July 23, 2021 by V. John Ella

Most employment relationships in Minnesota are “at will.” That means they can be terminated at any time, for any reason, or even no reason (except for an unlawful reason such as discrimination.) There are exceptions to at-will employment for tenured professors, civil service employees, and union members, among other groups. An executive with a well-drafted […]

July 9, 2021 by V. John Ella

President Joseph R. Biden, Jr. signed an Executive Order on Promoting Competition in the American Economy (“Order”) on July 9, 2021. The Order includes a number of announcements, statements of policy, directives to executive agencies, and other pronouncements all related to the theme of removing barriers to competition and protecting consumers. One item, however, is […]

June 7, 2021 by Craig W. Trepanier

It is every property owner or residential landlord’s worst nightmare: you discover that a trusted employee, who may have been in your employ for years, has a serious criminal conviction on their record. It may have happened after you hired them or it may have been missed by an initial background check. All employers dread […]

June 7, 2021 by Craig W. Trepanier

The Minnesota Vulnerable Adults Act (the “MVAA”) protects Minnesota’s most vulnerable citizens from maltreatment by implementing a mandatory reporting scheme. Knowledge of the MVAA is vital not only for nursing homes, long-term care facilities, women’s shelters, and the kinds of care facilities that house vulnerable adults, but also for businesses, such as property managers, that […]

May 27, 2021 by Anna M. Koch

Despite Minnesota’s plaintiff-friendly Whistleblower Act, a recent decision by the Eighth Circuit Court of Appeals shows that employers can still succeed in getting whistleblower claims dismissed on summary judgment. In Lissick v. Anderson Corp., No. 19-3783, — F.3d —-, 2021 WL 1799731, (8th Cir. 2021), the court affirmed the district court’s order granting defendant-employer’s motion […]

May 26, 2021 by Nathan R. Snyder

Minnesota Governor Tim Walz signed into law Chapter 30 HF 2128 (the “Health Bill”) on May 25, 2021, which, among other things, includes amendments to Minnesota’s medical marijuana program, which will allow patients with greater access to more affordable cannabis products, including smokable products, such as cannabis flower. The medical marijuana changes mark the most […]

May 26, 2021 by V. John Ella

What is “Hip-Pocket Service”? In Minnesota state court, unlike most states, a civil action is commenced upon service of the summons and complaint, not by filing. This is known as “hip-pocket service.” If you, or your client, is served with a summons and complaint with a Minnesota state court caption but no court file number, […]

May 14, 2021 by V. John Ella

(This article was originally published in Bench & Bar Magazine in July 2020 as “Not So Fast – Termination of Sales Rep Agreements Under Minnesota Law.”) Minnesota has several statutes that protect small businesses from termination of certain contracts regardless of the actual terms of the agreements in question.  Imagine a very large, New York-based […]

May 13, 2021 by V. John Ella

Workplace Privacy Law in Minnesota Can an employer in Minnesota legally monitor employees? The answer is usually “yes.” Employers may monitor work e-mails, internet use on company computers, and sometimes location of employees by GPS or other means. Employers can also monitor workplaces by video. There are surprisingly few restrictions on employee monitoring under Minnesota […]

May 11, 2021 by V. John Ella

PCA businesses in Minnesota should start getting ready to transition from personal care assistance (“PCA”) to Community First Services and Supports (“CFSS”). This change will be more than just nomenclature but most aspects of a PCA agency should remain the same. Clients who were eligible for services before will still be eligible and the covered […]