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
Payment of Wages Following Termination of Employment
Under Minnesota law, you are entitled to prompt payment of wages after leaving employment. If you have been terminated from employment, you have the right to demand all wages or commissions actually earned and unpaid at the time of discharge. Once a demand is made, the employer has 24 hours to pay these wages or commissions. If you quit employment, your wages are generally due on your regularly scheduled payday. If your employer fails to make payment when due, you have the right to demand payment and the employer must comply within 24 hours after the demand. In either case,... Read More
Witness to History: 2016
This week in 2016, President Barack Obama became the first US President to visit Cuba since 1928. In that same year, Joseph Gangi was first selected for inclusion on the Minnesota Rising Stars list published by Super Lawyers®, a Thomas Reuters business. Gangi also received this honor in 2017. President Obama visits Cuba On March 21, 2016 President Obama landed in Cuba for a meeting with Cuban President Raúl Castro, becoming the first U.S. president to visit Cuba since 1928. The historic three-day visit included a tour of Old Havana, taking in a baseball game with Raúl Castro, and delivering... Read More