A nonsolicitation agreement is a type of agreement that typically restricts an individual (usually a former employee) from soliciting either employees or customers of the company where the individual worked. Why do employers require nonsolicitation agreements? Good employees are difficult to find and develop. Thus, after having spent time and resources training a particular employee,…
The Minnesota Workers’ Compensation Act, Minnesota Statutes Chapter 176, requires employers to provide workers’ compensation insurance to its employees. Similarly, the Act provides for four separate and distinct causes of action where an employer attempts to evade its responsibilities under the Act. Section 176.82, subdiv. 1, provides a cause of action for: threatening to discharge…
The material change doctrine is a legal theory that developed in Massachusetts. (See footnote 1.) Under Massachusetts’ law, each time an employee’s employment relationship with the employer changes materially such that they have entered into a new employment relationship a new restrictive covenant must be signed. (See footnote 2.) Although there is not a material…
Is Your Boss Inappropriate at Work? Employees don’t have to endure a hostile work environment. Bosses don’t have a right to ask employees to do whatever they want. This article explains some of the protections available to employees and how good employers should treat their employees. This is meant to serve as a guide to…
Are you trying to figure out if a person working for you is an “independent contractor” vs. “employee” under Minnesota law? This brief article explains the basic test to use and provides additional resources. The Benefits of Calling All Workers “Independent Contractors” Obviously, Minnesota employers would like to categorize everyone as independent contractors so employers…
Employee Overtime Pay & Minnesota Law Most people have heard of overtime laws. In general, if you work more than 40 hours in one work week, you are entitled to be paid one-and-a-half times your regular rate for all hours exceeding 40. The law includes exemptions for several professionals or highly paid people. In addition,…
Often times people are afraid to seek legal advice because they are not sure if they can afford a lawyer. For people who have suffered employment discrimination or who have been wrongfully terminated, the fear of additional expense is a very real concern. Law firms offer several fee structures to help people get a lawyer…
Can an Employee Demand Payment of Wages After Being Fired? It is inevitable: every employer is eventually going to have to discharge an employee. What many employers do not realize is that the employee can immediately demand all wages or commissions earned up to the date of termination. Even when employers have established a biweekly,…
One method of reducing an employer’s liability is to monitor or at least have the right to monitor employee e-mail. There are limitations to the extent an employer may monitor e-mail. Statutes have carved out exceptions to allow a company to monitor employee activity where there is a legitimate business purpose.
This post is part of a series of posts entitled A Legal Guide to the Internet. For a comprehensive list of articles contained in this series, click here. To determine how the law of the Internet applies to employees, one must first determine whether an individual is an employee. There is not always an…
The parties wish to provide for the employment of the EMPLOYEE by the COMPANY. B. The EMPLOYEE wishes to receive compensation from the COMPANY for the EMPLOYEE’s services, and the COMPANY wants reasonable protection of its confidential business and technical information
Minority shareholders who also work as employees for closely-held corporations often find themselves in abusive situations that they seemingly can’t get out of. Typically, shareholders have no secondary market in which to sell their shares, and buy-sell agreements with the corporation can limit shareholder options even further. Additionally, those buy-sell agreements may force the shareholder…
Poster Requirements for Minnesota Employers Minnesota employers are subject to both Federal and State laws that require the display of information regarding the rights of employees. Some requirements depend on the type of employer, while some apply to nearly all employers. This is a brief list of poster requirements different employers must satisfy. The notices…
Wrongful Termination When someone is fired from a job, it is a normal reaction to think about whether or not he or she was terminated wrongfully. In Minnesota, there are laws in place that protect employees from being fired for unjust reasons. “At Will” Employment Minnesota is considered an “at will” state, which means that…
Introduction Minnesota employees may wonder what qualifies as sexual harassment or an unlawfully hostile work environment. In Rasmussen et al. v. Two Harbors Fish Company et al. (2012), the Minnesota Court of Appeals recently explained. Analysis from Court: Under the Minnesota Human Rights Act, an unfair employment practice occurs when an employer, because of a…
Whistleblower Protection for Minnesota Employees To empower employees who report their employers’ unlawful conduct, federal and state law gives employees a right to sue employers who retaliate. Unlawful workplace retaliation occurs when an employer discharges, disciplines, threatens, discriminates against, or penalizes employees because they report a violation of any federal or state law or rule,…
Minnesota Human Rights Act (MHRA) (Minn. Stat. 363A.08). The MHRA applies to all employers of one or more employees. Under the Act, no employer, labor organization, or employment agency can unfairly deny employment, membership, or referral for employment. Under the Act, anyone who aids or abets a violation, obstructs compliance, or retaliates against a person…
The Marriage Penalty in Minnesota’s Income Tax Rates and Brackets There are many marriage penalties and bonuses under the federal and Minnesota income taxes. A marriage penalty occurs when a married couple pays higher tax than they would if each spouse could file as a single and pay tax on his or her own income….
Continuation Coverage Minnesota law requires group life insurance plans to permit employees who are voluntarily or involuntarily terminated from employment the option to elect to continue the coverage for the employee and his or her dependents. Termination does not include discharge for gross misconduct.218 The employee is eligible to continue coverage for 18 months after…
Continuation Coverage Minnesota law requires that insured group health plans and plans established by employers through HMOs governed by Minnesota law allow covered employees who are voluntarily or involuntarily terminated (other than for gross misconduct45) from employment to elect to continue coverage for the employee and the employee’s dependents.46 The employee is eligible to continue…
The Plan Administrator has the obligation to send a COBRA Election Notice to each qualified beneficiary who will lose plan coverage as a result of a qualifying event. The Election Notice contains information about a qualified beneficiary’s continuation coverage rights and obligations with respect to a qualifying event, and is typically accompanied by a COBRA…
This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…
This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…
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 apples in the bunch. What happens if you work for one of the wrongdoers? Should you turn in your boss? The answer to…
The constructive discharge doctrine was created to prevent employers from forcing employees into resigning by engaging in covert, calculated misconduct that would be illegal if it were done overtly. Informally, this may be called a “hostile work environment.” Constructive discharge is a way employers get rid of an employee without formally terminating the employee. The…
ISSUES SURROUNDING BACK-WAGES Whether an employee has a right to unpaid wages within a particular number of days after termination of employment. Whether an option easier than court is available for collection of wages. SHORT ANSWER Yes. An employee has a right to be paid at least once per month. Yes. The Commissioner of Labor…
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 to comply. When an employer’s rules are clearly communicated to employees in writing, it is difficult for an employee to profess ignorance…
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 and Unions The Committee recognizes that a major weakness of the collateral sanctions work so far is that it has not involved either employers…
Employers may not refuse to hire an applicant because he or she is a smoker. This policy has been reinforced by the Minnesota Lawful Consumable Products Act, which protects certain off-duty conduct including use of tobacco.276 Minnesota’s “Freedom to Breathe Act” prohibits smoking in virtually all indoor public places and all places of employment.277 The…
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 whether that individual is single, married, remarried, divorced, separated or a surviving spouse. The prohibition against marital status discrimination also specifically includes protection against discrimination on the…