“Nominative fair use” is one exception to the general rule that you may not use another’s trademark in commerce. That is, use of another’s trademark is allowed under the nominative fair use doctrine. …
READ MORE →Whistleblower Action Presumably, most people are honest. Most people don’t steal, they pay their taxes, and their actions mostly conform to the laws of our society. There are, however, a few bad …
READ MORE →In the commercial leasing context, exclusive use clauses are a relatively common topic of conversation when landlords and tenants are negotiating a retail lease. Basically, exclusive use clauses are …
READ MORE →In a typical commercial lease, a landlord has the responsibility to maintain and repair the common areas and the structural elements of the building (i.e., the parking lot, roof, lobby, common …
READ MORE →A constructive discharge claim says that an employee who quit was really fired, because the company deliberately made the job intolerable, either intending to force a resignation or making resignation …
READ MORE →If an employer owes you wages it never paid, two questions usually matter most: Whether you have a right to your unpaid wages within a set number of days after your job ends. Whether an option easier …
READ MORE →The amended Rule prohibits franchise sellers from making any financial performance representation unless they have a reasonable basis for the representation at the time the representation is made. …
READ MORE →This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Role of Employers …
READ MORE →The reason that everyone must register a copyright is simple: In general, you cannot sue for copyright infringement unless you have a registered copyright. You Cannot Sue for Copyright Infringement of …
READ MORE →Employee handbooks can be an efficient and effective way for employers to communicate their workplace rules to employees, so that employees will be on notice of the rules with which they are expected …
READ MORE →Minnesota recently enacted modifications to its law relating to the issuance of permits to carry pistols in public (Minnesota Laws 2003, chapter 28). As part of the new law, certain policies were …
READ MORE →The Federal Trade Commission’s amended Franchise Rule, 16 C.F.R. part 436, prohibits financial performance representations that are not true or are not substantiated at the time they are made. These …
READ MORE →Employers generally may not refuse to hire an applicant, or discipline or discharge an employee, because the person is a smoker, if the smoking happens off the employer’s premises during nonworking …
READ MORE →This article discusses the basics of Minnesota foreclosures. This part addresses the impact a foreclosure of a first mortgage has on a second mortgage (home equity loans). This is part five of a …
READ MORE →Under the Minnesota Human Rights Act, an employer may not discriminate against an applicant or an employee because of that individual’s marital status.267 An individual’s marital status includes …
READ MORE →This is an example of a letter demanding payment of unpaid debts. For more demand letters, see the Minnesota Demand Letters page. Demand for Full Amount Due Letter Template [DATE] [DEBTOR] [STREET …
READ MORE →This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. Demand for Payment Letter Template VIA EMAIL AND US MAIL February …
READ MORE →Minnesota law defines sexual harassment by statute and prohibits it for employers with one or more employees, apart from exclusions the statute lists. Whether your company is liable depends first on …
READ MORE →Below is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. A debt collector covered by the federal Fair Debt Collection …
READ MORE →This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. Demand Letter Sample: [DATE] Sent by U.S. Mail [DEBTOR] [STREET …
READ MORE →The following posts give examples of demand letters used in the collection of debts. The examples are intended only as a reference and should not be used without first consulting with an experienced …
READ MORE →The Rule specifies how the disclosures are to be prepared, what additional information may and may not be included, and what records franchisors must maintain. Use of “Plain English” The amended Rule …
READ MORE →Employers who are terminating the employment of older employees often enter into settlement agreements with these employees in which the employer provides benefits to the employee in return for the …
READ MORE →Minnesota law protects individuals who have attained the age of majority (18) from discrimination in the workplace based on age. Federal law, the Age Discrimination in Employment Act (“ADEA”), …
READ MORE →Under the Minnesota Human Rights Act (which generally applies to employers with one or more employees), individuals with a disability are protected from discrimination in employment. A disabled person …
READ MORE →Minnesota was one of the first states to adopt a structured sentencing system. Since 1980, the Minnesota Sentencing Guidelines Commission (MSGC) has published guidelines that determine the presumptive …
READ MORE →Replevin is an action to return goods that are wrongfully held by another person or party. Who can use replevin? Replevin can be used by anybody. It is typically used by secured creditors looking to …
READ MORE →Before scheduling a worker under 18, a Minnesota employer should check three things: the minimum age for the job, the hours the minor may work, and whether the work is prohibited for minors. An …
READ MORE →The following series of posts provides an overview of Minnesota’s criminal statute of limitations. If you are not interested in solely criminal law, you may want to learn more about Minnesota statute …
READ MORE →In Minnesota, you generally cannot sue a person for the same issue or claim that has already been resolved by a court. For example, if Dave and Sharon both breached their contract with Rob and Rob …
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