothing is working. Is there any... Read more »

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

Probably - talk to another realtor

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I plead guilty to a traffic violation & then found out I wasn't guilty, can it be reversed?
Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

It is very difficult - you should discuss the specific facts with a criminal attorney.

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1 Answer | Asked in Employment Law for Minnesota on
Q: I'm being terminated. When does my employer have to pay me? When do they have to release my 401K?
Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

If Minnesota law applies (it says you are from NJ), make a written demand for your wages. Payment is due 24 hours later.

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 like me... Read 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 Criminal Law for Minnesota on
Q: Can I present case law in a criminal jury trial as evidence? Thank you
Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

Evidence of what?

1 Answer | Asked in Foreclosure for Minnesota on
Q: If the bank forecloses on your house can they legally only give you 24 hours to be out?

I don't know a lot of the backstory it's just happened to my dad and it didn't sound right.

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

It depends on the backstory. There are certain redemption rights after the sheriff's sale - check the notices your dad received.

1 Answer | Asked in Business Law for Minnesota on
Q: Is it legal to use a different name for a shop name online, instead of the registered name I have for my business?

Some online print on demand websites, like zazzle, allows designers to open different shops with different names for the shops. However I have a registered business name under the state of MN. Do I have to use that registered name for the shop name or can I use a different name, that I may like... Read more »

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

To be safe, consider filing a certificate of assumed name.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Minnesota on
Q: I live in Wisconsin & my child custody case is also here . Can I retain an attorney from Minnesota ?

Also wondering if the attorney has to practice family law . A former classmate of mine is an attorney and I cannot afford one in Wisconsin

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

You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.

I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements...
Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Four of us own a piece if property jointly 3 want to sell 1 does not. What can we do?
Joseph A. Gangi
Joseph A. Gangi answered on Aug 14, 2017

A partition action may be appropriate.

1 Answer | Asked in Criminal Law for Minnesota on
Q: I know of a man who has a second-degree felony for attempted murder with a firearm from the 90's in Texas.

This man now lives in Minnesota and owns guns. Was there a way to get his gun rights back. We also don't think these guns are registered and there are kids in the home.

Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

It is unclear what you expect a lawyer to do about your suspicions.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Does a city police officer have more bearing in the courts than a regular civilian if hes the defendant standing trial?
Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

What do you mean "more bearing"? The prosecutor's burden of proof is the same regardless of who is standing trial.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: I have a conviction for spousal battery from 1995, is it still on my record? if so, can it be removed?
Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.

1 Answer | Asked in Child Support for Minnesota on
Q: Is it illegal to receive child support if the child is not living in the house?

My daughter is 17 and has been living with her 28 year old illegal boyfriend and has had a child with him and is now currently pregnant again. She has not lived with her mother for the past two years

Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

Speak with a lawyer about getting the current order modified.

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