Craig William Trepanier's Answers

Can I be held to this non-compete/non-disclosure contract?

Your posting raises a number of complicated questions. In order to fully answer these questions, an attorney would need to review the terms of your contract and learn more about the situation. The first question is whether the parties actually accepted the terms of the contract even though only one party (you) apparently signed the contract. A contract can be formed in several different ways and does not always have to be in writing or even signed by the parties. As a general rule, a...

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My LLC was sued by a business with two parts of their name being the same as mine. Can they collect from me personally?

Your posting raises many questions that cannot be answered without additional facts. The first issue involves the judgment. Since the judgment is not against you personally (according to your description), for the moment you would not be personally liable for paying the judgment. However, a judgment creditor can attempt to "pierce the corporate veil" and hold the owners of the business personally liable under some circumstances. Many additional facts are needed to determine if this...

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Can an employer require an employee to pay credit card fees?

Under Minnesota law, employers generally cannot make deductions from an employee's pay unless the employee has authorized the deduction in writing. Specifically, Minn. Stat. § 181.79 provides that “no employer shall make any deduction, directly or indirectly, from the wages due or earned by any employee, who is not an independent contractor, for lost or stolen property, damage to property, or to recover any other claimed indebtedness running from employee to employer, unless the employee,...

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If I quit my job, can my employer withhold my last paycheck unless I sign a settlement release? MN

Recovering Unpaid Wages in Minnesota After Resignation As a general rule, Minnesota employers cannot withhold final wages on the condition that the employee signs a release of legal claims. You should deliver a written demand for your wages. If you are an employee who resigns from your position, under Minnesota Statutes section 181.14 you can make a written demand for your final paycheck: “When any such employee quits or resigns employment, the wages or commissions earned and unpaid...

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In Minnesota, does an employer have to provide a reason (in writing) for termination?

Minnesota Statutes Section 181.933 provides that an employee who has been involuntarily terminated may, within 15 working days following such termination, request in writing that the employer inform the employee of the reason for the termination. The statute goes on to provide that within ten working days following receipt of such request, an employer shall inform the terminated employee in writing of the truthful reason for the termination. Thus, Minnesota law does require employers to...

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Can an employer terminate an employee while on workers comp?

Under Minnesota law, an employer can terminate an employee who is receiving workers’ compensation benefits for legitimate, lawful reasons (such as performance). The employer, however, cannot terminate the employee because the individual filed a workers’ compensation claim, or in order to interfere with the employee’s receipt of workers’ compensation benefits. Finally, the employer generally has an obligation to provide to the employee any work available within the employee’s physical...

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Do I have a strong enough case to sue my former employer?

Both federal and state law prohibit discrimination and harassment in the workplace based upon factors such as race. At the federal level, Title VII prohibits racial discrimination and harassment. At the state level, the Minnesota Human Rights Act ("MHRA") prohibits racial discrimination and harassment against employees. It is unclear whether you have enough evidence to demonstrate that you were laid off because of your race. Simply being in the protected group (race) and suffering an...

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Received Stipulation for Dismissal Without Prejudice - should I have them revise to With Prejudice or refuse to sign?

You are wise to read the fine print. A Stipulation of Dismissal Without Prejudice allows the plaintiff (credit card company, bank, or collection agency) to refile the lawsuit later. In contrast, a Stipulation of Dismissal With Prejudice will prevent the plaintiff from asserting the same legal claims again. If you want to ensure that the case is dismissed "with prejudice," you should negotiate with the plaintiff's attorney to ensure that the document is revised accordingly and signed by...

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Are non-competes enforceable as part of membership agreements with martial arts schools?

Non-compete agreements can be entered into in a variety of contexts. Typically, they are entered into in the employment context between employers and employees. Sometimes non-compete agreements are applied to independent contractors or consultants. Non-compete agreements are common in the context of a business sale. Finally, you will frequently see non-competes in the context of relationships involving suppliers, distributors, sales representatives, etc. Your non-compete agreement is...

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Can an employer devulge information to other employees and people outside the company about failure to pass a drug test?

The Minnesota Drug and Alcohol Testing in the Workplace Act ("DATWA") governs most workplace drug and alcohol testing of employees in the State of Minnesota. If DATWA applies to your drug test, your employer may have violated DATWA's confidentiality provisions by disclosing the drug test outside the company. In this regard, DATWA provides that test result reports and other information acquired in the drug or alcohol testing process are, with respect to private sector employees and job...