Michael Hutchens Frasier's Answers

Michael Hutchens Frasier
Minneapolis Business Attorney.
Contributor Level 6

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Attorney answers:

  1. Michael Hutchens Frasier

MN employment laws, employee's rights while on disability leave

Asked by a user in Cosmos, MN - over 3 years ago.

The answer to your question depends on a lot of factors, including the size of your company and what you mean when you say "disability." It also depends on the disability you have. There are federal and state laws, including the Americans with Disabilities Act (ADA). If you fall into a protected category, your employer probably has an obligation to make a reasonable accommodation and try to find a position in the company you could work, if your disability prevents you from continuing in your...

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Attorney answers:

  1. Michael Hutchens Frasier

What action can I take against former employer who has yet to pay me my wages

Asked by a user in Hinckley, MN - almost 3 years ago.

If the employer is based in Minnesota, the employer has an obligation to pay wages within a certain period after termination. If the employer does not do so, the employee generally has certain rights, and could sue the employer for the wages, with the potential to recover costs, expenses and attorneys fees.

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Attorney answers:

  1. Michael Hutchens Frasier

Can my employer legally short my check weekly and force me to wait till the following period for payment?

Asked by a user in Saint Paul, MN - over 2 years ago.

Although it may depend on the reason your employer is withholding your wages, generally an employer can only withhold wages if you have given it written permission to do so. If your employer is withholding your earned wages without prior written authorization, they may be liable for your wages plus penalties.

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Attorney answers:

  1. Michael Hutchens Frasier

Can a plant manager force people to work 7 days a week?

Asked by a user in Winona, MN - over 2 years ago.

As with most legal questions, the answer begins with "it depends." There are federal statutes (Family Medical Leave Act, for instance) that guarantees rights to leave for certain medical situations. Generally, the employer is required to pay overtime for more than 48 hours in a week. the Minnesota Fair Labor Standards Act (Minn. Stat. 177) is a good guide to determine your rights.

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Attorney answers:

  1. Michael Hutchens Frasier

Terminated for worker's comp claim?

Asked by a user in Minneapolis, MN - almost 3 years ago.

Unless you have an employment contract, in Minnesota, an employer does not need a reason to terminate your employment relationship. However, an employer cannot fire an employee in retaliation for filing a worker's compensation claim. In my experience, however, the difficulty in proving your case is that it is your burden to prove why you were terminated. If you have no direct evidence (i.e. your boss telling you that they cannot afford to pay your worker's compensation insurance anymore),...