Yes, you have a good chance at unemployment, if you take this issue to an attorney. Your unemployment claim hinges on the fact that you were forced to work off the clock and not paid wages that were due to you. In addition there are other harassment issues as well as the failure to pay wages.
If you find an employment lawyer right now he/she will be able to help you with the unemployment while looking into the the unpaid overtime violation.
Also, most plaintiff's employment firms will...
Minnesota has a very explicit drug and alcohol testing law which requires that you have a conditional job offer prior to any testing. It also requires that the company have a written drug and alcohol testing policy that conforms with the law.
If you don't get an offer and you have been tested, then the employer probably violated that law and they may be liable for damages. However, if you get the job, although there is a theoretical violation for testing before the offer, it is not worth...
The simple answer is NO.
Minnesota Statutes Section 181.79 ordinarily prohibits this type of scheme:
That statute states:
"(a) 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, after the loss has occurred or the claimed indebtedness has...
First do they have to pay back pay for the OT?
The answer is yes if they learned that you had been misclassified and you are covered by the Fair Labor Standards Act. The period of the back pay will only extend two years or three years if the misclassification was willful.
The second question is not nearly as straightforward. The answer depends upon how long you have worked there; whether you have a written agreement; and what the understanding was when you started as...
If the economic reality is that the "employer" exercises control over the "contractors" then those "contractors" may no longer be independent. In that case, they may have a claim that they are misclassified and they are actually employees.
In order for anyone to properly advise you on this matter they will need to know more information. That necessary information includes but is not limited to: how your back was injured; how large the employer is; how long you have worked there; why you wound up in the ER and more.
You might have a claim under the Family Medical Leave Act or a claim for workers compensation retaliation, workers compensation, or disability discrimination, failure to accomodate. However, without more details...
Yes, you should get a lawyer.
But first, you should know that if they offer you your job back [unequivocally] and they have fired the perpetrator of the harassment, you will most likely have to take the reinstatement or you will be ineligible for unemployment.
The fact that they have offered you reinstatement shows they are accepting blame for your termination. As a result, this is a complicated situation that requires detailed legal advice.
The relevant section is Minnesota Statutes 177.255
Subd. 6. which states:
The employer may initiate payment of wages to an employee by electronic fund transfer to a payroll card account only after the employee has voluntarily consented in writing to that method of payment. Consent to payment of wages by electronic fund transfer to a payroll card account shall not be a condition of hire or of continued employment. The written consent signed by the employee must include the terms and...
First, I primariily agree with the other two postings, with the following distinctions:
1. The first thing for you wife to do is to document the entire timeline of the harassment. She must of possible, provide the specifics of each instance of the harassing behavior;
2. She must also report the harassment to her employer, if the company has a sexual harassment policy. Failing to make that report can doom any subsequent claim since the courts have said that employees must use the...