Michael Hutchens Frasier’s Answers

Michael Hutchens Frasier

Minneapolis Business Attorney.

Contributor Level 8
  1. My landlord has agreed to let me sublet the room I am renting from her.

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Jeremy Judson Cobb
    3. Michael James Wang
    3 lawyer answers

    As tenant you are responsible for the condition of the property during your lease. If you sublet part of your leased premises, and your subtenant causes damage, as far as your landlord is concerned, you caused the damage. You could protect yourself some against this situation by requiring your subtenant to pay a security deposit as well.

    4 lawyers agreed with this answer

  2. I was laid off by my employer because a jury summons that limited my work availability! What can I do about it?

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Sara Marie Grant Rojas
    3. Meghan Hayes Slack
    3 lawyer answers

    Minnesota Statutes 593.50 prohibits an employer from discharging an employee due to jury service. The law only gives you 30 days from the termination to bring a lawsuit to recover the lost wages and an order for reinstatement. You need to act very quickly if you want to pursue this course of action.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can they force me to pay a debt that isn't technically my responsibility???

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Kris K. Skaar
    3. Dorothy G Bunce
    3 lawyer answers

    Your question is a very common question in divorces. If you and your ex-husband were both responsible for the debt during the marriage, the divorce does not change your relationship with the creditor. You are still obligated to pay those debts. The divorce decree dictates that it is your ex-husband's responsibility to pay, but that does not alleviate your obligation. It means you may end up paying for debts allocated to him, but you can take him back to court to recover the money from him.

    3 lawyers agreed with this answer

  4. I was fired from the hilton homewood suites and I never recieved my last week pay what can I do about that?

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Adam William Klotz
    2 lawyer answers

    You should demand payment in writing. If your former employer fails to make payment after written demand, it may be subject to additional penalties which you could pursue either in small claims (conciliation) court. Otherwise, if you hire an attorney to recover your wages, your employer could be responsible to pay your attorney fees.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My employer is folding and does not have money to make payroll. Will unemployment cover unpaid wages?

    Answered 11 months ago.

    1. Michael Hutchens Frasier
    2. Maury Devereau Beaulier
    2 lawyer answers

    Unemployment will not cover unpaid past wages. However, wage claims against an employer are often times given preference over other debts if the company is being liquidated. In some cases, wage claims can be brought against the owners of a company directly. You should consult with an attorney to discuss all the facts and explore your options.

    2 lawyers agreed with this answer

  6. My current employer is threatening to hold my paycheck until I sign a non-compete. Is this legal?

    Answered about 1 year ago.

    1. Michael Hutchens Frasier
    2. Timothy John Coulter
    3. John P Corrigan
    3 lawyer answers

    If you already earned the paycheck and you never signed a non-compete before, the employer probably has no right to withhold it or demand you sign a non-compete. You should speak with an attorney to discuss how best to address the situation.

    2 lawyers agreed with this answer

  7. Would I be in breach of my Employment Contract if I do not tell my employer that I am looking for another job?

    Answered about 1 year ago.

    1. Patrick D McGuiness
    2. Michael Hutchens Frasier
    3. Mary Joki Ebb
    4. Tricia Dwyer
    5. L. Maxwell Taylor
    5 lawyer answers

    Unless the contract says otherwise, your employer can certainly fire you if he finds out you are looking for another job. It does not matter whether looking for another job without notifying the employer is a breach of your agreement because the employer has the right to terminate you "at will." That means the employer does not need a reason to terminate your employment.

    2 lawyers agreed with this answer

  8. How do you know when you are under oath ?

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Michael Terrence Walters
    3. Jeremy Judson Cobb
    3 lawyer answers

    Generally, there will be some sort of swearing in for you to be under oath - this is the process where an officer or judge asks that you swear that you are telling the truth. However, if you are giving testimony at a hearing, even if this did not take place, you would be much safer to assume you are under oath.

    2 lawyers agreed with this answer

  9. Must everything be sold when dissolving a corporation?

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Stephen William Hance
    2 lawyer answers

    The answer depends on the status of your corporation - does it have other shareholders? Are there debts that need to be satisfied? If it is a corporation and not an LLC or Partnership, the rules can be found at Minnesota Statutes sections 302A.701-791, which you can find here: https://www.revisor.mn.gov/statutes/?id=302A.

    2 lawyers agreed with this answer

  10. Can I sue a company for not paying wages I had to work in the past but didn't claim because they said no overtime is allowed?

    Answered over 1 year ago.

    1. Michael Hutchens Frasier
    2. Eric David Satre
    2 lawyer answers

    Federal and Minnesota Fair Labor Standards laws require payment of overtime wages if your employer is a covered employer and you are a non-exempt employee. If those two elements are met, your prior employer is responsible for paying you those wages. If that is the case, then yes, you can sue your former employer. You should speak with an employment attorney in Minnesota.

    2 lawyers agreed with this answer

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