Minnesota Employment Law Questions & Answers

Q: told to resign or be fired because they suspected smell of alcohol. No breathilizer. Other staff have kept job for same

1 Answer | Asked in Employment Law for Minnesota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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.)?

Q: I was fired from my job today after months of harassment and bullying. He said it was poor performance.

1 Answer | Asked in Employment Law for Minnesota on
Answered on Mar 12, 2019
Joseph A. Gangi's answer
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, gender, disability, age, etc., then you may have a case. You should discuss the specifics of your situation with an employment attorney to see if there is anything.

Q: Work for a cleaning company

1 Answer | Asked in Employment Law for Minnesota on
Answered on Oct 29, 2018
Joseph A. Gangi's answer
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 contract will require a consultation with an attorney.

Q: After quitting a job, can the employer NOT pay the employee their last paycheck and/or their accrued vacation time?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
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.

Q: Wife fired from our childs daycare after I filed a negative opinion survey citing poor management. Wrongful termination?

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Answered on Aug 15, 2018
Joseph A. Gangi's answer
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.

Q: If a non compete in work file isn't totally filled out nor signed by representative from co. from 2010 is it binding?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
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.

Q: How long do I have to file a civil lawsuit for discrimination at work if I want to pass the MDHR and EEOC process in MN?

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Answered on Jun 4, 2018
Joseph A. Gangi's answer
The EEOC is a federal process with its own set of time and other requirements. If you do not file an administrative charge or take other action, the Minnesota Human Rights Act allows you to file a civil lawsuit alleging a violation of that Act within one year after the discriminatory practice occurred.

Q: Is it legal to have an additional source of income while on J-1 clinical visa?

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Answered on May 5, 2018
Carl Shusterman's answer
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.

Q: I was assured tuition reimbursement when I signed on, 3 years later I was declined $16,000. Am I entitled to my benefit

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jan 11, 2018
Joseph A. Gangi's answer
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.

Q: I was recently employed and let go due to medical reasons. My job did not follow my doctors restrictions and etc

1 Answer | Asked in Medical Malpractice, Personal Injury and Employment Law for Minnesota on
Answered on Jan 11, 2018
Joseph A. Gangi's answer
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,

Q: In minnesota if you demand payment you must get it within 24 hours, but if handling money you can be denied that?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jan 11, 2018
Joseph A. Gangi's answer
I suggest calling the Minnesota Department of Labor and Industry.

Q: Can I sue my employer for money they borrowed from me plus interest

1 Answer | Asked in Employment Law for Minnesota on
Answered on Dec 20, 2017
Lucas Wynne's answer
Will a court award you $3 million? Absolutely not. Instead, you should seek remedy in conciliation court.

Q: I'm being terminated. When does my employer have to pay me? When do they have to release my 401K?

1 Answer | Asked in Employment Law for Minnesota on
Answered on Sep 11, 2017
Joseph A. Gangi's answer
If Minnesota law applies (it says you are from NJ), make a written demand for your wages. Payment is due 24 hours later.

Q: Is there anything I can do?

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Answered on Sep 11, 2017
Joseph A. Gangi's answer
You may have a defamation claim depending on what was said.

Q: If I as terminated for something that I was specifically told I would not be fired for and they did later on terminate

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jul 24, 2017
Joseph A. Gangi's answer
It depends on what they fired you for, whether you have a contract, and other factors.

Q: Can an employer ask you if you are a U.S. citizen in an application OR during an interview?

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Answered on Jun 1, 2017
Joseph A. Gangi's answer
Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.

Q: I am bound by a non compete contract and want to move to competitor but employee says no.

1 Answer | Asked in Employment Law for Minnesota on
Answered on May 9, 2017
Joseph A. Gangi's answer
The answers to your question depend entirely on the language used in the non-compete agreement itself and the circumstances surrounding this contract. You will likely need to pay an attorney to review this information and provide you with an opinion.

Q: My green card is expired I wanted to get a job so I can renew it. I'm a permanent resident.

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Answered on Aug 10, 2016
Shan Dimitris Potts' answer
It depends on where you want to work plus it is not advisable to work without a valid permit. If you do not have the financial ability to pay for your renewal you can request a waiver.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough...

Q: My girlfriend posted a review on Facebook for my work place. They have now threatened to fire me. Can they

1 Answer | Asked in Employment Law for Minnesota on
Answered on Aug 7, 2016
Lucas Wynne's answer
This question is too ambiguous. I have no idea what your girlfriend posted. I have no idea if your girlfriend is a normal or crazy person. I have no idea if you endorsed the review or shared confidential information about your workplace. I have no idea if you violated a contract. I have no idea if the post was accurate or inaccurate.

Q: My boyfriend broke his wrist at home and was given work restrictions his employer is ignoring. What are his options

1 Answer | Asked in Employment Law for Minnesota on
Answered on Jul 29, 2016
Lucas Wynne's answer
http://www.jdschroederlaw.com/apps/blog/show/43289289-when-an-employer-ignores-your-restrictions-stand-firm

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