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Minnesota Employment Law Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Minnesota on
Q: Can a DWI charge be challenged if not driving and only marijuana detected?

I was sleeping in a Jeep in a friend's driveway when police were called. I got out and walked around while answering their questions. They arrested me, suspecting I was under the influence of methamphetamine while driving, although there were no keys in the vehicle or on me at the time. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

Yes, a DWI charge can and should be challenged. One type of defense can focus on a lack of evidence that the defendant was "driving, operating or in physical control" of a motor vehicle. Many people have been convicted of DWI for merely sleeping in their vehicle while impaired by... View More

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3 Answers | Asked in Criminal Law and Employment Law for Minnesota on
Q: Will a petty theft citation affect my record permanently?

I recently received a citation for petty theft, and it's my first offense. I've received a court date, and I'm concerned about whether paying the fine will result in a permanent record of this offense. What should I be aware of in terms of how this will impact my record in Minnesota,... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

It's best to make the best available choices available at the time. So, "Plan A" should be to avoid being "convicted." A record of "conviction" is what causes at least 99% of the problems related to a criminal charge. There are more than one criminal case... View More

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3 Answers | Asked in Traffic Tickets and Employment Law for Minnesota on
Q: Can I remove speeding violations that threaten my MN driving privileges?

I received a letter from the Driver Evaluation Unit of MN DPS stating that my driving privileges will be withdrawn if I receive one more conviction. I have three speeding violations: one from August 7, 2024, and two in August 2025. A trooper assured me that paying the fines for these misdemeanors... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 13, 2025

The only way I am aware of is to file a motion to reopen / withdraw plea with the court. The argument is best when the driver paid the fine without a court appearance - so no lawyer, no hearing, did not knowingly, voluntarily and intelligently waive their rights; and the prosecutor is not unfairly... View More

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2 Answers | Asked in Domestic Violence and Employment Law for Minnesota on
Q: Can I get a DANCO removed before sentencing?

I have a Domestic Abuse No Contact Order (DANCO) issued against me due to an incident involving alcohol, although it was verbal and not physical. Since then, I've had no violations and have actively started attending AA meetings, counseling, helping raise our deaf child, and assisting with... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2025

In Minnesota, it is generally unlikely that a judge is going to remove or cancel a DANCO prior to entry into and completion of some portion of domestic violence programming. Your question doesn't indicate if you have entered into DV programming. Your question indicates that you have been... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Employment law. Forced to resign by Target corp due to severe mental health issues.

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

Robert Kane
Robert Kane
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

1 Answer | Asked in Employment Law for Minnesota on
Q: Can a company fire you after your last day?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law for Minnesota on
Q: Can an employer require you to come in to work on a weekend with less than a day prior notice?

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

T. Augustus Claus
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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

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Health Care Law for Minnesota on
Q: I was on a probationary period in my beginning of employment, my job put me in the hospital had surgery, can I be fired

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law and Gov & Administrative Law for Minnesota on
Q: Can a US citizen work in the USA without applying or having the intension to apply for a Social Security number

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

T. Augustus Claus
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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

1 Answer | Asked in Employment Law for Minnesota on
Q: Can wrongfully terminated employee seek reinstatement post final wage request?

If an employee is wrongfully terminated for allegedly not getting coverage for a missed shift, despite having written proof of coverage, can they still pursue reinstatement of their employment after submitting a written request to have their final wages paid within 24 hours? The employer's... View More

James L. Arrasmith
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answered on Nov 8, 2025

Yes—you can still seek to be put back to work. Requesting your final wages within 24 hours after discharge protects your pay rights under Minnesota law; it does not waive claims or remedies for a wrongful termination. Reinstatement is an equitable remedy that Minnesota courts and agencies may... View More

1 Answer | Asked in Collections and Employment Law for Minnesota on
Q: Can wages be garnished multiple times with the same order in Minnesota?

I recently received a notice of wage garnishment and responded to the creditor, requesting them to stop the garnishment. However, another garnishment occurred based on the same order. Is it legal for them to garnish my wages multiple times with the same order?

James L. Arrasmith
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answered on Nov 3, 2025

Yes. In Minnesota, a single earnings garnishment summons reaches every payday that occurs within 90 days after service, so repeated deductions under the same summons are lawful. Your employer must withhold each payday during that window and complete the required earnings disclosure and remittance.... View More

1 Answer | Asked in Domestic Violence, Family Law and Employment Law for Minnesota on
Q: What should I do if my husband was arrested for domestic violence?

My husband was recently arrested for domestic violence in Minnesota. What steps should I take following his arrest to address the situation and protect my interests?

James L. Arrasmith
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answered on Nov 3, 2025

Put your safety first: if you fear further harm, call 911, leave the home if needed, and create a safety plan with a local advocate. Do not contact him if a Domestic Abuse No Contact Order (DANCO) or release condition bars contact; the order binds him, and your outreach can escalate risk and... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Rights and Employment Law for Minnesota on
Q: Was my rideshare deactivation due to AI flagging discrimination?

I am a driver for a rideshare company in Minnesota, and I was recently deactivated without a clear explanation. The situation involved a ride where I transported a male passenger to a female's secured apartment. Upon arrival, I was asked to call the female through the in-app service to let the... View More

James L. Arrasmith
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answered on Oct 25, 2025

What happened to you sounds both unfair and emotionally draining, especially since you were not part of the offensive conversation. If the rideshare company relied solely on an automated flag or algorithm without giving you the opportunity to explain, it raises serious concerns about due process... View More

1 Answer | Asked in Employment Law, Business Law and Mergers & Acquisitions for Minnesota on
Q: What can I do if placed on leave without pay and no investigation notice in Minnesota?

I've been on paid administrative leave for 5 weeks because I'm allegedly under investigation, but I haven't received any formal notice or explanation about this investigation. I've tried reaching out to Human Resources numerous times, but no one has returned my calls. I'm... View More

James L. Arrasmith
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answered on Oct 10, 2025

That sounds like an incredibly stressful and confusing situation, especially when you haven’t been told why you’re on leave or what’s being investigated. In Minnesota, employers are not required to provide all details about an investigation right away, but you do have the right to know your... View More

1 Answer | Asked in Employment Law, Construction Law and Real Estate Law for Minnesota on
Q: Can MN employer require work during approved sick leave?

I work in an assistant managerial role for a large construction company in Minnesota and have been employed for over 5 years. I'm a salaried employee and accrue both PTO and sick time. Recently, despite having my sick time approved, I received an email instructing me to continue answering... View More

James L. Arrasmith
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answered on Oct 7, 2025

You’re right to feel frustrated—when you’re approved for sick leave, that time should be used for rest and recovery, not work. In Minnesota, employers are required to honor approved **sick leave or paid time off** in accordance with their own policies and, in some cases, state or local sick... View More

1 Answer | Asked in Employment Law and Personal Injury for Minnesota on
Q: Can employees get paid for missed days due to unsafe work conditions after electrical fire?

At my workplace, we experienced an electrical fire in one of the freezers/coolers on 9/24. The unit remains in the store, leaving us to work in the toxic smell from the fire from 8:30 am to 8:30 pm. Management stated that since it wasn't "officially" deemed unsafe, we had to work or... View More

James L. Arrasmith
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answered on Oct 6, 2025

You and your coworkers have every right to be concerned about what happened. Employers are legally required to provide a workplace that is safe and free from recognized hazards. If the electrical fire left toxic fumes, management should have arranged for cleanup, air testing, or temporary... View More

1 Answer | Asked in Employment Law and Domestic Violence for Minnesota on
Q: Is my workplace environment hostile, and what can I do about the manager's physical encounter?

I had an argument with a coworker and a manager (not my direct manager) in a call center where the manager loudly criticized me by name. Later, the manager physically grabbed my arm as I was trying to leave, pleading with me to talk. We held a meeting the next day to discuss the incident, where I... View More

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answered on Sep 15, 2025

What you describe raises serious concerns. A hostile work environment generally means repeated behavior that creates an abusive or intimidating atmosphere. One incident of physical contact by a manager, combined with public criticism and past troubling interactions, can certainly contribute to that... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Minnesota on
Q: Wrongful termination and retaliation case with evidence.

I was recently fired on August 19, 2025, and I believe it was a case of wrongful termination. I suspect it was retaliation for a previous lawsuit I filed against the company for discrimination. I have all the emails, company policies, and procedures related to my termination, including evidence of... View More

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answered on Sep 9, 2025

Since you have evidence suggesting your termination was retaliatory, the first step is to document everything clearly. Keep all emails, company policies, and any written warnings organized, highlighting discrepancies, policy changes, or false documents that support your claim. A clear timeline of... View More

1 Answer | Asked in Landlord - Tenant, Child Support, Employment Law, Immigration Law, Domestic Violence and Real Estate Law for Minnesota on
Q: Ex-husband not paying for house; facing eviction & immigration threats in MN.

I am facing eviction because my ex-husband failed to fulfill his promise to pay for our house until our divorce was finalized. We have an agreement stating he would cover these expenses as support for our children, but he hasn't helped financially for two years and refuses to communicate with... View More

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answered on Sep 1, 2025

You do not forfeit child support or court protection because of your immigration status, and your ex’s threats to contact immigration can be treated as coercion and potential domestic abuse. Document every threat and nonpayment, and be ready to seek an Order for Protection or a Harassment... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Can PTO be used for sick time if ESST is exhausted in MN?

I am employed in Minnesota and my employer provides 80 hours of Emergency Paid Sick Time (ESST) annually, along with a Flexible PTO program. However, I was informed by the CFO/HR that PTO cannot be used for sick time if ESST is exhausted, and that unpaid leave must be taken instead. She mentioned... View More

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answered on Aug 30, 2025

In Minnesota, the new Earned Sick and Safe Time (ESST) law sets a minimum standard requiring employers to provide eligible employees with paid sick and safe time. Employers are free to go beyond this minimum by offering more generous policies, such as PTO banks or additional sick leave. What the... View More

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