How to Collect Unpaid Wages and Commissions in Minnesota
Minnesota unpaid wages attorney Craig W. Trepanier answers questions about unpaid wages and Conciliation Court. Call 612.455.0502.
Avoid Drafting Mistakes and Ensure the Enforceability of Your Company’s Non-Compete
Two cases demonstrate how drafting errors in a non-compete agreement can invalidate the agreement. In Burke v. Fine, the court concluded that a non-compete clause terminated with an employment agreement because the non-compete clause did not contain any “survival” language. In Western Forms v. Pickell, poor drafting of an employment agreement led the court to […]
Modifying Mid-Stream Non-Compete Agreements Under Minnesota Law
It is unclear under Minnesota law whether an employer who modifies an otherwise valid non-compete agreement with an existing employee must provide “independent consideration” to support the changes to the agreement. In National Recruiters, Inc. v. Cashman, 323 NW 2d 736 (Minn. 1982), the Minnesota Supreme Court held that restrictive covenants not ancillary to commencement […]
Minnesota Supreme Court Clarifies Standards for MHRA Sexual Harassment and Aiding and Abetting Claims
In Rasmussen v. Two Harbors Fish Co., Civ. No. A11-2178, 2013 Minn. LEXIS 274 (Minn. May 22, 2013), the Minnesota Supreme Court agreed with the Minnesota Court of Appeals, holding that a person who is both the sole owner of a business and sole harasser cannot aid and abet his or her own discriminatory conduct […]
Which Corporate Documents are Shareholders Entitled to Examine?
Shareholders often want access to information about the corporations in which they own shares, especially in the context of closely held or family-owned businesses. In many situations, however, those in control of the corporation do not want to provide minority shareholders with unfettered access to corporate records such as financial statements, tax returns, business plans, […]
Minnesota House Bill Banning Non-Competes Stalls in Committee
Minnesota, like several other states across the country, is considering legislation to ban or severely limit the use of non-compete agreements. As discussed in a previous article, Minnesota House Bill 506: Banning Non-Compete Agreements, a bill was introduced in the Minnesota House of Representatives on February 11, 2013 that would ban non-compete agreements under many […]
Minnesota House Bill 506: Banning Non-Compete Agreements
On February 11, 2013, Representatives Joe Atkins (District 52B) and Alice Hausman (District 66A) introduced Minnesota House Bill 506 (“Bill 506”). If passed, Bill 506 would significantly restrict the legality of non-compete agreements in the State of Minnesota. Presently, although Minnesota courts view non-compete agreements as partial restraints of trade and construe them narrowly, courts […]
Minnesota Court of Appeals Analyzes Statute of Limitations for Wrongful Termination Claims Under DATWA
*Update: Following publication of this article, in July of 2013, the Minnesota Supreme Court reversed the Minnesota Court of Appeals’ decision and held that wrongful termination claims under DATWA are subject to a six-year statute of limitations. Click here to read our article discussing the Minnesota Supreme Court decision. Because of the reversal, the information […]
Minnesota Conciliation Court Jurisdictional Limit Increases to $10,000
Effective August 1, 2012, the jurisdictional limit in Minnesota Conciliation Court (Small Clams Court) has been increased to $10,000.00 for general claims. The limit for consumer credit transactions remains capped at $4,000.00. The jurisdictional limit for general claims will increase to $15,000.00 effective August 1, 2014. See Minn. Stat. § 491A.01, subd. 3, as amended. […]
Courts Limit Aiding and Abetting Claims Under Minnesota Human Rights Act
The Minnesota Court of Appeals recently published two important decisions addressing an individual’s liability for “aiding and abetting” acts of discrimination under the Minnesota Human Rights Act (“MHRA”) in the context of closely held corporations. In Matthews v. Eichorn Motors, Inc., 800 N.W.2d 823, 830 (Minn. Ct. App. 2011), the Minnesota Court of Appeals held […]