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Minnesota Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Minnesota on
Q: Can an employer require you to come in to work on a weekend with less than a day prior notice?

My friend was not scheduled to work this weekend, and was informed on Friday that he would have to come in to work the weekend because they sent the team that was previously scheduled to work out of state. I thought I remembered seeing that they were required to give at least a 24 hour notice... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Minnesota, there is no specific state law that mandates a minimum notice period for scheduling changes, such as requiring an employee to work on a weekend with less than a day's notice. However, certain industries and collective bargaining agreements may have specific provisions regarding... View More

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Health Care Law for Minnesota on
Q: I was on a probationary period in my beginning of employment, my job put me in the hospital had surgery, can I be fired

I was lifting heavy objects and climbing up and down ladders and I ended up getting a cyst that ruptured on my tail bone, ended up in surgery. They said I’d be able to continue work in 4 weeks I kept in contact during and after my procedure with my company of employment, when I brought the... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your case, where you were terminated after a work-related injury during a probationary period, several factors need to be considered.

First, examine the terms of your employment, especially any probationary policies. Employers often have more discretion in terminating employment during...
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1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Can a US citizen work in the USA without applying or having the intension to apply for a Social Security number

I want to know if there is any possibility to work within the USA without a SSN as an American citizen. Ergo paying income tax without a SSN

T. Augustus Claus
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answered on Jan 4, 2024

In the United States, it is generally required for individuals working and earning income to have a Social Security number (SSN). A Social Security number is used for various purposes, including tax identification, and is typically required by employers for payroll and tax reporting. While there... View More

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: 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, 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 Law for Minnesota on
Q: Can I be fired for repeating known workarounds to a company policy to my team members heard from my manager?

Company policy at my remote company does not allow working outside the lower 48. I repeated this policy to my direct report. I also told them no one really checks where we work from, which I heard directly from my manager and the president of the company. I also had direct knowledge of other team... View More

Robert Kane
Robert Kane
answered on Feb 27, 2024

Unless your position is covered by a contract prohibiting this specific termination, there is probably nothing inappropriate or unfair. Feel free to seek a legal opinion.

1 Answer | Asked in Employment Law for Minnesota on
Q: Company raises max pay and minimum pay. Now maxed out employees instead of getting an automatic bump. Must have a review

So my company raised the max and min pay $0.90 and in the past they have automatically raised those who are topped out to the new top out but now they decided to have reviews for everyone and they would get up to the $.90 new top out. And because they are raising the top out at end of year no one... View More

Robert Kane
Robert Kane
answered on Dec 13, 2023

As I understand your situation with some general assumptions, I don't believe the company has done anything that violates the law.

1 Answer | Asked in Criminal Law and Employment Law for Minnesota on
Q: How do I know if my right to possess firearms was taken away?

I was charged with multiple violent felonies that were dismissed, and convicted of a misdemeanor (domestic assault.) I am not looking for an answer here, but want to know where to go for an absolute “yes” or “no.” Is there a service, agency or person that can provide the answer? Does an... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 20, 2023

A domestic assault conviction is bar to the possession of firearms under federal law.

Q: I am having a problem with McDonald's. Evidently I failed the background check, but they refuse explain or give reason.

Can anyone tell me, are my MN state rights being violated and stuff? Are there any lawyers that can help? Am I able to sue?

I'm sure there is more explanation I can give regarding all this, but please someone help me get some of this figured out.

Robert Kane
Robert Kane
answered on Nov 20, 2023

I believe you are entitled to a copy of the background check, but they are not obligated to identify what specific information was used in denying your employment. I do not handle these types of cases, but some law firms do. Contact employment law firms directly.

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1 Answer | Asked in Contracts and Employment Law for Minnesota on
Q: I signed an employment agreement and they didn’t pay me what they said they were, so they have to pay me that wage?

I signed an employment agreement to a certain wage, and when my first paycheck came, they did not give me the correct wage that we agreed upon on the papers that I signed

Robert Kane
Robert Kane
answered on Oct 3, 2023

What did they say when you brought it to their attention? I am sorry, but what are you expecting as a response?

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Can i sue my employer for my manager sharing my personal medical information with employees after i said not to
Robert Kane
Robert Kane
answered on Aug 30, 2023

Whether you have a viable lawsuit can only be determined with much more information. Prepare a clear and concise statement of the facts and organize your evidence to present to attorneys.

Ask yourself, "if I was on a jury, how much would I give a stranger with the same problem?"

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: 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 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.

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