I am currently getting help for alcoholism and I asked my employer for time off to complete a program. They told me because they were short staffed they couldn’t allow my time off for treatment. I thought I was covered under ADA or ADAAA.
I’m just trying to get some clarification... View More 
answered on Feb 24, 2021
An employer in Minnesota must comply with statutory law regarding providing treatment for addiction when requested. I suggest you consult with an employment law attorney so she or he can determine how the facts of your case show the employer is liable to you for violating the law. Employment is... View More
In my exit interview it was also brought up that I failed a drug test at a previous employer 3 years ago I never gave anyone permission to disclose such information. The fact that I was let go in part die to things that occurred years ago and are not currently occurring make me believe my past... View More
answered on Feb 17, 2021
More information is needed here. Why did you take time off work? If it was for a medical condition, you may have protection under the ADA or FMLA. I would recommend reaching out to an employment attorney in your state for a consultation.
I am Hispanic and my English is not that good. A crew member came up to me and he had something to me that I did not understand so I was telling him I don’t understand and that to repeat himself. He got upset and started cussing at me and shoved me. I physically reached out to him from getting to... View More
answered on Feb 1, 2021
Minnesota is an at will employment state. That means that unless you have a contract stating otherwise, you can be terminated for any reason (aside from membership in a protected class) or even for no reason at all.
answered on Jan 27, 2021
Hello, more information is needed here to fully evaluate your situation. An employer is allowed to do these things, except if it is based on your membership in a protected class (race, religion, disability, etc.) or in response to you engaging in a protected activity (complaining about... View More
Husband on 2week temp med leave to return on 12/28 with restricted hours (8 hour shifts) and breaks every 4 hours, no ladder climbing for a period of 3 weeks. Employer won’t allow return with restrictions. What are our rights? Live in MN. Large privately owned company.
answered on Dec 22, 2020
Additional information is needed to answer your question. If your husband's medical condition qualifies as a "disability" under the Americans with Disabilities Act, then your husband can request an accommodation of a 2-week medical leave, followed by 3 weeks of medical restrictions.... View More
I was working through a temp company and got hurt which led to me having surgery. I am now at a new job and was receiving comp for lost wages for a few days. I have contacted the work comp company several times telling them I’m back to work and they keep sending me checks. I have had two... View More
answered on Dec 12, 2020
Hello Sir. A worker's compensation claim that is valid is one reason they keep paying you. Sorry for your injuries. You should contact an attorney who specializes in workers' compensation. My guess is you may receive a settlement for the case. I would not cash the checks or be prepared to... View More
answered on Nov 25, 2020
You would need to ask the employer that is requiring the drug test. I would imagine you could go to a lab closer to where you live and they would accept the results as long as it is from a reputable lab and is an observed test.
answered on Nov 20, 2020
Generally, employment is at-will. This means that you can quit at any time for any reason or no reason at all but you can also be fired at any time for any non-discriminatory reason or no reason at all. Unless you have a contract that requires something different, you should be able to just quit... View More
my unemployment benefits are being withheld.
answered on Oct 25, 2020
I hope your okay physically due to your manager's aggressive behavior. I suggest you contact law enforcement to report the facts to them in addition to making it known to your employer in writing as to what happened. Tell the truth always. If your benefits for unemployment are being withheld,... View More
I was hired by a company and I’ve been working for a couple months, I started experiencing Covid symptoms, I had to get tested because a person in my household works at a nursing home and if anyone she’s around experiences symptoms they must be tested before she can return to work, this company... View More
answered on Oct 20, 2020
No, your employer cannot fire you. The Families First Coronavirus Response Act (FFCRA) provides employees, who work for employers with less than 500 employees, up to two weeks (or 80 hours) of sick leave paid at employees' regular pay rate if those employees are unable to work because they... View More
Install team,
Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.
The only time it is optional is when you are outside of the home and separated by at least 6 feet.... View More
answered on Sep 16, 2020
Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... View More
Tried it the 1st day, had 5-6 panic attacks, and was harassed imo by my bosses all day long, complaint was filed. Was informed to take unpaid leave of absence. Saw doctor, meds too weak to work and stronger ones you cant work on, next would be psychologist but since I don't have insurance or... View More
answered on Jul 29, 2020
Your employer can request medical information to support your request for an accommodation under the Americans with Disabilities Act. You should talk to your doctor and your employer to inquire about other possible accommodations for your anxiety that would allow you to continue to work. Does... View More
answered on Jul 25, 2020
Hello there. The facts you pose begs the questions what provided reason by the company for not paying your commissions, and whether you have a written contract that governs the relationship. Also, the state law in the state you live in may govern your relationship with the company. Generally, a... View More
Does my employer have grounds to do this, it's the covid stuff is why I on low need or/ was laid off, and before i could come back my position was dissolved?
answered on Jul 7, 2020
Sir, in today's employment setting, this is a cutting edge legal question. First, more information is needed, for example, why were you actually on leave? Was it medical or just covid-19 reasons in general? Thus, it is hard to answer your question without greater details about the employer,... View More
Hourly in MN..painter
answered on Jun 17, 2020
If you are asking whether you need to be paid for the time spent driving from the company's shop with the work truck to the job site, and between job sites throughout the day, your employer should be compensating you for that drive time. You should contact an employment lawyer in your area to... View More
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answered on Jun 17, 2020
Sir, this is a general opinion about the FLMA law. A full-blown investigation is required to really understand the facts of your case. See www.leliilaw.com. Paul Lelii 651-587-9663
Whether an employer may count a holiday against an employee's Family and Medical Leave Act (FMLA)... View More
While at work we were sent home early because our work system was compromised and we were told we would not be working the following day as well and we would have to either use vacation time or not get paid I was wondering if that is something they are allowed to do or are they suppose to be... View More
answered on Apr 8, 2020
Under the Fair Labor Standards Act, employers are only required to pay their employees for time worked. While most employers offer some form of paid time off as well, this is not required. In this situation, since you haven't performed any work on these days, the FLSA does not require that you... View More
My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?
answered on Apr 8, 2020
If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.
I’m a restaurant manager in Saint Paul Minnesota, I make less than $45,000 a year I get Health and dental Insurance and bonuses, provided I meet certain goals. I typically work 50-55 hours a week, should I be receiving overtime?
answered on Mar 11, 2020
Whether you are entitled to overtime depends on whether you are properly considered a salary-exempt employee under the Fair Labor Standards Act. If you are a non-exempt employee, paid on an hourly basis, then you should be receiving overtime (time and one half your regular rate of pay) for all... View More
I I was fired for refusing a piss test. That I never refused the company I work for broke federal law when giving me the piss test
answered on Feb 19, 2020
Unfortunately, there is very little protection for individuals when it comes to refusal of a drug test. Because you are an at-will employee, an employer may terminate you for any reason, or no reason at all, unless it is an unlawful reason. If you feel as though you were singled out based on your... View More
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