It’s April 2019…Do You Know What Your Estate Plan Is?
As the Spring Season enters full swing, it is a good time to do spring cleaning, to plant the garden and trim the bushes, to address home improvement projects that have been neglected, and for many, to dust off their Estate Planning Documents for a regular review. The average person’s financial, familial and legal circumstances are constantly in flux. Over time, these changes can call for the need to revisit and potentially revise one’s estate plan. Changes in the size and nature of your estate, your familial structure and family relations, as well as changes in the law are just... Read More
Elder Abuse Continues to be a Problem in Minnesota
Instances of physical abuse and neglect, as well as financial abuse and exploitation of Minnesota’s communities of elderly and vulnerable adults continue to prevail. Whether it be assisted living or nursing home staff, in-home caregivers, or family members charged with the physical and financial care of elderly and vulnerable adults, it is thought that as many 1 in 10 American’s over the age of 60 can experience some form of elder abuse during their lifetime. This high number is largely based on the statistic that only about 1 in every 14 cases of elder abuse are actually reported. According to... Read More
My doctor put me on work restrictions. What do I need to do? What about my lost wages?
When you have a work-related injury or health problem that is so significant that your doctor issues limitations or restrictions on what you can do at work, you need to tell your employer about it. Your doctor would normally outline your restrictions on a form called Report of Work Ability. Once you know your medical limitations, you will need to make sure that you do not continue working or perform any activities outside of your restrictions because it could be viewed as non-compliance with a medical advice, which could ultimately lead to people thinking that your medical problems are not... Read More
Medical Marijuana in a Workers’ Compensation Case
As of August 1, 2016, Minnesota residents are allowed to use medical cannabis for treatment of their work-related injuries. According to the THC Therapeutic Research Act, to qualify for medical cannabis program, a person must meet certain requirements and go through several specific steps with the medical provider prior to getting an approval. A complete list of medical conditions that qualify for medical cannabis treatment is located in Minn. Stat. § 152.22 Subd. 14, and it includes, among other things, severe or chronic pain and severe and persistent muscle spasms. Medical marijuana can be prescribed by a Minnesota-licensed medical doctor,... Read More
Free Estate Planning Seminar
Join us on Thursday, March 14 at 10 am at the Madelia Library for a FREE seminar on estate planning! We will discuss the following topics: Wills Trusts Probate vs. Non-Probate Healthcare Directives Transfer on Death Deeds Estate Tax Planning Solutions Charitable Gift Planning Medical Assistance Minnesota Farm Estate Tax Exception And More! Refreshments will be provided. This event is open to the public. Invite your friends! CALL 507-625-2525 TO RSVP TODAY! See you at the Library on March 14!
Minnesota legislature to address sexual harassment standard in the workplace
Many Minnesotans find themselves victims of sexual harassment in the workplace, but powerless to stop it. Generally, there are two types of sexual harassment claims: “quid pro quo” and “hostile work environment.” In the quid pro quo situation, an employee must show that submission to unwelcome advances was conditioned on receiving job benefits, or perhaps that refusal to submit to such advances resulted in some kind of adverse job action. The second type of claim arises in the hostile work environment situation. This is where an employee is subject to lewd comments or jokes, repeated requests for dates or favors,... Read More
Can I be fired for that? “At will” employment and the myth of wrongful termination
The term “wrongful termination” is kind of a misnomer. Most employment in Minnesota is considered “at will” which means an employee can be terminated at any time for just about any reason – or even no reason at all. The catch, however, is that employment cannot be terminated for “illegal” reasons. An illegal reason includes: termination based on a protected class status (i.e., race, gender, religion, disability, age); termination for reporting a violation of law (whistleblowing); termination for filing a work comp case; termination in violation of contractual terms. It may be “wrong” to terminate employment because you showed up... Read More
Farrish Johnson Law Office Announces Merger
MANKATO, Minn. — Farrish Johnson Law Office of Mankato, MN, and Brandt Law Office of St. Peter, MN, are pleased to announce the merger of the two firms effective on February 1, 2019. The combined firm will practice under the Farrish Johnson Law Office name. The firms have highly complementary practice areas and, with this merger, the attorneys from both firms will be able to provide greater legal assistance and expertise to individuals, families and businesses across southern Minnesota. Farrish Johnson Law Office will retain office locations in Mankato, Madelia and St. Peter. The attorneys and support staff at each... Read More
Presumed Guilty: Issuing a Dishonored Check
About 4 in 5 Americans live paycheck to paycheck, just one financial mishap from potential disaster. In Minnesota, that disaster can include criminal liability. When Minnesotans issue a check to a government agency, from their local county license center to the Department of Revenue, they can expect prosecution if the check bounces. And even if it was an accident, the current state of the law will presume they are guilty, potentially of a felony. Under Minnesota Statutes Section 609.535, a person who intentionally issues a check that later bounces is guilty of a felony if the check was more than... Read More
Witness to History: Happy New Year
Happy New Year! Wishing you and yours a prosperous 2019!