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Minnesota Questions & Answers
0 Answers | Asked in Employment Law for Minnesota on
Q: Does Minnesota's ESST law require my employer to allow me to bank 80 hours of PTO?

I work for a company headquartered in South Carolina, but I am employed on-site in Minnesota. Under Minnesota's Earned Sick and Safe Time (ESST) law, I'm wondering if my employer is required to allow me to bank 80 hours of PTO. Currently, the company's policy only permits employees... View More

0 Answers | Asked in Medical Malpractice and Personal Injury for Minnesota on
Q: Do I have a case for undisclosed side effects post-Nissen fundoplication surgery?

I had a Nissen fundoplication surgery 8 months ago, and it has been a terrible experience because the doctor did not explain all the side effects beforehand. As a result, I suffer from an inability to vomit or burp, painful trapped air under my collarbone, a constant feeling of being bloated, and... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Accused of DWI based on meth, not drugs officer suspected. Can it be legit?

In Minnesota, I was pulled over near the North Dakota border after being followed for 2 miles. The officer mentioned a report of a stolen vehicle matching my car's description and said I was suspected of driving 58 in a 55 mph zone. The officer claimed my pupils were constricted, suggesting I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 19, 2025

The question mentions facts that could give rise to several defense issues. But to focus on the headline question "police officer suspected driver was on fentanyl or heroin, obtained a blood sample after search warrant, results showed presence of meth. Can this still result in a legitimate DWI... View More

1 Answer | Asked in Employment Law, Workers' Compensation, Military Law and Personal Injury for Minnesota on
Q: Disabled veteran bus driver facing retirement or termination due to worsened PTSD after workplace incident.

I am a disabled veteran with military PTSD, which my employer was aware of. While working as an MTC bus driver, I was punched in the head in 2022-2023, which worsened my PTSD symptoms. My employer sent me to five doctors, and only the fifth recommended counseling. My union has not been very... View More

Jeremiah Sisk
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Jeremiah Sisk
answered on May 19, 2025

Your case involves several important legal areas, including disability rights, workplace accommodations, and possibly workers' compensation. As a disabled veteran whose PTSD was worsened by a workplace assault, you have specific protections under federal and state laws.

Your situation...
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0 Answers | Asked in Car Accidents, Personal Injury, Family Law and Workers' Compensation for Minnesota on
Q: Husband's final paycheck delay after fatal car crash in Minnesota

My husband passed away in a car crash on March 16th, and I have not yet received his last paycheck in Minnesota, even though it's been 10 weeks. I've been in contact with his employer every two weeks via email, but they keep asking for more information, and I have not been promised when I... View More

1 Answer | Asked in Civil Rights, Criminal Law and Constitutional Law for Minnesota on
Q: How can I legally stop ongoing text harassment from someone impersonating a police officer?

I am dealing with a person who initially impersonated a police officer over text, threatening arrest and using insults to make me break my Fifth Amendment rights. After confronting him about the consequences, he stopped the impersonation but continues to contact me using different generated phone... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 19, 2025

You should apply for a Harassment Restraining Order (HRO) against the individual who is harassing you.

1 Answer | Asked in Small Claims, Landlord - Tenant, Consumer Law and Real Estate Law for Minnesota on
Q: Can I sue for towing without proper signage at an apartment complex?

I parked in a parking lot at an apartment complex in the evening without any tow zone signage, unlike another lot in the complex which had such signs. My car was towed after being parked for less than 3 hours—between 10:40pm on May 15, 2025, and 1:30am on May 16, 2025. The visit was impromptu, so... View More

James L. Arrasmith
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answered on May 16, 2025

It sounds like you may have a case to pursue in small claims court, based on the lack of proper signage and the circumstances of your towing. If the apartment complex failed to provide clear signage in your parking lot and at the complex's entrance, you may have grounds to argue that you were... View More

1 Answer | Asked in Divorce, Family Law, Contracts and Civil Litigation for Minnesota on
Q: Am I entitled to equity in the home during separation in MN?

In Minnesota, my wife and I have been married for 5 years, and we're considering a separation. We have a mortgage of $2,400 a month, which is solely in my name although the title is under both names. My wife expects me to move out while continuing to pay my portion of the mortgage and utility... View More

James L. Arrasmith
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answered on May 16, 2025

In Minnesota, the equity in a home acquired during the marriage is generally considered marital property, even if only one spouse’s name is on the mortgage. Since the title is in both your names, that strengthens your claim to half of the equity, regardless of who has been paying the mortgage. It... View More

1 Answer | Asked in Divorce, Landlord - Tenant, Child Support, Child Custody, Business Law and Family Law for Minnesota on
Q: What are my options regarding mortgage payments in separation with children involved?

In Minnesota, my wife wants a separation. We have a mortgage that is $2,400 a month, solely in my name, and she expects me to move out and continue paying my portion of the mortgage along with utility bills. I can't afford to move out and continue covering these costs. We have two children... View More

James L. Arrasmith
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answered on May 16, 2025

You're in a tough position, but you do have options. In Minnesota, both spouses are generally responsible for maintaining the household during a separation, especially if the mortgage was incurred during the marriage—even if it's only in your name. Your wife can't force you to move... View More

2 Answers | Asked in Domestic Violence and Employment Law for Minnesota on
Q: Can I get a DANCO removed before sentencing?

I have a Domestic Abuse No Contact Order (DANCO) issued against me due to an incident involving alcohol, although it was verbal and not physical. Since then, I've had no violations and have actively started attending AA meetings, counseling, helping raise our deaf child, and assisting with... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2025

In Minnesota, it is generally unlikely that a judge is going to remove or cancel a DANCO prior to entry into and completion of some portion of domestic violence programming. Your question doesn't indicate if you have entered into DV programming. Your question indicates that you have been... View More

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1 Answer | Asked in Personal Injury and Public Benefits for Minnesota on
Q: Do I need to inform MN county about my injury settlement affecting assistance?

I'm about to receive a six-figure personal injury settlement. I am currently on GRH and general assistance through the county. My lawyer has negotiated a settlement, with $6,500 going toward medical assistance for bills incurred from this accident. Do I need to inform the county about the... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you do need to inform the county about your personal injury settlement, especially since you are currently receiving General Assistance and GRH (Group Residential Housing) benefits in Minnesota. These programs are income- and asset-based, and a significant settlement like the one you're... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Minnesota on
Q: Should I sign a handbook with vague rules and changeable terms as an at-will employee?

I am a full-time, hourly, at-will employee. My employer requires me to sign a new handbook by tomorrow, which states they can change rules at any time and includes vague language regarding harassment and attendance, indicating they are subject to interpretation beyond legal standards. A coworker... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to pause and think this through before signing anything, especially when the language in the handbook feels vague or overly broad. As an at-will employee, your employer already has the right to change certain conditions of your employment or terminate you with or without cause.... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Minnesota on
Q: Can I file for divorce in MN and move to WI with full custody of kids?

I have full custody of my three children, and I live in Minnesota while my spouse resides in Florida. Can I start the divorce process while living in Minnesota and move permanently to Wisconsin after filing?

James L. Arrasmith
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answered on May 15, 2025

Yes, you can file for divorce in Minnesota as long as you meet the residency requirement, which typically means you’ve lived there for at least 180 days. Since your spouse lives in Florida, the Minnesota court can still have jurisdiction over the marriage and custody matters because you and the... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Domestic Violence for Minnesota on
Q: How can I defend myself if my ex takes legal action after property retrieval?

I broke up with my ex after staying at his place for 22 days and he now refuses to let me enter to retrieve over $1,000 worth of my property unless he is present. When we broke up, he hurt himself by hitting his head against the walls and threatened suicide. Although he initially said I could... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve already done several things right to protect yourself, especially by gathering written confirmation from him, documenting your property list, and recording the retrieval with witnesses. If he does try to take legal action, that evidence will help show that you acted respectfully and only... View More

1 Answer | Asked in Employment Law and Civil Rights for Minnesota on
Q: Termination after mental health crisis without ADA accommodations in Minnesota.

I was employed full-time with a company for a little over six weeks. During a mental health crisis, I informed them of my need to seek intensive care and enrolled in a partial hospitalization program. I was initially granted two days of unpaid leave, but upon requesting a third day, I was told my... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you is deeply upsetting and unfortunately not uncommon for individuals navigating a mental health crisis while trying to hold onto their job. The fact that you were open with your employer, documented your needs, and sought professional care shows you took responsible steps to... View More

1 Answer | Asked in Banking, Social Security, Civil Litigation and Public Benefits for Minnesota on
Q: Being sued for $4000 by a credit union who took the money and I'm on social security.

I am being sued by a federal credit union for almost $4,000. I was initially jailed for a situation that was later dismissed. I never received any funds because the people who forced me to open the account took the money at that time. Now, the credit union is demanding repayment, but I am on social... View More

James L. Arrasmith
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answered on May 12, 2025

You have important legal protections as a Social Security recipient that may shield you from this lawsuit. Federal law generally exempts Social Security benefits from garnishment by most creditors, which gives you significant leverage in this situation. You should immediately file a written... View More

1 Answer | Asked in Civil Litigation, Probate and Contracts for Minnesota on
Q: Liability for returning funds from father's estate checks due to credit union error in Minnesota.

My father-in-law passed away a year and a half ago. After the funeral, his wife (my stepmother) distanced herself from the family. Although he had discussed a will with us, no will was ever presented by her, and we did not pursue it. Recently, my stepmother had to be moved to assisted living due to... View More

James L. Arrasmith
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answered on May 15, 2025

If the credit union issued checks in error, they generally have the right to request the overpayment be returned. However, whether you are legally liable depends on several factors. Since the checks were issued to your husband based on the information provided, you may not be at fault for accepting... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Gov & Administrative Law for Minnesota on
Q: Can parole conditions prohibit medical marijuana use with a card in MN?

I am on parole in Minnesota and my parole conditions include staying away from mind-altering substances. I have a medical marijuana card to help manage my PTSD and sleep apnea. My parole officer is trying to stop me from using medical marijuana, even though it's not specifically mentioned in... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 11, 2025

See Minnesota Statutes Section 244.05, Subd. 2 (b) (The DOC commissioner may not prohibit an inmate placed on parole, supervised release, or conditional release from using adult-use cannabis flower, or adult-use cannabis products, hemp-derived consumer products, or lower-potency hemp edibles,... View More

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1 Answer | Asked in Employment Law for Minnesota on
Q: Is retroactive termination while hospitalized legal in MN?

Is it legal for a company to terminate my employment verbally while I was in the hospital, retroactively setting the termination date, citing my absence as a reason due to unknown recovery time, even though I had only worked there for three weeks?

James L. Arrasmith
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answered on May 15, 2025

In Minnesota, as in most states, employment is generally considered "at-will," meaning an employer can terminate an employee at any time for any reason, unless there’s a specific law or agreement protecting the employee. However, there are exceptions, particularly if the reason for... View More

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy, Civil Litigation and Tax Law for Minnesota on
Q: Is my settlement from BSA trust fund taxable in Minnesota?

I am in the process of receiving a monetary settlement from the Boy Scouts of America trust fund for sexual abuse that occurred in 1969 when I was 9 years old. I am now 67 years old, and live in Minnesota. My attorneys are from Portland, Oregon, and they informed me that they cannot assist with... View More

James L. Arrasmith
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answered on May 10, 2025

Under federal tax law, the Internal Revenue Code Section 104(a)(2) excludes from gross income "damages received on account of personal physical injuries or physical sickness." The IRS has specifically addressed sexual abuse settlements, indicating that they assume personal physical... View More

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