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Minnesota Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can a multi state company pay w2 employees with same title differently

Company pays salary and bonuses on 4 different tiers but pays everyone 2% commission. The salary and bonuses are bases on what ever tier the company decided your on. It is not based on seniority, state size, or performance.

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, unless there is an unlawful reason for the discrepancy in pay (e.g. race, color, nationality, ethnicity, religion, sex, age, or disability).

1 Answer | Asked in Employment Law for Minnesota on
Q: Are employers allowed to make an employee pay back money/cash that’s missing from a register?

It’s a small business in Minnesota.

T. Augustus Claus
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answered on Aug 15, 2023

In Minnesota, employers generally cannot deduct money from an employee's wages to cover cash shortages unless the employee willingly agrees in writing and the deduction doesn't bring their wages below the minimum wage. It's important to know that employers must follow state labor... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Now if someone went to the emergency room and they got a doctor's note for having the flu bug and being very dehydrated.

Can the general manager still make you come in on them two days at the doctor said you cannot come in

T. Augustus Claus
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answered on Aug 8, 2023

In Minnesota, as in many states, employers are generally required to provide certain accommodations for employees' health needs. If a doctor has provided a note stating that an employee is unable to work due to illness and dehydration, the employer should generally respect the medical advice... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for your past employer to request I give back my company phone even though they didn’t ask for it back?

My past employer gave me a new phone every year and I signed a contract stating I would give it back each year. Every year that I have worked there they let us keep our devices after we got new ones. They let me keep my iPhone 13 and iPhone 12 in the past. I left the company 5 months ago and they... View More

Robert Kane
Robert Kane
answered on Aug 7, 2023

You signed a contract stating you would give it back each year. It is perfectly legal for your past employer to request you give back your company phone even though they didn’t ask for it back in the past. They were being nice before because you were an employee, now you are not.

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for an employer to take Two days pay if a person misses 1 day without vacation?
T. Augustus Claus
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answered on Jul 18, 2023

In Minnesota, employers are generally required to follow state and federal laws when it comes to pay and deductions. These laws ensure that workers are treated fairly and that employers can't just grab money out of your pocket without a good reason.

If you're facing this kind of...
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1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Can employer fire me for getting a doctor's note to say I need consistent shifts, not float shift, due to epilepsy?

Inconsistent sleep schedule lowers seizure threshold, per my Neurologist.

Robert Kane
Robert Kane
answered on Jul 6, 2023

Perhaps, you need to consult with an ADA attorney.

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal to deduct from a salaried workers pay if they take days off after PTO is used, even if they work 40+ hrs?

I have a very small base salary, and 3/4+ of my pay is generated via commission. When I started I was told I don't get PTO. I just have to generate enough sales to cover my time off if I want a good paycheck. Then at some point they implemented 40hrs of PTO. We are required to work EVERY... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Difficult situation. Usually if you work even an hour a day, the employer cannot deduct, but many wage laws allow a deduction from a salaried worker's pay if they miss an entire day. It does not seem right if you are also working 40+ hours a week. That is full time. This case arises under... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Do i half to have someone too cover my work shift when i call in? If i dont have a cover for shift could i get fired?
Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Employers often have rules regarding work that fall between legal, unfair and illegal. The kind of rule you are describing is one of those. If you were fired because you took a legally protected absence (illness, physical disability, crime victim or religious) and failed to provide a replacement... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Is an employer allowed to force an employee to ask permission to move outside of 45 miles from an office

Work for CHROBINSON

Robert Kane
Robert Kane
answered on May 15, 2023

An employer can have geographical requirements for its employees. Yes, even for remote employees.

1 Answer | Asked in Employment Law, Entertainment / Sports, Intellectual Property and Trademark for Minnesota on
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?

I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

James L. Arrasmith
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answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can...
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1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can I sue my manager for making a racist remark and being biased?

I was helping a elderly couple who came to MN since 6/2022 from Laos do their first time State ID. It took me about half an hour to get it done. The next day I was called into the office by my manager to ask why I took half an hour to do a simple transaction that can take 15min. I explain to my... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2023

This is not a criminal law issue. I'm not sure that suing your manager would be particularly beneficial unless your manager has deep pockets. I suggest that you report the manager to his higher ups and allow them to address the issue internally.

1 Answer | Asked in Employment Law and Tax Law for Minnesota on
Q: Do I need a lawyer if it owe unemployment money

I didn't really understand unemployment when on it. Confused still. Now I could owe a ton of money

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

Hi! You may need to reword your question. Do you owe unemployment taxes? Did you take out unemployment and now owe money back for over payment? There are a few ways to interpret what you are saying.

1 Answer | Asked in Employment Law for Minnesota on
Q: I caught a felony under an old married name, my sentence is up and I’m divorced. Do I still have to use name on job apps
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 10, 2022

This is really more of an employment law question rather than a criminal law question. I’d suggest answering the question in that forum. But I don’t believe that there would be anything illegal about using your maiden name.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: we have no published/signed agreements regarding pto company wide, can my employer legally require me to use PTO?

we have never signed a contract regarding pto nor has a published employee handbook stating pto guidelines been given to me. i am a salaried employee and my time off has never been an issue before as long as my hours are worked at some point or my work is up to date.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2022

Yes. There are no laws that require employers to offer benefits such as PTO, so if your employer chooses to offer it, they can require you use it if you will miss work.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Can they fire me for this I work at Otter Tail County Recycling Center I found $1,600 on the line now I'm on paid suspen

And they're trying to get me for theft I found the money fair and square they always say when work on the line if you find something you want to keep it the 1600 was in the envelope on a piece of paper clip to the money in an envelope that 1,600 the date was 2019 and the bank was Eagle... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 8, 2022

Minnesota is an at-will employment state, meaning you or your employer can terminate the relationship at any time and for any reason. Thus, even if nothing was improper about how you found the money, your employer can still choose to terminate you for this reason (or no reason) at any time.

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: I'm in 18 year who started a job kwikTrip for 2 weeks and today I had a man walk in with facial hair

And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2021

The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... View More

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1 Answer | Asked in Employment Law for Minnesota on
Q: If I ask for a $15 raise and my employer would like me to sign a contract to commit for 2 years. What happens if I leave

Minnesota.

I am nearing the end of my internship. The employer would like to offer me a permanent position at my current pay of $20/hr. I asked for $35/hr and my employer would like me to sign a contract committing to stay for 2 years. I would like to know if I agree and sign. And then... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 7, 2021

More information is needed here, as the answer to your question will depend on the language in the contract your employer wants you to sign. You should consult a Minnesota contract attorney for a review of the specific terms in the proposed contract.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I work for a temp agency. Got fired because of attendance but I just had a heart attack. Is there anything I can do?
Carrie Dyer
Carrie Dyer
answered on Oct 6, 2021

More information is needed to answer your question. In some cases, the Family Medical Leave Act and/or the Americans with Disabilities Act, as well as state laws, can provide you with job protection for missing work due to a serious medical issue. You should contact an employment law attorney in... View More

1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... View More

Paul Lelii
Paul Lelii
answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in Employment Law for Minnesota on
Q: Company asking for repayment of 15000 dollars and they do not have repayment agreements to refer:

I left a company in a period of 1 year 5 months, due to too much toxic culture and suppression by my manager and his boss and due to long time required to find a job. After leaving I am reached by the company to pay back $15000, 33% of the original sign on bonus, because according to them it is... View More

Carrie Dyer
Carrie Dyer
answered on Aug 4, 2021

In order to enforce a repayment obligation provision in a contract, the company must first prove that a contract exists. If you are saying you did not sign a contract, and they cannot provide a signed copy, the company will have a difficult time proving that.

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