Minnesota Recent Legal Answers from Lawyers

You will change your surname through marriage. The change of name is typically noted on the marriage certificate. You will complete the immigration forms indicating your new legal name. You will disclose all previous names used. USCIS will realize your name changed through marriage. You can find more information on family-based immigration at http://myattorneyusa.com/family-immigration.   You do not need to change your name in South Africa first but of course may do so. You would need contact the appropriate government agencies to find out the process.... Read Answer

Have you already plead guilty or is the case still pending? If you were convicted of the crime, then it sticks with you forever, unless it is expunged. If you have not yet been convicted, then get yourself some help from a lawyer, and try to get a deal to keep this thing off of your record.... Read Answer

I can't tell from your email whether you have a good case or not, but certainly it is not "open and shut." If the company has had profits and hasn't paid you, it appears that you would have a claim.  But if the company had no profits, it is not required to pay you anything.  Nobody is guaranteed that an investment will succeed. However, if the company made factual misrepresentations which induced you to invest (e.g. "We had $500 net profit last year" when actually net profit was $100, but not "I think we'll lave $500 net profit next year") you might have a claim for fraud.  Regardless of whether you have a valid claim or not, you have to keep in mind that the company may have no money, and thus no way to satisfy any judgment you might obtain against it.  You not only have to win, you have to be able to collect.... Read Answer

Minnesota is an "employment at will" state, which  means that the general rule here is that either the employee or the employer may end their employment relationship at any time, with or without notice, and with or without cause. As with any "general" rule, there are exceptions.  For example, an employer may not fire an employee for an unlawful reason, such as discrimination based on an employee's legally-protected status (of which there are many). Also, if there is a contract between the employer and the employee, then the "at-will" concept does not apply, and the termination must be handled as outlined in the contract. Sometimes, an employer's handbook or other policies may create a contract that controls how a termination is to be handled. So, unless you have a contract or there is evidence that the employer dismissed you for an unlawful reason, the employer's decision to fire you was probably lawful.... Read Answer

You do not appear eligible for employment authorization. You cannot seek adjustment of status in the United States until a visa is available to you. The spouse of a permanent resident must wait for a visa as they are not considered an immediate relative for purposes of immigration law. Employment authorization is a derivative benefit of a pending application for adjustment of status. You also are not eligible to adjust status based upon marriage to a lawful permanent resident even if a visa is available if you failed to maintain lawful nonimmigrant status. This requirement is excused for spouses of United States citizens.... Read Answer

Maybe. Maybe not. A stop can be based on a registered owner with an expired driver's license. However, if the officer knows that the registered owner is not the driver, i.e. male versus female, then the stop can become invalid. Did your husband get charged with an offense based on this traffic stop?... Read Answer

You do not need to send anything. Your friend will need to apply for a tourist visa by completing a DS-160. After completing the online application, your friend would attend an interview. Your friend wil need to document the purpose of his/her trip and his/her ties to the Philippines. Your friend can choose to work with an attorney if they wish.... Read Answer

Many company policies have disclaimers saying something to the effect of how, despite what the policies may say, the company retains the right to terminate employees at-will and/or that the company may, at its discretion, bypass stated internal disciplinary processes. If that's your situation, then the fact that the HR person terminated you instead of the president probably makes no difference. However, when any MN employer employing labor within MN discharges an employee, the wages or commissions actually earned and unpaid at the time of the discharge are immediately due and payable upon demand of the employee. And, depending on what your former employer's policies say, that might include earned but unused paid time off. There are penalties and other consequences that can be assessed against a MN employer that does not follow these rules. A MN employer must comply with a written request for an employee's personnel record no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state.      ... Read Answer

You have not provided any information that you are eligible for a green card. To obtain a green card, you need to be the beneficiary of an approved immigrant visa petition. An immigrant visa petition is typically filed by a family member or employer. Assuming you have not maintained nonimmigrant status through your entire stay and may have accrued sufficient unlawful presence to trigger a bar to admission, you would only be able to receive a green card through marriage to a United Stares citizen while remaining in the country. Other avenues would require you to depart the United States and may also require a waiver. You can read more about green cards by clicking on family-based or employment-based immigration at www.myattorneyusa.com.... Read Answer

A lot depends on what county we're talking about. What county are the new charges out of? The best course of action is likely for your friend to appear for the court date and explain that an attorney will be retained. The court will likely grant additional time to make that happen. Is this a felony or misdemeanor case? Please feel free to send me an email directly or give me a call to discuss. Good for your for helping out your friend.... Read Answer

In most cases, Minnesota law requires that every employer must pay all wages earned by an employee at least once every 31 days on a regular payday designated in advance by the employer. If these delays, whether caused by the payroll company or not, mean that your boyfriend has gone for more than 31 days without getting paid, then he may have a claim for unpaid wages.  If successful, he could recover the unpaid wages, plus a penalty, attorney's fees and court costs.... Read Answer

Try a Chapter 13 public data request. Address it to the city's public records official. Then if they want to deny your request, they have to give you a legal reason that the data is classified as private or confidential. Overall I would suggest retaining an attorney to advise you as to your particular circumstances.... Read Answer

Generally speaking, non-disclosure clauses in separation agreements are lawful and enforceable. Odds are, the agreement probably also states that you are giving up any right you may have to make claims against the employer. Therefore, be sure to completely understand the restriction and the rest of the agreement before you sign it.... Read Answer

Your employer might have a duty to accommodate you, and those accommodations could include light duty work, modified job duties, additional time off, etc. However, this all  depends on a number of factors, such as how many employees work for the employer, the nature of your condition, what your restrictions are, what your job duties are, etc.... Read Answer