Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Minnesota Employment Law Questions & Answers
0 Answers | Asked in Employment Law, Employment Discrimination and Contracts for Minnesota on
Q: Can I fire my nanny for taking Fridays off for appointments without using sick time?

I have a nanny employed under a contract specifying regular working hours from 8 am to 4 pm. Recently, she informed us she would begin taking every Friday afternoon off for doctor’s appointments without requesting permission and opted not to use her sick time. The contract does not specify terms... View More

0 Answers | Asked in Employment Law for Minnesota on
Q: Fired in MN for mental health-related absences without FMLA eligibility. Have a doctor's note. Any recourse?

I was fired from my job in Minnesota about a year and a half ago due to absences related to mental health issues, despite having a doctor's note for each day I missed. My employer told me I couldn't qualify for FMLA because I was two months short of the one-year employment requirement.... View More

0 Answers | Asked in Employment Law for Minnesota on
Q: Can my employer fire me for a 3-day sick leave despite a doctor's note?

I started a job in Minnesota last week and fell sick with a fever this week. I was absent for three days and called to leave voicemails each morning before my shift. When I returned, my key fob didn’t work, and my boss said they didn't want to deal with me after being gone for three days. I... View More

1 Answer | Asked in Employment Law, Sexual Harassment, White Collar Crime and Criminal Law for Minnesota on
Q: Is being asked to move to another restaurant due to complaints about harassment and bullying considered retaliation?

I have been experiencing harassment and bullying at the restaurant where I work, including gossip, mean remarks, not receiving help, and mockery. I've made formal complaints to HR and management, but nothing has been documented or resolved, and HR has not returned my calls. Now, I've been... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Being asked to move to another restaurant after you’ve reported harassment and bullying could be seen as retaliation, especially if the request is tied to the complaints you made. Retaliation occurs when an employer takes an adverse action against an employee for asserting their rights, such as... View More

Q: Do I have a legal case against my employer due to personal biases and insults affecting my mental health?

I interviewed for a job in the hospital unit where I currently work and believe I was not given a fair chance due to personal biases. After the interview, the hiring leader provided feedback that included personal insults and attacks on my character, suggesting that many colleagues feel the same... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025

I'm really sorry you're going through this, and I can imagine how painful it must be to feel this way at work. Based on what you're describing, you could potentially have a legal claim depending on several factors. Workplace discrimination, harassment, and retaliation are all legal... View More

1 Answer | Asked in Military Law and Employment Law for Minnesota on
Q: Employer didn't inform me of military leave policy for retroactive leave payment.

I started working for my employer in 2019 while serving in the military since 2017. I recently discovered that the company has a paid military leave policy, but I was never informed about it until now, in 2025. When I asked my employer about this, they said they were unaware of the policy. I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

You have legal protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which safeguards military service members' employment rights. Your employer's failure to inform you about their military leave policy may violate these protections, especially since... View More

2 Answers | Asked in DUI / DWI and Employment Law for Minnesota on
Q: Do I need to inform my school employer about a DUI arrest in Minnesota?

I was arrested for a DUI. I currently work as an intervener at a school. I haven't discussed my situation with a legal advisor yet, but I'm concerned that I may get fired. Am I required to inform my employer about the DUI arrest, considering I am still able to perform my job duties,... View More

Matthew Martin
PREMIUM
Matthew Martin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

Good question but more information is needed. I typically refer my clients to their employee handbook and or employee contract. However, and generally speaking, on a misdemeanor level and assuming that you do not drive as part of your employment responsibilities for the school, I would not expect... View More

View More Answers

3 Answers | Asked in Criminal Law and Employment Law for Minnesota on
Q: Can someone who has been charged with a felony for criminal sexual conduct work around minors?

2 persons working around minors, both have been charged with felonies regarding minor sexual assault, both previously charged for not registering as offenders. Unsure if they are registered now, but still working around children under 18

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2025

Whether they can work around children is entirely dependent on their conditions of release or probation (if they have been convicted). There is no way to answer this question definitively without access to more information. Of course, the fact that they can work around children doesn't mean... View More

View More Answers

1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Procedure for expunging 2 HROs in Minnesota: 1 expired, 1 dismissed. Steps needed?

I am seeking information on the procedure for expunging two Harassment Restraining Orders (HROs) in Minnesota. One HRO has expired, and the other was dismissed. There have been no violations. I need them expunged to ensure a clean background check for employment purposes. What steps do I need to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Based on Minnesota law, expunging Harassment Restraining Orders (HROs) involves a specific legal procedure that can help clear your record for employment background checks. To begin the expungement process, you will need to complete Form EXP101 - the "Petition for Expungement of Executive... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Employment Law and Education Law for Minnesota on
Q: What steps should I take to press charges for a sexual assault that occurred last December in Minnesota?

In December last year, I was held down and sexually assaulted. There are eyewitnesses, and the assault is recorded in the high school's file. I have not yet reported the incident to the police or taken any legal action. What steps should I take to press charges and ensure my case is handled... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2025

Individuals don't "press" charges. Charges in cases like this are filed by the county attorney following an investigation by law enforcement. I would be surprised if this matter wasn't already investigated. You indicate in your question that the assault is recorded in the high... View More

View More Answers

1 Answer | Asked in Employment Law for Minnesota on
Q: Is delaying biweekly pay for PCA workers in Minnesota legal?

I am a PCA worker through an agency paid by the Minnesota Department of Health, and I receive my wages biweekly. I recently found out that my paycheck for the pay period from March 2 to March 15 won't be ready until March 27. Is this delay in payment legal in Minnesota?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Based on Minnesota's wage payment laws, the delay you're describing appears to violate state regulations. Minnesota Statute 181.101 requires employers to pay wages at least once every 31 days and all wages earned by an employee during a pay period must be paid to the employee within 10... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Requested workplace accommodation break denied due to disability at MN group home, impacting my rights.

I work at a group home for disabled adults in Minnesota and have requested workplace accommodations to take a 15-minute break every 4 hours due to my disability, backed by documentation. My employer denied this request, stating I might be solo during break times. They also want my provider to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Based on the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA), your employer's denial of your accommodation request raises several legal concerns. Under these laws, employers must provide reasonable accommodations to qualified employees with disabilities unless doing... View More

1 Answer | Asked in Employment Law and Civil Rights for Minnesota on
Q: What legal options do I have regarding my termination after FMLA leave and alleged performance issues?

I worked at my company for 13 years without any prior write-ups. Recently, I was placed on a performance plan to improve various scores. Shortly after, I took FMLA leave due to my dad's heart surgery and my wife's miscarriage. Upon returning 30 days later, I improved most of my scores,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

You may have grounds for legal action based on several concerning elements in your situation. The timing of your termination after FMLA leave raises potential retaliation concerns, as federal law prohibits employers from using FMLA-protected leave as a negative factor in employment decisions. Your... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Could my employer fire me From my job at Pizza Hut for asking for a tip at the drive through window?

Our policy is that we can not ask for tips at the drive through window

Robert Kane
Robert Kane
answered on Feb 13, 2025

Yes, your employer can fire you from your job at Pizza Hut for asking for a tip at the drive through window even if there wasn't a policy.

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Q: I'm an Indian Citizen

I’m currently on STEM OPT. I have a job and my employer is enrolled in e-verify program. I file taxes and everything legally. I have a question regarding a new opportunity to open a business in the field of direct sales to distribute Amway products. I will be provided with a registered company... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

As an individual on STEM OPT, your primary focus should be on your job that is directly related to your field of study. Your visa status allows you to work for an employer who is enrolled in the E-Verify program, but any additional work, such as a side business, needs to be carefully considered.... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Can corporate restrict an employee from talking to an employee who is on leave

Corporate came in and told us our boss was on leave but never specified what kind of leave he is on. He then told us due to confidentiality we are not allowed to contact our boss. What is the legality of this procedure. My boss would never do this. I am in recovery and have known my boss alot... View More

Robert Kane
Robert Kane
answered on Oct 29, 2024

Yes, a corporation restrict an employee from talking to an employee who is on leave.

1 Answer | Asked in Employment Law for Minnesota on
Q: My role at work was changed by my employer. Today I was told I could keep my position or accept an 8 week severance. Why

I feel like they are covering their tracks. In July they gave the ultimatum to accept new role or I could leave. Now they are saying they should have done things differently. It feels like they are being untruthful. Multiple people were in the same position and the role was outsourced and we were... View More

Robert Kane
Robert Kane
answered on Sep 10, 2024

An employer can most likely change anything about the terms of your employment it wishes. Please discuss this with an employment attorney in your area.

1 Answer | Asked in Federal Crimes, Employment Law and Banking for Minnesota on
Q: If someone has my permission, could they legally use my address for banks accounts, etc., or is it still fraud? MN

Minnesota resident. Want to know if I can let someone who doesn’t regularly reside at my home to use that home address for paperwork?

Opening a bank account, providing KYC for a service, etc.

I understand someone using an address without permission of the property owner is... View More

Robert Kane
Robert Kane
answered on May 25, 2024

It would really depend on the specifics. It may not be identy theft, but it could be fraud concerning others. If the person is using your address to gain advantages or benefits, both of you could be held accountable.

1 Answer | Asked in Contracts and Employment Law for Minnesota on
Q: issue of contracts involving merged healthcare entities.

If I signed a contract with a health care entity and then this same entity MERGES with another (not sold), does the 2nd entity have the right to change terms of my contract (the original contract CEO is still the CEO of merged entity).

Robert Kane
Robert Kane
answered on Apr 20, 2024

Without knowing the terms and conditions of the contract you signed, I don't know if "the 2nd entity ha[s] the right to change terms of [your] contract. You don't even mention what the contract has to do with. Health care entities entered into dozens of contracts, some have nothing... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Employer didn't reimburse for certificate and then I was laid off, should the employer be helping me get reimbursement?

Hi I was working under a company that said they would reimburse me for taking and passing a AWS certificate. Midway through my employment they dropped off and stopped even after I filled out the needed information for reimbursement. And then I got laid off and they're saying I should email... View More

Robert Kane
Robert Kane
answered on Apr 10, 2024

A policy isn't a contact, but it could be a factor in determining some disputes. I am not quite sure what you are seeking reimbursement for. It certainly wouldn't be an ongoing obligation once your employment ends.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.