Get free answers to your Employment Law legal questions from lawyers in your area.
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 
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
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
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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:... View More
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
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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
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
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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... View More
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
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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
I am seeking information on the procedure for expunging two Harassment Restraining Orders (HROs) in Minnesota. One HRO has expired, and the other was dismissed. There have been no violations. I need them expunged to ensure a clean background check for employment purposes. What steps do I need to... View More
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answered on Apr 13, 2025
Based on Minnesota law, expunging Harassment Restraining Orders (HROs) involves a specific legal procedure that can help clear your record for employment background checks. To begin the expungement process, you will need to complete Form EXP101 - the "Petition for Expungement of Executive... View More
I am a PCA worker through an agency paid by the Minnesota Department of Health, and I receive my wages biweekly. I recently found out that my paycheck for the pay period from March 2 to March 15 won't be ready until March 27. Is this delay in payment legal in Minnesota?
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answered on Apr 13, 2025
Based on Minnesota's wage payment laws, the delay you're describing appears to violate state regulations. Minnesota Statute 181.101 requires employers to pay wages at least once every 31 days and all wages earned by an employee during a pay period must be paid to the employee within 10... View More
I work at a group home for disabled adults in Minnesota and have requested workplace accommodations to take a 15-minute break every 4 hours due to my disability, backed by documentation. My employer denied this request, stating I might be solo during break times. They also want my provider to... View More
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answered on Apr 13, 2025
Based on the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA), your employer's denial of your accommodation request raises several legal concerns. Under these laws, employers must provide reasonable accommodations to qualified employees with disabilities unless doing... View More
I have been experiencing harassment and bullying at the restaurant where I work, including gossip, mean remarks, not receiving help, and mockery. I've made formal complaints to HR and management, but nothing has been documented or resolved, and HR has not returned my calls. Now, I've been... View More
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answered on Apr 12, 2025
Being asked to move to another restaurant after you’ve reported harassment and bullying could be seen as retaliation, especially if the request is tied to the complaints you made. Retaliation occurs when an employer takes an adverse action against an employee for asserting their rights, such as... View More
I interviewed for a job in the hospital unit where I currently work and believe I was not given a fair chance due to personal biases. After the interview, the hiring leader provided feedback that included personal insults and attacks on my character, suggesting that many colleagues feel the same... View More
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answered on Apr 7, 2025
I'm really sorry you're going through this, and I can imagine how painful it must be to feel this way at work. Based on what you're describing, you could potentially have a legal claim depending on several factors. Workplace discrimination, harassment, and retaliation are all legal... View More
I worked at my company for 13 years without any prior write-ups. Recently, I was placed on a performance plan to improve various scores. Shortly after, I took FMLA leave due to my dad's heart surgery and my wife's miscarriage. Upon returning 30 days later, I improved most of my scores,... View More
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answered on Mar 26, 2025
You may have grounds for legal action based on several concerning elements in your situation. The timing of your termination after FMLA leave raises potential retaliation concerns, as federal law prohibits employers from using FMLA-protected leave as a negative factor in employment decisions. Your... View More
I started working for my employer in 2019 while serving in the military since 2017. I recently discovered that the company has a paid military leave policy, but I was never informed about it until now, in 2025. When I asked my employer about this, they said they were unaware of the policy. I have... View More
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answered on Mar 25, 2025
You have legal protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which safeguards military service members' employment rights. Your employer's failure to inform you about their military leave policy may violate these protections, especially since... View More
I was arrested for a DUI. I currently work as an intervener at a school. I haven't discussed my situation with a legal advisor yet, but I'm concerned that I may get fired. Am I required to inform my employer about the DUI arrest, considering I am still able to perform my job duties,... View More
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answered on Mar 24, 2025
Good question but more information is needed. I typically refer my clients to their employee handbook and or employee contract. However, and generally speaking, on a misdemeanor level and assuming that you do not drive as part of your employment responsibilities for the school, I would not expect... View More
2 persons working around minors, both have been charged with felonies regarding minor sexual assault, both previously charged for not registering as offenders. Unsure if they are registered now, but still working around children under 18
answered on Mar 21, 2025
Whether they can work around children is entirely dependent on their conditions of release or probation (if they have been convicted). There is no way to answer this question definitively without access to more information. Of course, the fact that they can work around children doesn't mean... View More
In December last year, I was held down and sexually assaulted. There are eyewitnesses, and the assault is recorded in the high school's file. I have not yet reported the incident to the police or taken any legal action. What steps should I take to press charges and ensure my case is handled... View More
answered on Mar 21, 2025
Individuals don't "press" charges. Charges in cases like this are filed by the county attorney following an investigation by law enforcement. I would be surprised if this matter wasn't already investigated. You indicate in your question that the assault is recorded in the high... View More
Our policy is that we can not ask for tips at the drive through window
answered on Feb 13, 2025
Yes, your employer can fire you from your job at Pizza Hut for asking for a tip at the drive through window even if there wasn't a policy.
I’m currently on STEM OPT. I have a job and my employer is enrolled in e-verify program. I file taxes and everything legally. I have a question regarding a new opportunity to open a business in the field of direct sales to distribute Amway products. I will be provided with a registered company... View More
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answered on Feb 5, 2025
As an individual on STEM OPT, your primary focus should be on your job that is directly related to your field of study. Your visa status allows you to work for an employer who is enrolled in the E-Verify program, but any additional work, such as a side business, needs to be carefully considered.... View More
Corporate came in and told us our boss was on leave but never specified what kind of leave he is on. He then told us due to confidentiality we are not allowed to contact our boss. What is the legality of this procedure. My boss would never do this. I am in recovery and have known my boss alot... View More
answered on Oct 29, 2024
Yes, a corporation restrict an employee from talking to an employee who is on leave.
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
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.
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
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.
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