Possibly, it depends on the specific promises that were made, and on the precise language of the contract [if there was a written contract].
If you are interested in pursuing this matter further you can contact me at 952 820-8402.
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...
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...
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...
If the question is:
Whether you must promise not to compete, when you have a current employer who does not have a non-compete agreement with you, and the former company's clients contact you directly without you having solicited them?
The answer is:
You may compete and work for those clients, under most circumstances. If there is no written agreement, then your current employer does not have an enforceable agreement to restrict your business in Minnesota, However, you must be very...
The best option may be to find a mentor in the company to help you to figure out how to best deal with this person.
In Minnesota it is not illegal to be a "crabby manager" so unless you boss is violating the law this site is not the best source for advice on this interaction.
You might even go to human resources, not to complain, but to see if they have any suggestions for dealing with this person.
The facts in you question appear to potentially create a claim under Minnesota Statutes Section 181.932 [Minnesota Whistleblower law]. Under that law, if you win you you may recover any and all actual damages [including the potential emotional distress claims] as well as the attorneys fees and costs incurred.
You should contact a Minnesota attorney to determine whether you have a claim and, if you have a claim, your probability of success,
If you have questions you can contact me at...