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Minnesota Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... Read more »

Paul Lelii
Paul Lelii answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in Employment Law for Minnesota on
Q: Company asking for repayment of 15000 dollars and they do not have repayment agreements to refer:

I left a company in a period of 1 year 5 months, due to too much toxic culture and suppression by my manager and his boss and due to long time required to find a job. After leaving I am reached by the company to pay back $15000, 33% of the original sign on bonus, because according to them it is... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 4, 2021

In order to enforce a repayment obligation provision in a contract, the company must first prove that a contract exists. If you are saying you did not sign a contract, and they cannot provide a signed copy, the company will have a difficult time proving that.

1 Answer | Asked in Employment Law for Minnesota on
Q: How much freedom does an employer have to change shift start time?

I am a manager and for the last 2.5 years I have been coming into work at 8:30. They are now asking that all managers come in at 6:45 for a morning meeting. I am not willing to accommodate this schedule. I have purposefully stated only that this is for "personal reasons". They are not... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Your employer is generally free to change your hours or shift start time at any time for any reason. In general, there is no recourse for you if your employer disciplines and/or terminates you for failing to attend a mandatory pre-shift meeting. If the reason for your unwillingness to attend the... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Can an employer force you to attend meetings/team huddles where they only ask personal questions, not work related issue

I am extremely private and do not mix my personal life and professional life, yet I am required to attend meetings where they ask a personal question weekly. No work related issue is discussed. Only a topic of conversation geared toward personal lives. I live in Minnesota

Carrie Dyer
Carrie Dyer answered on May 12, 2021

Generally, yes, your employer can require that you attend meetings at work, regardless of what is discussed. At the meetings, are you able to avoid participating in conversations of an entirely personal nature? If you are not compensated for the time spent in these mandatory meetings, you should... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I am looking to see if my non-compete will interfere with a possible new position.

I have a copy of my non-compete and can share it.

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Hello, you need to reach out to an employment law attorney in the state in which the non-compete is governed by. There is usually a choice of law provision towards the end of the agreement. Non-compete laws vary state to state, so only an attorney licensed to practice in the state in which it... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for an employer to deny an unpaid leave of absence for an employee getting help for addiction?

I am currently getting help for alcoholism and I asked my employer for time off to complete a program. They told me because they were short staffed they couldn’t allow my time off for treatment. I thought I was covered under ADA or ADAAA.

I’m just trying to get some clarification... Read more »

Paul Lelii
Paul Lelii answered on Feb 24, 2021

An employer in Minnesota must comply with statutory law regarding providing treatment for addiction when requested. I suggest you consult with an employment law attorney so she or he can determine how the facts of your case show the employer is liable to you for violating the law. Employment is... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I was terminated due to taking off work and then not coming in to help when I was called in during the time I had off.

In my exit interview it was also brought up that I failed a drug test at a previous employer 3 years ago I never gave anyone permission to disclose such information. The fact that I was let go in part die to things that occurred years ago and are not currently occurring make me believe my past... Read more »

Kyle Anderson
Kyle Anderson answered on Feb 17, 2021

More information is needed here. Why did you take time off work? If it was for a medical condition, you may have protection under the ADA or FMLA. I would recommend reaching out to an employment attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can I get fired for getting into a physical fight at work in Minnesota?

I am Hispanic and my English is not that good. A crew member came up to me and he had something to me that I did not understand so I was telling him I don’t understand and that to repeat himself. He got upset and started cussing at me and shoved me. I physically reached out to him from getting to... Read more »

William Bailey
William Bailey answered on Feb 1, 2021

Minnesota is an at will employment state. That means that unless you have a contract stating otherwise, you can be terminated for any reason (aside from membership in a protected class) or even for no reason at all.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my employer change my job title, decrease my pay by $10/hr, but not change the duties associated with my job?
Kyle Anderson
Kyle Anderson answered on Jan 27, 2021

Hello, more information is needed here to fully evaluate your situation. An employer is allowed to do these things, except if it is based on your membership in a protected class (race, religion, disability, etc.) or in response to you engaging in a protected activity (complaining about... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Employer won’t allow return to work with temporary restrictions following medical leave. What are our rights?

Husband on 2week temp med leave to return on 12/28 with restricted hours (8 hour shifts) and breaks every 4 hours, no ladder climbing for a period of 3 weeks. Employer won’t allow return with restrictions. What are our rights? Live in MN. Large privately owned company.

Carrie Dyer
Carrie Dyer answered on Dec 22, 2020

Additional information is needed to answer your question. If your husband's medical condition qualifies as a "disability" under the Americans with Disabilities Act, then your husband can request an accommodation of a 2-week medical leave, followed by 3 weeks of medical restrictions.... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Work comp continuing to pay me lost wages told them I’m back to work multiple times. What do I do?

I was working through a temp company and got hurt which led to me having surgery. I am now at a new job and was receiving comp for lost wages for a few days. I have contacted the work comp company several times telling them I’m back to work and they keep sending me checks. I have had two... Read more »

Paul Lelii
Paul Lelii answered on Dec 12, 2020

Hello Sir. A worker's compensation claim that is valid is one reason they keep paying you. Sorry for your injuries. You should contact an attorney who specializes in workers' compensation. My guess is you may receive a settlement for the case. I would not cash the checks or be prepared to... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I was hired in MN for a job and have to do a drug test, do I have to drive there for the test if I live in WI?
William Bailey
William Bailey answered on Nov 25, 2020

You would need to ask the employer that is requiring the drug test. I would imagine you could go to a lab closer to where you live and they would accept the results as long as it is from a reputable lab and is an observed test.

1 Answer | Asked in Employment Law for Minnesota on
Q: Is there any laws in Minnesota that requires me to tell my employer I want to quit my job?
William Bailey
William Bailey answered on Nov 20, 2020

Generally, employment is at-will. This means that you can quit at any time for any reason or no reason at all but you can also be fired at any time for any non-discriminatory reason or no reason at all. Unless you have a contract that requires something different, you should be able to just quit... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: my general manager held his office door shut preventing me from leaving.

my unemployment benefits are being withheld.

Paul Lelii
Paul Lelii answered on Oct 25, 2020

I hope your okay physically due to your manager's aggressive behavior. I suggest you contact law enforcement to report the facts to them in addition to making it known to your employer in writing as to what happened. Tell the truth always. If your benefits for unemployment are being withheld,... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I was hired by a company a couple months ago, can they fire me due to COVID?

I was hired by a company and I’ve been working for a couple months, I started experiencing Covid symptoms, I had to get tested because a person in my household works at a nursing home and if anyone she’s around experiences symptoms they must be tested before she can return to work, this company... Read more »

Claudia A. Reis
Claudia A. Reis answered on Oct 20, 2020

No, your employer cannot fire you. The Families First Coronavirus Response Act (FFCRA) provides employees, who work for employers with less than 500 employees, up to two weeks (or 80 hours) of sick leave paid at employees' regular pay rate if those employees are unable to work because they... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... Read more »

2 Answers | Asked in Employment Law for Minnesota on
Q: Mandated masks at work and anxiety issues put me on Unpaid leave. What are my rights? (I am not anti mask)

Tried it the 1st day, had 5-6 panic attacks, and was harassed imo by my bosses all day long, complaint was filed. Was informed to take unpaid leave of absence. Saw doctor, meds too weak to work and stronger ones you cant work on, next would be psychologist but since I don't have insurance or... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 29, 2020

Your employer can request medical information to support your request for an accommodation under the Americans with Disabilities Act. You should talk to your doctor and your employer to inquire about other possible accommodations for your anxiety that would allow you to continue to work. Does... Read more »

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1 Answer | Asked in Contracts and Employment Law for Minnesota on
Q: Can a door-to-door sales company refuse to pay you your commission earnings if you aren't bound to set dates or hours?
Paul Lelii
Paul Lelii answered on Jul 25, 2020

Hello there. The facts you pose begs the questions what provided reason by the company for not paying your commissions, and whether you have a written contract that governs the relationship. Also, the state law in the state you live in may govern your relationship with the company. Generally, a... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I received a call from my ex supervisor while I was on low need status informing me that my position was terminated

Does my employer have grounds to do this, it's the covid stuff is why I on low need or/ was laid off, and before i could come back my position was dissolved?

Paul Lelii
Paul Lelii answered on Jul 7, 2020

Sir, in today's employment setting, this is a cutting edge legal question. First, more information is needed, for example, why were you actually on leave? Was it medical or just covid-19 reasons in general? Thus, it is hard to answer your question without greater details about the employer,... Read more »

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 »

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