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Employment Disputes Archives

What is an at-will employee?

You may share the same line of thinking as many in Minneapolis in that you cannot be fired by your employer without good cause. Yet is this true? Unless you or a family member or friend has had to deal with a firing before, then you are likely unfamiliar with the term "at-will employee." What does this mean, and could you be one without knowing it?

Do you get your same job back after taking medical leave?

Under the Family and Medical Leave Act, you are entitled to up to 12 weeks per year of unpaid leave for certain family and medical situations in Minnesota if you work for an employer who is covered. According to the Department of Labor, during your unpaid medical leave, you are granted certain protections, including the continuance of your health insurance coverage. You also will have a job waiting for you when you return.

What is the Americans with Disabilities Act?

If you have a physical or mental disability, then you have several important rights afforded to you thanks to the Americans with Disabilities Act of 1990. According to the U.S. Equal Employment Opportunity Commission, this key piece of legislature made it illegal for an employer in Minnesota to discriminate against you due to your disability. The Americans with Disabilities Act Amendment Act of 2008 expanded the coverage, including adding certain conditions.

Can you be punished for not breaking the rules?

When you are working in Minnesota, you probably pay close attention to the rules to make sure you do not break them. This is due to the fact that if you break them, you will end up punished in some way. You might find yourself breaking small rules, such as wearing something slightly out of the dress code, but you know the ones that should never be broken. However, what if you were to be told to break the rules? If you refuse and work in the federal government, you might find yourself with no protection against retaliation, according to Government Executive.

As an immigrant, are you protected during employment disputes?

When you work in Minnesota or anywhere else in the U.S., you have certain rights. These rights, including a fair wage and protection from discrimination, are present regardless of your immigration status, according to the U.S. Equal Employment Opportunity Commission. When you feel that your rights are violated, you can fight back without the fear of retaliation. However, many immigrants are kept in fear that they will be deported or otherwise punished if they voice their concerns at work.

What is forced arbitration, and why does it matter?

When you reviewed your employment contract, you probably had to sign something that prevented you from going to court in the case of any type of employment dispute in Minnesota. This clause is often referred to as forced arbitration. Therefore, it is important that you understand what it is before you agree to it.

Limitations in non-compete agreements

Employers in Minnesota and throughout the country may ask employees to sign a non-compete disclosure as part of the hiring process. These agreements restrict employees from engaging in business with the company’s competition, as reported by the U.S. Department of Treasury. The terms of the document often prohibit employees from disclosing private company information to a competitive source, going to work for a competitive company or starting a new company that directly competes with the employer. While a company cannot force an employee or potential employee to sign a non-compete agreement, employers can choose to not hire someone who does not want to sign the document. There are some limitations, however, in the enforcement of these agreements.

The dubious effectiveness of verbal contracts during employment

Employees as well as employers can benefit from a contract that outlines what is expected on the job. At Neaton & Puklich, P.L.L.P., we are frequently asked about the effectiveness of different types of employment contracts. With most companies in Minneapolis, signing an employment contract is typical upon hiring. However, there are some instances when you might feel that you don't need a contract. Agreeing to work solely by verbal agreement is known as an oral or verbal contract.

Forced arbitration bill introduced in U.S. Senate

When employment disputes arise, employees hope to use existing Minnesota and federal laws to help them prove and win their cases in a court of law. However, the widespread use of mandatory arbitration clauses in employment contracts has made it increasingly difficult for everyday people do so.

Am I entitled to employment benefits?

When you are employed in Minnesota, you may be entitled to some employment benefits but not to others. While there are many benefits that you are guaranteed by state and federal law, some packages are only provided by companies to attract and keep skilled workers. It is important that you know which benefits are legally mandated and which are voluntarily provided by your employer.