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 …
READ MORE →What hours does an employee need to be paid for? Minimum wage must be paid to non-exempt employees for all hours worked. Hours worked include training time, on-call time, cleaning time, waiting time, …
READ MORE →Item 19: Financial Performance Representations Like the original Rule and the UFOC Guidelines, the amended Rule permits, but does not require, franchisors to include representations about financial …
READ MORE →A Minnesota employee or independent contractor who conceives of a successful trademark or trade name may conclude that the mark is personal, not employer, property. As a matter of law, however, if the …
READ MORE →Although rules of ownership applicable to copyrighted works are established by statute under the federal Copyright Act, ownership of inventions is generally governed by applicable state law, which may …
READ MORE →What Are Initial Meeting Minutes for an LLC? After forming an LLC, the members (owners) hold an initial meeting to organize the company. The minutes of this meeting document foundational decisions: …
READ MORE →Child’s Best Interests Standard One of the most frequently asked questions in family law is how a court determines child custody in contested matters. Under Minnesota law, custody is determined under …
READ MORE →Many employers would like to terminate the employment of an employee who is arrested for or convicted of an off-duty DUI, possession of narcotics, or other conduct the employer regards as unbecoming …
READ MORE →An employer is not legally required to test its employees or applicants for drugs or alcohol (Minn. Stat. § 181.951, subd. 7), and may instead choose, as a matter of prudent practice, to address drug …
READ MORE →When you offer employment to someone, whether orally or by an offer letter, avoid open-ended assurances such as “we look forward to a long and rewarding experience with you on our team.” …
READ MORE →In this video, you get answers to these questions: What should you know before hiring a contingency fee lawyer? What are important considerations when hiring a contingency fee lawyer? What is a …
READ MORE →MINNESOTA LAW For more information, see When Can an Employer Give a Pre-Employment Physical? A Minnesota employer may require an applicant, as a condition of hire, to submit to a pre- employment …
READ MORE →Is An Alcoholic Employee (or Drug Addicted Employee) Protected? An individual with alcoholism or a drug addiction is protected under the Minnesota Human Rights Act as a “qualified disabled person” if …
READ MORE →This section discusses all pre-employment tests other than physical examinations and drug and alcohol tests. Under current law, a Minnesota employer may require an applicant to take a non- medical …
READ MORE →Before an individual is actually hired, a company that contracts with the government should consider what effect the hiring will have on its affirmative action obligations to recruit and advance …
READ MORE →Item 15: Obligation to Participate in the Actual Operation of the Franchise Business Item 15 of the amended Rule requires franchisors to disclose whether franchisees are required to participate …
READ MORE →The employer must review the employment application carefully. In order to determine whether all the questions asked are appropriate, consider whether the information requested is reasonably related …
READ MORE →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 …
READ MORE →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 …
READ MORE →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 …
READ MORE →When an employee leaves to compete with you, you have a number of legal rights and options. In Minnesota those options now center on protecting your trade secrets and confidential information, …
READ MORE →Our office recently received a physical scam letter from Mrs. Tracy Gold. The fraudulent letter claims that Mrs. Tracy Gold was directed to contact our office in order to settle a loan owed to Mrs. …
READ MORE →Item 5: Initial Fees Consistent with the UFOC Guidelines, Item 5 of the amended Rule requires the disclosure of any initial fees and any conditions on their refundability. “Initial fees” means “all …
READ MORE →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 …
READ MORE →Item 3: Litigation Item 3 calls for the disclosure of certain lawsuits involving the franchisor and other entities associated with the franchisor – i.e., predecessors, parents, and affiliates – in …
READ MORE →Loan Packaging Before inquiring about debt financing, an entrepreneur should assess such things as: Do you actually need more capital or can you manage existing cash flow more efficiently? How do you …
READ MORE →Item 1: The Franchisor And Any Parents, Predecessors, And Affiliates Item 1 of the amended Rule requires franchisors to disclose background information on the franchisor and any parents, predecessors, …
READ MORE →I have heard from a number of attorneys that scam artists are targeting lawyers claiming to need legal help. Understanding these fraud patterns is an important part of law firm operations and risk …
READ MORE →At What Point in The Sales Process Must a Franchisor Furnish The Disclosure Document? The amended Rule provides that franchisors must furnish prospective franchisees with a disclosure document at …
READ MORE →Small Business Exemption From Rules Minn. Stat. § 14.127 provides a procedure for small businesses or small cities to claim exemption from certain state rules. Under the statute, an agency must …
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