Jun 25, 2021
A Quitter’s Guide to Employment Law: What Are My Legal Rights if I Resign?
How an employee separates from employment can profoundly impact his or her legal rights. This article will provide a general overview of the law and help guide employees facing any of three decisions: (1) whether, given the option, to quit or be fired, (2) whether to suffer an intolerable workplace situation or stay put, and (3) whether to compete with an employer under a non-competition agreement triggered by “voluntary resignation.”
Jun 22, 2021
What Rights Do Minnesota Employees Have to Examine and Contest Their Employment Personnel File?
Minnesota statutorily imposes on employers detailed requirements concerning the contents of employee personnel files, referred to in the law as “personnel records.” The Minnesota Personnel Record Review and Access Act’s (“MPRRAA”) degree of regulation is surprising, given there’s no requirement personnel files be kept in the first place. It applies to personnel files only “to the extent maintained by an employer” having 20 or more employees.
Jun 18, 2021
Is it OK for me to work for two companies at once? Moonlighting and the Duty of Loyalty.
All employees working in Minnesota owe their employer a common law duty of loyalty. Non-competes, by comparison, apply only to employees who sign them in connection with a job offer or during employment in exchange for some additional consideration, such as a raise, bonus or promotion. Under the duty of loyalty, employees must refrain from (1) competing with their employer during the employment or (2) soliciting an employer’s business for future work, either on behalf of the employee or a competitor.
May 28, 2021
What does “Voluntary Resignation” Mean in A Non-Compete, and How Much Consideration is Enough?
Non-compete and non-solicitation agreements, called post-employment restrictive covenants in the law, are special contracts interpreted by court-made rules. The law that governs non-compete agreements continues to change as courts rule on new cases. One case, the 2017 decision of Valspar Corp. v. Mueller, No. A16-1113, 2017 WL 1210132 (Minn. Ct. App. Apr. 3, 2017) is notable for two reasons. First, it provides guidance on how to interpret non-competes that are triggered by “voluntary resignation” clauses.
May 14, 2021
What Are My Rights to Breaks from Work under Minnesota Law?
Virtually all Minnesota employees are statutorily entitled to work breaks, in some instances paid and in others not. This article will summarize Minnesota law as it concerns restroom breaks, meal breaks and medically or pregnancy necessitated breaks.
May 14, 2021
My Employer Was Acquired: Is My Non-Compete Agreement Enforceable?
You may have a non-competition or non-solicitation agreement with a Minnesota company that has gone through a change in ownership, via merger, acquisition or some other business combination. The impact on your non-compete’s legal enforceability will depend on a variety of circumstances, as discussed in this article.
Mar 16, 2021
COBRA Gets Fangs, For Now: Special COBRA Benefits Under the American Rescue Plan Act of 2021
If you lost your job or were laid off after November 1, 2019, and you received notice of your right to continued healthcare benefits under COBRA, then you may be eligible for valuable benefits under the American Rescue Plan Act.
Typically, when you elect COBRA health coverage, you must pay all premiums, including both the employer’s and the employee’s share. But under the American Rescue Plan Act, there will be a brief period—from April 1, 2021, to September 30, 2021—when you don’t have to pay COBRA premiums at all.
Feb 23, 2021
Am I Entitled to PTO When I Leave My Job?
Many employers offer paid time off [PTO] as a benefit of employment. These benefits come in various forms, such as, weeks of vacation per year of service or earned or accrued PTO based on hours of work during a set period of time. When we quit or are terminated, we are generally not entitled to PTO as a payout when we leave the company. In other words, there is no Minnesota law requiring an employer to pay out PTO time when we leave employment.