Minnesota Employment Contracts Legal Questions

Your employer can ask for anything it wants, but based on the facts you've recited in your question, it doesn't appear as if you have any obligation to comply.  Of course, it is never that simple.  Literally read, it could mean that you agree to repay if you resign less than a year after starting employment, even if you continue to be employed, for example, if you give 2 weeks notice - if the notice was provided less than a year after beginning employment, it may fall within the terms of the repayment provision.  Also, it says "provide a year of services", which I would take to mean a year from the date you first start work, not a year from when you accept the offer.... Read More

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 More

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 More

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 More

Unless there is a contractual provision saying otherwise (whether an individual employment agreement, or a collective bargaining agreement), and assuming that the employer is not disciminating on the basis of race, religion, gender, or some other statutorily prohibited basis, I am aware of no law which mandates that an employer must give raises, other than to keep up with minimum wage statutes.... Read More

Your employer can't force you to be treated, but it may well be able to fire or suspend you if you decline.  I'm not aware of any statute which protects you from adverse employment consequences in this situation (although it is possible that there is such a statute in Minnesota), so your rights depend on your employment contract.  What does it say?... Read More

Unless the agreement to rehire contains an express duration term, your rehiring was "at will" -- which means that either party could terminate it at any time. As a result, the employer has no duty to re-employ your services for any particular time period and may elect to have that period be effectively zero. If you were represented by an attorney in connection with the settlement, you should confer with him regarding your rights.... Read More

If he wants to sue them, they probably owe him significant money.  He was most probably entitled to overtime, as it is unlikely at that pay rater he qualified as "exempt" from the fair labor standards act.  He is entitled to a couple of years of overtime, plus, a penalty.  And the employer owes his attorney's fees and similar amounts for similar employees.  We would be more than glad to meet with him for free to see what we can do for him. ... Read More

The employer in an at will context does not need any reason to fire someone. If there is a reason, it need not be rational.  An employee can be terminated for a wrong reason, or based on mistaken facts.  None of that matters, as long as the termination isn't for an impermissible reason, such as being based on sex, age, ethnic origin, marital status, religion, etc.  In that case, the employer does have liability.  Also, sometimes there is an implied contract that makes the situation not truly "at will," such as where there is a promise of employment for a period of time as an inducement to move.  The employee in most situations is at the mercy of the employer.  This explains why the people in management who make these decisions usually negotiate their severance terms as a condition of employment.  It may not seem fair, but it is just another instance in which the law favors the business over the person. (The converse is nearly mythic.) The belief is that this allows businesses to prosper and that we all benefit as a result.... Read More

If you were not fired because of anything that is protected by the law, you have no recourse.  You are entitled to your earned vacation, and you should ask for it in writing.  You are also entitled to a copy of your personnel file and a statement as to why you were terminated.  The two weeks severance was not required by law, so they could have paid you anything they wanted, or nothing at all.  The certificates are yours. and they should return them.  The only issues is wether you were truly fired for making complaints about safety.  ... Read More

It is not possible to be certain if you have a claim, even though you have provided a very good synopsis of your situation.  The payment of the disability benefits is only indirectly an issue, and the FMLA is, as you note, is not involved at all.  However, there may be an ADA or other claim under Minnesota law.  What has happened here sounds just wrong.  I'd avoid going to someone that will charge you just to listen to more of your case, read the e-mails, etc. Find a firm, like ours, that does not charge for the initial evaluation of employment law claims.  ... Read More