Representing Daycares and Daycare Directors
Continuing his representation of daycares and daycare directors, Attorney Joseph A. Gangi recently obtained a dismissal of all criminal charges brought against a daycare director in Rice County who DHS says committed billing fraud. The district court judge found that there was no probable cause to support criminal charges and dismissed the case. This case comes after Mr. Gangi’s landmark decision in Kind Heart Daycare v. Commissioner of Human Services, where the Minnesota Supreme Court agreed that DHS was not properly interpreting the applicable criminal statute governing billing fraud. For more information on these issues, please contact Mr. Gangi at... Read More
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
Witness to History: 2013
In 2013 the Speechless Film Festival began in Mankato, MN. The Festival is presented by Bethany Lutheran College each year and showcases the work of local and international artists. Also in 2013, Jospeh Gangi joined the firm and first received the North Star Lawyers Award for the Minnesota State Bar Association for his commitment to pro bono service. Speechless Film Festival Speechless Film Festival is a 3-day multimedia event that showcases local and international artists. Created in 2013, the festival is presented by Bethany Lutheran College in Mankato and is the only international, independent film festival in or around Mankato.... Read More
Unemployment Compensation
AN EMPLOYEE IS ELIGIBLE FOR BENEFITS WHEN THE EMPLOYEE PERFORMS 50% OR MORE OF THEIR WORK IN MINNESOTA DURING THE BENEFITS QUARTER. An employer had two employees who performed work for the company in both Minnesota and Wisconsin. The employees were laid off and both applied for unemployment insurance benefits in Minnesota where they resided. The employees provided the Minnesota Department of Employment and Economic Development (DEED) with detailed records of their hours worked and in which state their services were performed. DEED determined that the employees were eligible for unemployment benefits for the quarters during which they “performed their... Read More
Minnesota Fair Labor Standards Act
FIRING AN EMPLOYEE FOR REFUSING TO SHARE TIPS EXPOSES THE EMPLOYER TO A WRONGFUL DISCHARGE ACTION AND DAMAGES. An employer told an employee that he needed to share his tips with other employees. The employee refused, and the employer terminated his employment. The employee sued claiming that his employment was terminated in violation of the Minnesota Fair Labor Standards Act (MFLSA). The trial court ruled that the MFLSA did not contemplate an action for wrongful discharge and that if the Legislature intended for employees to sue for wrongful discharge it would have included that language explicitly in the MFLSA. The... Read More
Non-Compete Agreements
INDEPENDENT CONSIDERATION IS REQUIRED IF A NON-COMPETITION AGREEMENT IS NOT ENTERED INTO AT THE BEGINNING OF OR ANCILLARY TO THE EMPLOYMENT RELATIONSHIP. A prospective employee applied for a part-time position with a company. The applicant was offered and accepted a full-time job. The employer sent a letter confirming the employee’s acceptance of the position but did not mention that it wanted the employee to sign a non-compete agreement. The employee was not given the non-compete agreement until her first day of work. The employee left several years later to start a competing business, and the employer sued claiming she was... Read More
Congratulations to Farrish Johnson Super Lawyers!
Farrish Johnson Law Office is pleased to announce attorneys Scott V. Kelly and William S. Partridge have been named “Super Lawyers” for 2018. This prestigious award from Super Lawyers, a Thomson Reuters business, recognizes them to be among the top 5% of all lawyers in Minnesota. Scott and Will, trial lawyers practicing in personal injury litigation, business disputes and construction law, have received this distinction every year for the last 18 years! Two “Rising Star” attorneys are also part of the Farrish Johnson team. Daniel J. Bellig and Joseph A. Gangi recently received this designation for 2018. Daniel is a trial... Read More
12 Fast Facts Employers Need to Know to Comply with Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA)
Minnesota has one of the most vigorous workplace drug-testing laws in the country. Here are 12 fast facts you need to know if you require testing of employees or job applicants: You must have a written drug and alcohol testing policy; You must provide written notice of the policy to all affected employees when the policy is initially adopted and when any employee who was previously unaffected by the policy transfers to a position affected by the policy, and to job applicants upon hire and before any testing is required if the job offer is contingent upon testing; You must... Read More
The Standard of Review on Appeal – Explained Through Football!
Most football fans are familiar with the red “challenge flag.” The head coach of a football team keeps a special red flag with him throughout the game. If the head coach disagrees with a call, he will throw the red challenge flag onto the field. The referees then use instant replay to determine whether the ruling on the field will stand as called, or be reversed. But it is not as simple as getting a “second bite” at making the correct call. A decision was made by an official with a unique view of the field, and that call is... Read More