This Cease and Desist Letter provides a starting point for dealing with trademark issues. Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney. Cease and Desist Trademark Infringement Free Download: Cease & Desist Trademark Infringement Free Download…
When an employee is hired in Minnesota, unless the employer and the employee enter into an oral or written employment agreement or a collective bargaining agreement specifying otherwise, that employee is employed “at-will,” which means the employer can discharge the employee at any time for any lawful reason and the employee can quit at any…
The following Cease and Desist Letter is solely for use in defamation of character claims (modifications could be made to specify libel or slander) and is from the perspective of a Minnesota attorney writing on behalf of a client whose character has been defamed. Because laws vary from jurisdiction to jurisdiction, this cease and desist letter…
This and any related posts are designed to be an employment law resource for Minnesota business owners. Before delving into the law surrounding the employment relationship, however, the business owner must determine whether the individuals it has retained to perform services are employees or independent contractors. Business owners who use independent contractors may think they…
The following posts will cover the hiring process in Minnesota including: The Employment Relationship Hiring in General Advertising for Employment in Minnesota The Employment Application – The Application Process, Disclaimers Interviewing Out of Town and Recruited Candidates Affirmative Action in Minnesota Background Checks Pre-Employment Testing Pre-Employment Physical Examinations Drug and Alcohol Testing of Applicants Offer…
Background of Minnesota Mechanic’s Lien Law In Minnesota a mechanic’s lien can be filed by a contractor or materialman to preserve their legal remedy for non-payment by a property owner. This legal process acts as insurance so that the provider of service will be paid. It is effectively putting a “hold” or lien on the…
Assignment Of Patents And Inventions An employer may require an employee, as a condition of employment, to assign the employee‘s rights in certain inventions to the employer. Under state law, such an assignment must exclude inventions for which no equipment, supplies, facilities or trade secret information of the employer were used, and which were developed…
Item 13: Trademarks Consistent with the UFOC Guidelines, Item 13 of the amended Rule requires franchisors to disclose whether each of its principal trademarks is registered with the United States Patent and Trademark Office (“PTO”), as well as application, renewal, and other related information. If not, Item 13 mandates the following prescribed statement: We do…
Protection Of Confidential Information Minnesota law protects employers‘ confidential information and trade secrets in several ways. First, an employee has a generally recognized duty of loyalty to not disclose trade secrets or proprietary information of the employer. Second, the statutory Uniform Trade Secrets Act, adopted by Minnesota, prohibits misappropriation of trade secrets. And third, employers…
Item 12: Territory Item 12 of the amended Rule, like the corresponding item of the UFOC Guidelines, requires detailed disclosures concerning assigned territories and applicable sales restrictions. Two important topics that must be covered in Item 12, among others, are: the conditions, if any, under which a franchisor will approve the relocation of the franchisee’s…
Employment At Will The doctrine of employment at will generally states that an employment relationship may be terminated at any time by either party. In the absence of a collective bargaining agreement or other contract, the employer may discharge an employee at any time for any legal reason, or for no reason, with or without…
Further Information In addition to consulting a professional advisor, more detailed information on “Who is an Employee” for various purposes may be obtained from the following sources: Federal income, withholding and FICA (Social Security and Medicare) tax: Publication 15 – Circular E, Employer’s Tax Guide; Publication 15a, Employer’s Supplemental Tax Guide; and Publication 1779 –…
Independent Contractors In The Trucking And Messenger/Courier Industries This post is part of a series of posts on common issues Minnesota employers face. Minn. Stat. 176.043, effective August 1, 2009, lays out the criteria for when an operator in the trucking and messenger/courier industry is considered an employee or an independent contractor. There are seven…
Item 11: Franchisor’s Assistance, Advertising, Computer Systems, and Training Consistent with the UFOC Guidelines, Item 11 of the amended Rule requires the disclosure of the franchisor’s obligations under the franchise agreement to furnish assistance to franchisees. The disclosure requirements encompass pre-opening assistance (e.g., site selection), as well as any ongoing assistance, such as advertising and…
This post is part of a series of posts on common issues Minnesota employers face. Independent Contractors In The Construction Industry Minn. Stat. 181.723, requires individuals (not corporations, LLCs or partnerships) who work as independent contractors in public or private commercial or residential building construction to obtain from the Minnesota Department of Labor and Industry…
Independent Contractors This post is part of a series of posts on common issues Minnesota employers face. Persons who follow an independent trade, business or profession in which they offer their services to the general public usually are considered independent contractors and not employees. However, whether such persons are employees or independent contractors depends on…
Statutory Employees This post is part of a series of posts on common issues Minnesota employers face. Even if a worker is not an employee under common law rules, he or she may be considered an employee for certain statutory purposes, such as FICA (Social Security and Medicare) tax, federal and state unemployment insurance taxes,…
Common Law Employees This post is part of a series of posts on common issues Minnesota employers face. Under common law rules, courts balance a number of factors to determine whether an employer- employee relationship exists. The employer‘s right to control the manner and means of performing the work is the most important factor distinguishing…
Item 10: Financing Like Item 10 of the UFOC Guidelines, Item 10 of the amended Rule requires franchisors to disclose all material terms and conditions of any financing arrangements. The required disclosures include: The rate of interest, plus finance charges, expressed on an annual basis; The number of payments; Penalties upon default; and Any consideration…
Issues for Minnesota Employers: Who Is An Employee in Minnesota? The next several posts will discuss different types of workers, including: Common Law Employees Statutory Employees Independent Contractors Independent Contractors In The Construction Industry Independent Contractors In The Trucking And Messenger/Courier Industries In General Many laws affecting the worker/employment relationship will require the business owner…
When an employee leaves to compete with an employer, employer’s have a number of legal rights and options. The Problem: Employees Leave and then Compete with Their Former Employer One problem many employers face is employees who leave the company and then compete with the employer. Typically, a valuable employee will think to herself, “I…
Help For Businesses Unable To Obtain Liability Insurance The availability and cost of business insurance, particularly professional liability and general commercial liability coverage, have attracted substantial recent attention. To help remedy this problem, two state programs assist businesses that are experiencing difficulty in obtaining liability insurance. These programs are the Joint Underwriting Association (JUA) and…
Item 9: Franchisee’s Obligations Item 9 of the amended Rule requires the disclosure of a franchisee’s principal obligations in the prescribed tabular format that references the franchise agreement or other relevant contracts, and the disclosure document sections where more information about the particular obligation can be found. If a particular obligation is not applicable, franchisors…
Do I Need Insurance for My Minnesota Business? Before you begin your business, you should thoroughly investigate your business insurance needs. The insurance industry today can tailor an insurance package to meet the general and specialized needs of almost every business. Because the insurance problems and needs of each business differ, no general insurance program…
Private Sources of Funds Venture Capital Firms Venture capital firms provide equity capital to emerging and growth-oriented businesses that have high market potential. Their major function is to assess management ability, determine market potential and provide equity capital to businesses evidencing growth potential and anticipated high returns of venture investments. The listing of major venture…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Small Business Environmental Improvement Loan Program Minnesota Pollution Control Agency (MPCA) Small Business Ombudsman 520 Lafayette Road St. Paul, MN 55155 (651) 757-2121 (800) 985-4247 This program provides financial assistance to help existing small businesses to help cover the costs of conduct of environmental projects such as capital equipment or the investigation and cleanup of…
Environmental Financial Assistance Programs Minnesota Pollution Control Agency (MPCA) Prevention and Assistance Division 520 Lafayette Road, 2nd Floor St. Paul, MN 55155-4100 (651) 757-2121 (800) 985-4247 The Prevention and Assistance division of the MPCA offers environmental assistance grants and loans that could help existing businesses move toward environmentally sustainable projects or practices. Projects must focus…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Brian Roberts, CEO of Comcast Corporation, has agreed to pay a $500,000 penalty to settle claims asserted by the Federal Trade Commission (FTC) that he violated the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (HSR-Act) by failing to report his acquisition of Comcast stock as part of the company’s merger with AT&T Corporation back…