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 […]
Four TMB Attorneys Named as “Super Lawyers” or Rising Stars for 2021
Four Trepanier MacGillis Battina P.A. attorneys have been selected for inclusion in the 2021 edition of Minnesota Super Lawyers ® magazine: TMB shareholder Craig W. Trepanier was named as a Super Lawyer in the areas of Employment and Labor Law: Employer, Employment Litigation: Defense, Business Litigation, and Closely Held Business law. TMB shareholder James C. […]
What Does Biden’s Executive Order Promoting Competition Mean for Minnesota Non-Competes?
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 […]
Minnesota Criminal Background Check Obligations for Residential Property Managers
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 […]
Property Manager Duties under the Minnesota Vulnerable Adults Act
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 […]
Craig W. Trepanier and V. John Ella Featured in Attorney at Law Magazine for Executive Law
TMB shareholders Craig W. Trepanier and V. John Ella were featured in the June 2021 issue of Attorney at Law Magazine in a piece called “Speaking the Language of Executives” by H. K. Wilson. The article describes how both attorneys graduated from the University of Minnesota Law School in 1994, went their separate ways, and […]
Nicholas N. Sperling and V. John Ella Author Legal QuickSheet on “Employee Monitoring and Workplace Privacy” for Minnesota CLE
TMB attorneys Nick Sperling and V. John Ella have co-authored a publication for Minnesota CLE entitled Legal QuickSheet (TM) on Employee Monitoring and Workplace Privacy. The publication was provided to all attendees of the 2021 Upper Midwest Employment Law Institute and is available for purchase on line for ten dollars. V. John Ella is a […]
Defending a Claim under the Minnesota Whistleblower Act
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 […]
Recent Changes to Minnesota Medical Marijuana Laws as Part of Omnibus Health Bill and Recreational Cannabis Update
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 […]
Hip-Pocket Service in Minnesota
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, […]
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