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Minnesota Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Employment law. Forced to resign by Target corp due to severe mental health issues.

I was recently forced to resign from my position after I was on a leave that was approved by my director and human resources. I had a newborn baby in May 2023 and my wife develop to severe postpartum depression in that caused me Develop severe depression, panic attacks and horrible anxiety that... View More

Robert Kane
Robert Kane
answered on Apr 8, 2024

This is matter you will need to discuss directly with an attorney to determine whether you have any viable claims. Your inability to perform your job is a concern. Your disability needs to be diagnosed. Your conclusions will need to be supported. The expense required to represent you will be... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Can a company fire you after your last day?

I got into a little trouble with my job. I was given permission by a supervisor to take food to be thrown away at the end of the night. I did that for a while. I got caught by management, they sent it up to corporate. I gave my 2 weeks for unrelated reasons in the meantime. My second to last... View More

James L. Arrasmith
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answered on Mar 5, 2024

Based on the information you provided, it seems that your employer may be attempting to retroactively terminate your employment after your last day, which could potentially affect your eligibility for unemployment benefits. Here are a few points to consider:

1. Resignation vs. Termination:...
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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: 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.

1 Answer | Asked in Contracts, Employment Law and Business Formation for Minnesota on
Q: How can a subsidiary find a new owner, when the owner wouldn't want to sell due to the subsidiary's financial success?

The subsidiary is in a very unhealthy relationship with their owner. The owner doesn't treat the subsidiary well, doesn't invest in the subsidiary and has become a competitor. Additionally, the subsidiary is charged a hefty fee for administrative support from the owner which isn't... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

I apologize, but I am not entirely sure what type of relationship you are describing. Your description would include many different scenarios. Most importantly would be any contractual obligations of the parties. I have no doubt the subsidiary has options, but I don't know what may be the best one.

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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