The Minnesota Court of Appeals issued a decision in the case of Roberts v. HydraMetrics, LLC, No. A18-0390, (Minn. Ct. App. 2019) that both clarifies and criticizes a well-known 1992 court decision that was seen at the time to have opened the door for minority shareholders of Minnesota corporations who are terminated as employees of […]
Use of Credit Checks by Minnesota Employers in the Employment Context
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 […]
How to Enforce a Minnesota Non-Compete
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 […]
MSBA “One Profession” Event in Bemidji to Feature V. John Ella
The Minnesota State Bar Association’s “One Profession” program will be in the 9th Judicial District at the Sanford Center in Bemidji, Minnesota on March 22, 2019. TMB shareholder V. John Ella will speak at a breakout session on “Top 10 Employment Law Mistakes.” John’s session will discuss ten simple legal errors that Minnesota employers make […]
V. John Ella to Speak at MRA on Topic of Drug Testing Law
TMB shareholder V. John Ella will participate in the Employment Law Update presented by MRA, one of the nation’s largest employer associations. Mr. Ella’s topic is “Legal Implications for a Drug-Free Workplace.” The seminar is scheduled for March 14, 2019 at 5801 Opus Parkway, Minnetonka, MN 55343. Contact MRA for information on how to register. […]
V. John Ella Discusses Non-Competes
TMB Attorney V. John Ella spoke about non-competes and how to resolve them at an Employment Law Panel Discussion hosted by Advent Talent Group on February 26, 2019. Minnesota attorneys Kate Bischoff, Debra Weiss, Jenny Fuller (pictured) also spoke on related employment law topics and engaged in an interactive dialogue with attendees made up of […]
Forum Selection Clause in Minnesota Employment Contract Applies to Ancillary Compensation Agreement
A recent decision from the United States Court of Appeals for the Eighth Circuit provides insight as to integration of Minnesota employment agreements and forum selection clauses for claims asserted under an agreement executed as part of a package of other agreements that form the basis of an employee’s offer of employment. In Medtronic v. […]
Bryan Battina will Present Seminar on Conciliation Appeals
TMB Shareholder Bryan Battina will present a Continuing Legal Education (“CLE”) seminar on appealing conciliation court judgments and defending conciliation court appeals in district court on Tuesday, February 12, 2019 from 12:00 PM to 1:00 PM. This seminar is sponsored by the Minnesota State Bar Association (“MSBA”) and will be held at the MSBA conference center located at 600 […]
How Judgments Granting or Denying Injunctions Can Become Moot on Appeal
Plaintiffs in non-compete cases often seek an injunction to prevent a former employee from breaching his or her agreement and causing irreparable harm. Most non-competes, and most injunctions in these types of cases, have a duration of one to perhaps two years at the most. Because it can often take a year or more to […]
Minnesota Court of Appeals Clarifies Procedure for Mandatory Buy-Out of Minority Shareholder Interests Pursuant to a Motion
Introduction The Minnesota Court of Appeals weighed in on the closely-followed Lund family litigation involving the efforts of Respondent Kim Lund to divest herself of ownership, held through trusts, of three privately held Lund family business entities forming the Lunds & Byerlys grocery store empire in a decision issued on January 14, 2019, Kim A. […]
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