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Michael Hutchens Frasier
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Michael Frasier’s Answers

59 total


  • MN small business employer mandating I work over time. But not paying me overtime wage. Offering me PTO instead???

    My employer is a small business in MN. It does not feel right that I am mandated to work overtime. Overtime pay is never offered. We are compensated with PTO/vacation days. These days are not used in the same pay period. They can be if wanted but ...

    Michael’s Answer

    Unless you are exempt, it sounds like your employer is violating the Minnesota Fair Labor Standards Act. You should discuss it with an attorney or the Minnesota Department of Labor and Industry.

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  • Is this a copyright infringement of some sort, or what can we do?

    My father owns a trailer manufacturing company and retailer. His company is called Americas finest and First Rate Traiers. Every trailer they produce has a sticker with their logo on its side. A guy from the northern half of Minnesota bought a tra...

    Michael’s Answer

    This is more likely a Lanham Act violation than a Copyright Act violation. You should consult an attorney as soon as possible to discuss your recourse. What you do and when you should do it depends on particular facts, such as whether you have registered a trademark in your logo and when the "Sparks Trailers" company began selling your trailers as his.

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  • Can I change attorneys for my medical malpractice case after the summons have been served but the case has not yet been filed?

    I am unhappy with my current attorney, I have paid him $59,000 to date and he wants me to pay possibly another $125,000 for his costs plus he is asking for a 33% contingency fee if we win! I appear to have a strong case with a clear cause of inju...

    Michael’s Answer

    You probably signed a fee agreement when you hired the attorney. That document should define how you may fire your attorney and the consequences of doing so.

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  • Commission Payment

    I have resigned from my company and they still owe me commission for the quarter. What legal right do I have to the money owed?

    Michael’s Answer

    Minnesota statutes section 181 governs your right to recover wages. If you were an employee, 181.14 (https://www.revisor.mn.gov/statutes/?id=181.14) requires prompt payment "not later than the first regularly scheduled payday following the employee's final day of employment," assuming the commission was fully earned. If you were an independent contractor, 181.145 (https://www.revisor.mn.gov/statutes/?id=181.145) governs your situation, and requires payment within a week or two depending on the particular circumstances.

    The issue that comes up in these cases is whether the commission was actually earned at the time you resigned. You may want to discuss your particular facts with an attorney or the Minnesota Department of Labor and Industry, Wage and Hour division.

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  • Can my employer take $900 out of a $1100 paycheck for a loan I was paying on personally before leaving their employ?

    I never signed any paperwork upon receiving this loan. I was given a check and told to pay it back as I could. I was doing this via personal check since this was not a "payroll" advance. I gave my notice a couple weeks back and they told me to ...

    Michael’s Answer

    This is probably a violation of Minnesota Statutes section 181.79. Here's a link:

    https://www.revisor.mn.gov/statutes/?id=181.79

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  • Can my restaurant employer make me pay for credit card fees?

    We are responsible to collect all bills and make change for patrons. They ring up transactions into till and at the end of the shift I have to pay till what is owed. There is additional fees I have to pay if they use a credit card to pay.

    Michael’s Answer

    It is probably unlawful for your employer to do so. You should talk to the Minnesota Department of Labor and Industry or a private attorney to discuss your options.

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  • I called OSHA about concerns regarding possible violations at the healthcare center I worked at and was fired a week later.

    I was fired for leaving the building out of ratio for 5 minutes because I needed a ride home when it was -50 out. My supervisor told me it was ok to leave then changed her story. In addition, my alarm did not go off for my shift and I was late on ...

    Michael’s Answer

    If you were fired because you made a report to OSHA, your employer probably violated the Minnesota Whistleblower law, Minnesota Statutes section 181.932. Proving that the employer's motivation was retaliation and not a legitimate reason is always difficult, though. You can speak with the Minnesota Department of Labor and Industry, bring a lawsuit by yourself, or hire a private attorney to bring a lawsuit.

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  • Terminated accused of theft I did not do, former boss admitted to the theft I have ten yr. contract can they fire?

    I was terminated from my employer last week. I was terminated because they have accused me of theft that I did not do, my former boss is the one who stole and he has even admitted to it and took responsibility and I had no part in it. I have a 10...

    Michael’s Answer

    It sounds like you have a written contract, in which case its terms govern the situation. You should sit with an attorney who can apply your facts to the contract and let you know your various options.

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

    Employer has been promising each day that money will be there to cover wages. Each day story changes. Many employees have already quit due to checks bouncing, or not having been paid. Others are wondering if they leave if they will be able to co...

    Michael’s Answer

    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.

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