Franchise Disclosure Document – Item 17: Renewal, Termination, Transfer, and Dispute Resolution

Franchise Disclosure Document – Item 17: Renewal, Termination, Transfer, and Dispute Resolution

Item 17: Renewal, Termination, Transfer, and Dispute Resolution Item 17 of the amended Rule is substantively similar to Item 17 of the UFOC Guidelines. It requires franchisors to summarize, in the specified tabular format, common provisions of franchisee agreements, including those provisions dealing with termination, renewal, and dispute resolution. The Item 17 table must begin…

Court-Ordered Obligation

Court-Ordered Obligation

INCOME WITHHOLDING FOR CHILD SUPPORT OR SPOUSAL MAINTENANCE With respect to the payment of child support, medical support, maintenance and related payments, Minnesota employers are required to report certain information to the Minnesota Department of Human Services on new employees and independent contractors, and on rehires, within twenty days of hiring the employee or engaging…

Immigration Law Compliance

Immigration Law Compliance

Once an individual has been offered employment, the employer is required to verify that the individual is legally authorized to work in the United States. The requirement of verification extends to all employees: lifetime U.S. residents as well as aliens. In other words, employers are not just required to verify individuals they perceive to be…

Off-Duty Drug and Alcohol Use by Employees

Off-Duty Drug and Alcohol Use by Employees

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 of its business or harmful to its reputation. Even though Minnesota is still an “at will” employment state, an employer will be best…

Contingency Fees: Read This Before You Hire a Lawyer

Contingency Fees: Read This Before You Hire a Lawyer

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 contingency fee agreement? What other options do you have when paying an attorney? What practice areas are more likely to work on a…

Franchise Disclosure Document – Item 16: Restrictions on What the Franchisee May Sell

Franchise Disclosure Document – Item 16: Restrictions on What the Franchisee May Sell

Item 16: Restrictions on What the Franchisee May Sell Like the UFOC Guidelines, the amended Rule’s Item 16 calls for disclosure of any restrictions relating to the goods or services a franchisee sells, including: any restriction allowing only sales of franchisor-approved goods or services; any restriction requiring a franchisee to sell all goods or services…

Drug and Alcohol Testing of Job Applicants in MN

Drug and Alcohol Testing of Job Applicants in MN

Minnesota employers may require a job applicant to undergo a drug and alcohol test if a job offer has been made to the applicant and the same test is required of all applicants conditionally offered employment for the same position.36 The employer must have a written drug and alcohol testing policy which contains certain information…

Drug And Alcohol Testing In The Workplace

Drug And Alcohol Testing In The Workplace

A Minnesota employer may require its employees, as a condition of employment, to submit to a drug and alcohol test under certain circumstances.242 All employees performing the same job must be subject to the drug and alcohol test. There must be a written policy which contains information required by the Minnesota drug testing statute. Each…

Pre-Employment Physical Examinations in Minnesota

Pre-Employment Physical Examinations in Minnesota

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 physical exam, which may include a medical history, if: The applicant (except for certain peace officer applicants) has first received an offer of…

Alcohol and Drug Addiction: Protected Disabilities vs. Employment Termination

Alcohol and Drug Addiction: Protected Disabilities vs. Employment Termination

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 he or she can, with reasonable accommodation, perform the essential functions of the job in question and does not constitute a direct threat to…

Alcohol And Drug Problems In The Workplace

Alcohol And Drug Problems In The Workplace

Dealing With Alcoholic Employees Or Drug Abuse In The Workplace Do you have an employee with a substance abuse problem? Perhaps your employee is an alcoholic? Are you wondering what actions you can take? Dealing with employee drug abuse, an alcoholic employee, or other work-related substance abuse issues can be a tricky for employers. The…

Background Checks of Minnesota Employees

Background Checks of Minnesota Employees

Employers hiring certain types of employees are required by law to perform background checks. For example, employers hiring security guards are required to check their backgrounds with the Bureau of Criminal Apprehension, and employers hiring certain counselors are required to check their references for evidence of sexual contact with patients or former patients. (See footnote…

Affirmative Action in Minnesota

Affirmative Action in Minnesota

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 qualified minorities, women, persons with disabilities and covered veterans. Federal, state and local laws each have different criteria for compliance with their respective affirmative action…

Franchise Disclosure Documents – Item 15: Obligation to Participate in the Actual Operation of the Franchise Business

Franchise Disclosure Documents – Item 15: Obligation to Participate in the Actual Operation of the Franchise Business

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 personally in the direct operation of the franchise. Among other things, the amended Rule’s Item 15 calls for disclosures stating: any obligation for the franchisee to…

Franchise Disclosure Documents – Item 14: Patents, Copyrights, and Proprietary Information

Franchise Disclosure Documents – Item 14: Patents, Copyrights, and Proprietary Information

Item 14: Patents, Copyrights, and Proprietary Information Like Item 13, Item 14 of the amended Rule follows the UFOC Guidelines in requiring disclosure of information about intellectual property related to the franchise. Franchisors must disclose the types of intellectual property, their ownership rights or licenses in each, details about, and the duration of, their rights,…

Cease & Desist Breach of Contract Template, Example, Sample Form

Cease & Desist Breach of Contract Template, Example, Sample Form

The following is an example of a Cease and Desist Letter which could be sent in the event of a breach of contract. Every circumstance involving a breach of contract is different. It is not recommended that this cease and desist letter be used without first consulting an experienced contract attorney. Free Download: Cease and…

Cease & Desist Slander Template, Example, Sample Form

Cease & Desist Slander Template, Example, Sample Form

This Cease and Desist Letter is written from the perspective of an attorney representing a client who has been slandered. Because every case of slander is different, this cease and desist letter slander template should not be used without first consulting with an experienced defamation attorney. Cease & Desist Slander Letter Free Download Cease and…

Cease & Desist Trademark Infringement Template, Example, Sample Form

Cease & Desist Trademark Infringement Template, Example, Sample Form

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…

Hiring in General: General Hiring Practices in Minnesota

Hiring in General: General Hiring Practices in Minnesota

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…

Cease & Desist Defamation of Character Template, Example, Sample Form

Cease & Desist Defamation of Character Template, Example, Sample Form

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…

The Employment Relationship in Minnesota

The Employment Relationship in Minnesota

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…

Minnesota Hiring Law & HR Best Practices

Minnesota Hiring Law & HR Best Practices

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…

Minnesota Mechanic’s Lien Law

Minnesota Mechanic’s Lien Law

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…