Lawyers, Answer Questions  & Get Points Log In
Minnesota Employment Law Questions & Answers
1 Answer | Asked in Business Law and Employment Law for Minnesota on
Q: If I was approved an FMLA but then furloughed by the company, do days associated with furlough count towards the FMLA?

...

Paul Lelii
Paul Lelii answered on Jun 17, 2020

Sir, this is a general opinion about the FLMA law. A full-blown investigation is required to really understand the facts of your case. See www.leliilaw.com. Paul Lelii 651-587-9663

Whether an employer may count a holiday against an employee's Family and Medical Leave Act (FMLA)...
Read more »

2 Answers | Asked in Employment Law for Minnesota on
Q: I have to pick up truck at shop..stay on their direction all day..no personal diviation.portal act..they pay all day?

Hourly in MN..painter

Carrie Dyer
Carrie Dyer answered on Jun 17, 2020

If you are asking whether you need to be paid for the time spent driving from the company's shop with the work truck to the job site, and between job sites throughout the day, your employer should be compensating you for that drive time. You should contact an employment lawyer in your area to... Read more »

View More Answers

1 Answer | Asked in Employment Law for Minnesota on
Q: Forced to use vacation time or no pay

While at work we were sent home early because our work system was compromised and we were told we would not be working the following day as well and we would have to either use vacation time or not get paid I was wondering if that is something they are allowed to do or are they suppose to be... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 8, 2020

Under the Fair Labor Standards Act, employers are only required to pay their employees for time worked. While most employers offer some form of paid time off as well, this is not required. In this situation, since you haven't performed any work on these days, the FLSA does not require that you... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Minnesota on
Q: I’m in the pre-startup phase of forming my company and I’m looking for employees to “hire“.

My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.

1 Answer | Asked in Employment Law for Minnesota on
Q: Am I entitled to overtime?

I’m a restaurant manager in Saint Paul Minnesota, I make less than $45,000 a year I get Health and dental Insurance and bonuses, provided I meet certain goals. I typically work 50-55 hours a week, should I be receiving overtime?

Carrie Dyer
Carrie Dyer answered on Mar 11, 2020

Whether you are entitled to overtime depends on whether you are properly considered a salary-exempt employee under the Fair Labor Standards Act. If you are a non-exempt employee, paid on an hourly basis, then you should be receiving overtime (time and one half your regular rate of pay) for all... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I have a question about employment wrongful termination .

I I was fired for refusing a piss test. That I never refused the company I work for broke federal law when giving me the piss test

Kyle Anderson
Kyle Anderson answered on Feb 19, 2020

Unfortunately, there is very little protection for individuals when it comes to refusal of a drug test. Because you are an at-will employee, an employer may terminate you for any reason, or no reason at all, unless it is an unlawful reason. If you feel as though you were singled out based on your... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for my employer to write me and only me up for something everyone is doing?
Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

It is not per se unlawful for your employer to single you out and discipline you for things others are doing. However, if you are being disciplined for things similarly-situated coworkers are also doing without consequence, and you believe the disparate treatment is due to your membership in a... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I was told by my supervisor that if I have too many FMLA days they will take away the 1 day a week I can work from home

My entire team works from home on Fridays and I was told I would be expected to be in the office if I have too many unplanned FMLA days.

I am on intermittent FMLA for my own serious health condition.

I feel I am being punished for having FMLA

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

In general, an employer cannot use your need to take intermittent FMLA as a negative factor in making an employment decision. More details are needed to determine whether an FMLA violation has occurred. You should consult with an employment attorney as soon as possible to determine the best... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my former employer withhold wages for not returning my employee handbook?

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
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.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Minnesota on
Q: What are the legal actions I can take if I believe I've been discriminated out of a job position within my company?

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... Read more »

Joseph A. Gangi
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.

1 Answer | Asked in Employment Law for Minnesota on
Q: told to resign or be fired because they suspected smell of alcohol. No breathilizer. Other staff have kept job for same

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

Lucas Wynne
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.)?

1 Answer | Asked in Employment Law for Minnesota on
Q: I was fired from my job today after months of harassment and bullying. He said it was poor performance.

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... Read more »

Joseph A. Gangi
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,... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Work for a cleaning company

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... Read more »

Joseph A. Gangi
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... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: After quitting a job, can the employer NOT pay the employee their last paycheck and/or their accrued vacation time?

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
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.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: Wife fired from our childs daycare after I filed a negative opinion survey citing poor management. Wrongful termination?

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... Read more »

Joseph A. Gangi
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.

1 Answer | Asked in Employment Law for Minnesota on
Q: If a non compete in work file isn't totally filled out nor signed by representative from co. from 2010 is it binding?

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
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.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
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?
Joseph A. Gangi
Joseph A. Gangi answered on Jun 4, 2018

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... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Q: Is it legal to have an additional source of income while on J-1 clinical visa?

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... Read more »

Carl Shusterman
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.

1 Answer | Asked in Employment Law for Minnesota on
Q: I was assured tuition reimbursement when I signed on, 3 years later I was declined $16,000. Am I entitled to my benefit

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
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.

1 Answer | Asked in Medical Malpractice, Personal Injury and Employment Law for Minnesota on
Q: I was recently employed and let go due to medical reasons. My job did not follow my doctors restrictions and etc

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
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,

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.