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Minnesota Employment Law Questions & Answers

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 applied to... Read more »

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 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 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, gender,... 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 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 contract... 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 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 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 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 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 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 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 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,

1 Answer | Asked in Employment Law for Minnesota on

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

I was terminated on the 7th of this month. I put in a demand for payment on the 9th. Not receiving it in my direct deposit, I called my employer and he said that he could wait up to 10 days to give me my wages because I handle money and I would be paid on Friday. This law seems ridiculous and I... Read more »

Joseph A. Gangi answered on Jan 11, 2018

I suggest calling the Minnesota Department of Labor and Industry.

1 Answer | Asked in Employment Law for Minnesota on

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

They used my personal Credit card for a company purchase without my permission. When I found out I sent an email that stated terms At 25% daily interest rate compounded daily, the owner responded to this email agreeing to the terms. We then had a meeting and agreed that they would pay the minimum... Read more »

Lucas Wynne answered on Dec 20, 2017

Will a court award you $3 million? Absolutely not. Instead, you should seek remedy in conciliation court.

1 Answer | Asked in Employment Law for Minnesota on

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

Joseph A. Gangi answered on Sep 11, 2017

If Minnesota law applies (it says you are from NJ), make a written demand for your wages. Payment is due 24 hours later.

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on

Q: Is there anything I can do?

I recently had an interview at a gym. I interviewed with the facility manager, it went well. He said he would contact me later that day when he knows when the general manager would be able to do my second interview. Later in the day I received a text from an employee at that gym who doesn't like me... Read more »

Joseph A. Gangi answered on Sep 11, 2017

You may have a defamation claim depending on what was said.

1 Answer | Asked in Employment Law for Minnesota on

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

the employee . During termination then was told to call HR if had any questions. When called HR was then told could not answer questions regarding the termination. Do I have grounds for legal action?

Joseph A. Gangi answered on Jul 24, 2017

It depends on what they fired you for, whether you have a contract, and other factors.

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on

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

Joseph A. Gangi answered on Jun 1, 2017

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.

1 Answer | Asked in Employment Law for Minnesota on

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

Employer can't provide the job I'm seeking to better myself and career. Yet they say I can't go to this competitor. This is my only skill set that I am trained and educated in. I'm not sales. They are holding me back from more compensation and a better job for my family and me. What are my options?... Read more »

Joseph A. Gangi answered on May 9, 2017

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.

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on

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

I'm a permanent resident and I wanted to work so I can renew my expired green card. I read somewhere I can just show my social security card and id. Can I get a job with one?

Shan Dimitris Potts answered on Aug 10, 2016

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...
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1 Answer | Asked in Employment Law for Minnesota on

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

Lucas Wynne answered on Aug 7, 2016

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... Read more »

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