My former employer is withholding my wages for not returning my employee handbook. I’ve read the handbook front to back numerous times, it doesn’t state anything about being penalized for not returning it. I’ve also never signed anything or been verbally told otherwise on the matter

Greg Mansell
answered on Nov 6, 2019

This could violate the Fair Labor Standards Act if the deduction of wages results in you making less than minimum wage for all hours worked.

I've been with my current company for over a year, which is the probation period before we can apply for another position internally. There's been an open position at my company since the previous employee vacated it back in March of this year. The position was posted in May, and I had... View More

Joseph A. Gangi
answered on Jun 27, 2019

Missing from your question is *why* you think you were treated differently. If you were not considered for the position because of race, gender, age, disability, or some other protected class or protected conduct, then you may have a claim worth pursuing.

Worked 5 years. All evaluations are positive. No disciplinary reports in file.

Lucas Wynne
answered on Mar 20, 2019

I assume your question is whether you have a lawsuit on your hands - can you show that your employer is actually firing you for a different reason (race, religion, etc.)?

I was harassed and bullied by the Director. I may be able to get statements from coworkers and I have written down numerous occasions in which this happened. I feel that I have PTSD and anxiety due to this experience. I will be seeking $500,000.00. I live check to check have 3 kids to clothe and... View More

Joseph A. Gangi
answered on Mar 12, 2019

Minnesota is an "at will" employment state so generally speaking you can be fired for just about any reason, so long as it is not discriminatory or retaliatory. The law does not require people to treat you nicely. But if you can show that you were terminated because of your race,... View More

Was gonna work for a cleaning company and they wanted me to sign a contract and stated in it that if I ever quit working there I could not do any cleaning as a individual contractor or for any other business within a 75 mile radius. Can they legally control what you do for 2 years after your... View More

Joseph A. Gangi
answered on Oct 29, 2018

The company asked you to sign a "non-compete" agreement. If you did not sign the agreement, you have nothing to worry about. If you did sign the agreement, it may or may not be enforceable depending on a variety of circumstances. Specific questions based on the specific language of the... View More

My wife was the nurse at our children’s daycare in MN for nearly 2 years. She did not have a history of corrective actions or anything negative in her employment there. New management took over the facility around a year ago and soon thereafter her dual role as parent and employee were not... View More

Joseph A. Gangi
answered on Aug 15, 2018

Minnesota is an at-will employment state. From the facts presented, it does not appear to be an illegal termination, but you may want to discuss this further with an employment attorney. A more interesting question relates to the apparently *not* anonymous survey.

The employer had the employee sign on document upon hire that they would forfeit their last paycheck and their accrued vacation on they terminated employment.

Joseph A. Gangi
answered on Aug 15, 2018

In Minnesota, employers must pay an employee who quits typically at the next regularly scheduled payday. If there is a contract with different terms, you will want to have an attorney review that.

The non compete was signed by me in 2010 after hire in 2007 however it was never totally filled in nor signed by emploer.

Joseph A. Gangi
answered on Jun 4, 2018

It depends on a number of things. Schedule a consult with an employment attorney to discuss the specifics of your situation and the actual language of the agreement.

Individuals pursuing medical residency training on J-1 clinical visa can only have one employer as listed on their DS 2019. However, it is unclear if they may earn an additional income via sources such as rent/airbnb, property investment, uber etc in the US. Obviously, the taxes would have to be... View More

Carl Shusterman
answered on May 5, 2018

In the 9th Circuit which is on the West Coast, this would not be a problem due to a decision called Bhakta v. INS. However, I don't believe that Courts in the MidWest have ruled on this question.

i got a part time job in january and didn't correctly claim my earnings. i'm wondering how i should fill out the form they sent asking for changes to my earnings? i don't have a legitimate excuse: i recently went through a divorce, have been dealing with mental health problems, and... View More

Example: Could a police officer run for State Senate, win, and hold office while maintaining their position on the police force?

says there are no hours to give me at this time. I am going to look for another job. Do I have to disclose the details of my recent absence (suicide attempt) to a potential employer? If my current employer is contacted for a reference, is it lawful for them to disclose the details of why I took... View More

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... View More

Joseph A. Gangi
answered on Jan 11, 2018

I suggest calling the Minnesota Department of Labor and Industry.

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
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,

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
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.

They used my personal Credit card for a company purchase without my permission. When I found out I sent an email that stated terms At 25% daily interest rate compounded daily, the owner responded to this email agreeing to the terms. We then had a meeting and agreed that they would pay the minimum... View More

Lucas Wynne
answered on Dec 20, 2017

Will a court award you $3 million? Absolutely not. Instead, you should seek remedy in conciliation court.

My employer is using the "other duties as assigned" to force me to work a job other than my own because they are short staffed. This is not the job I was hired to do and entails working with a client who is undocumented and somehow managed to acquire health insurance. A regular duty... View More

The company paid for my Masters program in computer science and now wants ownership of the rights of my Masters project work. This work had nothing to do with the companies business (I came up with the idea on my own) and I did all the work on my own time. Does the company have rights like this to... View More

Can my boss ask for validation from a family member about whether or not I have a chronic illness? I work at a company that a cousin of mine works at as well, although she works in a different department. I had previously informed my employer that I have a chronic illness (lupus) and yesterday I... View More