November 26, 2019 by V. John Ella

The increasing use of non-compete agreements is choking the hiring process for many companies. But employers recruiting an otherwise perfect job candidate who is subject to a non-compete should not panic.  Nor should the employer simply ignore the non-compete. Employers need to work calmly through the situation.  Anecdotal evidence suggests that roughly nine out of […]

October 13, 2019 by Bryan R. Battina

Arbitration is intended to avoid traditional courtroom experiences. At times, however, courts become involved if parties must be compelled into the arbitration process.  At other times, courts become involved to confirm an arbitration award after the arbitration process has concluded.  A pair of recent decisions from U.S. District Court of Minnesota help to clarify the […]

September 29, 2019 by Trepanier MacGillis Battina P.A.

In McGuire v. Bowlin, — N.W.2d — (Minn. 2019), the Minnesota Supreme Court decided that Nathan C. McGuire, a former head coach of the girl’s basketball program at Woodbury High School, was not a “public figure” for purposes of determining the standard for a defamation claim he asserted against certain parents of players on the […]

April 2, 2019 by V. John Ella

The Minnesota Supreme Court issued two decisions in 2019 interpreting the scope of the Minnesota Human Rights Act (“MHRA”) as to protections against discrimination based on an employee’s disability.  Together, the two rulings reinforce the idea that employers in Minnesota need to be both thoughtful and careful when responding to an employee’s request for an […]

March 28, 2019 by V. John Ella

The Personal Care Assistance (“PCA”) and home health care industry has been rewarding for owners of PCA agencies in Minnesota, some of whom are first-generation immigrants serving a particular demographic or immigrant community. A perfect storm of regulatory changes, however, is making this line of business increasingly challenging. Because Minnesota PCA businesses bill the state’s Medicaid […]

March 27, 2019 by Craig W. Trepanier

What is the Minnesota Agricultural Equipment Dealership Act? The Minnesota legislature has adopted the Minnesota Agricultural Equipment Dealership Act, Minn. Stat. § 325E.061, et seq. (the “Act” or “MAEDA”), which provides special legal protections to dealers of agricultural equipment. Under the Act, dealers may bring legal action against a manufacturer that violates the Act’s provisions. […]

March 17, 2019 by James C. MacGillis

The Minnesota Court of Appeals issued a decision in the case of Roberts v. HydraMetrics, LLC, No. A18-0390, (Minn. Ct. App. 2019) that addressed a shareholder’s claim that he had an expectation of lifetime employment with the Minnesota company for which he worked.  The decision both clarifies and criticizes a well-known 1992 Court of Appeals decision that was originally […]

March 17, 2019 by Craig W. Trepanier

Generally, employers who are considering obtaining background information in order to make personnel decisions should use credit checks only when credit information is job-related and can be shown to be a business necessity.  For instance, a credit check may be permissible when there is a close relationship between credit information and job performance, like in employment positions that involve employees handling […]

March 7, 2019 by V. John Ella

When one or more of your employees resign to join a competitor or start a competing business you need to quickly evaluate your legal rights to prevent unfair competition that could injure your company. Step One – Have Signed Non-Competes in Place for Key Employees You cannot enforce a non-compete if you do not have […]