Minnesota Recent Legal Answers from Lawyers

Whether or not you have a legal claim is based in part on why they are harassing you. Have you reported this to you supervisor, manager, HR department or someone else with authority at the company? Trying to resolve it internally according to company policy before hiring a lawyer is probably your best next step.... Read More

  The law generally allows an individual to remain in the US during the time that a timely nonimmigrant change of status or extension request is pending with U.S.C.I.S., so the fact that the H-1B approval may not be obtained by May is no hindrance to her ability to stay in the States. However, she would no longer have employment permission. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

  The question is at what stage you are in your immigration. If you have not yet been approved for permanent residence under the F-1 category, you could remarry and both you and your husband would immigrate on the F-3 category. If you already have the green card through the F-1 category, your remarriage and petitioning for your husband could very conceivably have problems, and U.S.C.I.S. may begin revocation proceedings against your green card as having been received through a fraudulent divorce. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

A TN visa holder is supposed to have nonimmigrant intent as that type of visa is not a dual intent visa (able to have immigrant intent while at the same time working on a nonimmigrant visa). While your son if encountered can always argue that his present intent is only to work temporarily and go home when the working visa is done if his immigration is not yet completed, it would be best if he did not travel in and out of the US very much if at all assuming that he enters as a TN. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

In addition to contacting the police, you may bring a civil suit for damages.  If you are unable to work because of your injuries, you may also apply for Social Security benefits.  If you cannot find a lawyer on this listserv, try the state bar website.  If you cannot afford a lawyer, you may qualify for free legal representation through Volunteer Legal Services or for reduced cost representation through the Lawyer Referral Service's Modest Mean program.... Read More

It sounds like a lot of work – getting a TN – and then changing that over to H-1B (when you can immediately start to work for your new employer once the H-1B transfer papers are filed with U.S.C.I.S.). That latter process may take approximately 3-4 weeks, but the convoluted process that you are contemplating may only save one or two weeks as you and the company will still have to put together an effective TN application, and afterwards have to go through the trouble of an H-1B/ change of status petition anyway. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

If your work is already published recently, then you can still apply for copyright registration. The deposit requirement changes for physical published books. You need to deposit a physical copy if it is already published in physical format. Therefore, you still have a priority. Copyright ownership has nothing to do with the registration. The two-year filing requirement is applicable for mask works and vessel designs. For statutory damages purposes, just file a copyright registration for the published work.    ... Read More

Your mother, not your sister-in-law, has the right to choose who will visit her and who she will speak to. An agent under a Medical Power of Attorney has no obligation to convey information to anyone but health care providers.  (In some states a guardian may have an obligation to convey certain information to certain relatives who elect to receive it.)  ... Read More

A beneficiary on an account receives the money after the account holder's death. Have your father sign a Durable Power of Attorney appointing you as his agent ASAP -- before his dementia makes him legally unable to do so. Also have him sign a Medical Power of Attorney so that you can speak for him in making medical decisions when he is no longer able to communicate.  This should be accompanied by a HIPAA Medical Information Release Form so that the doctors can talk to you.  ... Read More

I have to give you a classic lawyer's answer: it depends. Not every terminaion is "wrongful," and in order for a "wrongful" termination to also be something you can pursue in court, it also has to be unlawful (that is, in violation of some law). And, each law has its own "statute of limitations," which is the time limit a person has to challenge the termination in court. For example, if your termination was "wrongful" because it was unlawful discrimination under the Minnesota Human Rights Act, the deadline would be one year from the termination. If it was unlawful discrimination under Title VII of the the federal Civil Rights Act, it could be 180 or 300 days form the termination. If it was a breach of employment contract, it could be as long as two years. There are other legal claims where the time limit could be up to six years. In addition, each state has its own statutes of limitation, so the answer also depends in part on where you were employed.... Read More

Because the gate has been there, openly and continuously, for so long, you  may have a right to have it remain based on adverse possession and/or easement by prescription.  However the exact requirements for these claims vary by state, and I'm not familiar with Minnesota law, so you should probably consult a local attorney.... Read More