Checking sports scores at work can lead to conflict. When the conflict turns into a termination, employees have an opportunity to fight back. To see the case I referred to during Episode 006 of the Podcast, consider looking at Court of Appeals A10-146.
Category: Employment Law
Get insights on employment law, workplace rights, and legal updates. This blog category covers wrongful termination, discrimination, wage disputes, employee benefits, workplace policies, and more. Stay informed with the latest trends and practical advice to navigate employment law with confidence
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New Non Compete Laws in Minnesota
A non compete agreement in Minnesota recently took on a new look. Recently, Minnesota adopted a new law. The law for covenants not to compete clearly says such agreements are void and unenforceable. Unfortunately, the statute has a massive number of conditions, assumptions, and loop holes.
In other words, the new laws surrounding non-compete agreements don’t necessarily help workers in every situation.
New Law for Covenants Not to Compete
Minnesota’s new law is found under Minn. Stat. 181.988. The statute clearly says covenants not to compete are void and unenforceable. However, there are all kinds of problems with the rule.
First, the new rule appears to apply to agreements made after July 1, 2023. That said, this law office anticipates lots of litigation concerning the effective date of the rule and whether agreements before July 1 of 2023 are impacted.
That said, Minnesota is already seeing courts review non compete agreements under the new law. For example, see Cookie Dough Bliss Franchising, LLC v. Feed Your Soul Minn., LLC.
Second. the law has a bunch of exceptions where Minnesota’s new rule doesn’t apply. This includes:
- Trade Secrets
- Confidential Information
- Non Solicitation
- Client Contacts
- Customers
In other words, there is a strong chance that employers will find ways to downgrade the law by intersecting customer lists with written agreements. In all likelihood, this will cause litigation problems in the future too.
Non Compete and Legal Remedies
Now, the biggest kicker of them all is the fact the rule supports attorney fees. Statutes that make reference to attorney fees is a deterrent to others with lesser claims. In other words, those with weak cases are less likely to push the limits.
Interestingly enough though, the clause in favor of attorney fees is one sided and favors the employee. So, employers seeking injunctive relief are going to be forced to make very difficult decisions.
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Salary for this Job Was What⁉️ Unemployed and Wondering 😲
Wages and salary for unemployed workers matter, especially when seeking a job offer. On the other hand, not knowing what you are worth can be a problem.
Even worse, the fear of remaining unemployed can cause job seekers to panic and take a low ball proposal.
Knowing about the following information is extremely relevant to those anticipating a job offer or needing assistance in the negotiation process.
For these reasons, a lot of people start searching for salary reports online. Some, pay for a specialized report because paying for a report specific to an industry or employer feels different.
That said, I believe a lot of these same people are wasting their time, money, and energy because this information is free and even more importantly, unbiased.
Salary For Minnesota Jobs?
Before paying or subscribing to a bogus website about a salary for debate, check out these free resources:
- Minnesota’s Salary and Job Vacancy Report
The reason I like the website previously mentioned is because it allows me to view wages and salaries for specific counties within Minnesota.
Also, I can look at data specific to an occupation, industry, and firm size. Even more importantly for those who are unemployed or seeking benefits here in Minnesota, the reports are free and updated on a quarterly basis.
Hourly Wage For MN Jobs?
Let’s be real. Salaries and wages mean one thing: how much are you getting paid. Start by learning about “median“. No, not your shirt size, but a term used by those crunching numbers.
To get things started, I recommend checking out data from this link and checking back:
Although information from BLS is likely more detailed, it it isn’t updated nearly as often as Minnesota’s site. But, old news can sometimes be just as important as new news.
Anyways, the easy way to think about an occupational wage median is to think of it as the middle. In other words, what are most people earning at a job similar to the one you are looking for?
Of course, the hard way of thinking about your wage median is by looking here for Wikipedia answers.
Again, the reason I am bringing this issue up is because unemployed workers need to be prepared for a job offer.
Salary For Summary
To summarize, I desperately want to see more unemployed people use the websites above to assist them in their job search process so they know how to response when a job offer comes through.
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How Are Minnesota Executive Contracts and Pro Sports Contracts Different?
Executive contracts in Minnesota are completely different from a professional sports contract for one gigantic reason: support from a union.
A lot of times, executives have this idea of free agency, when in reality, the game is slightly different. Thus, here is a birds-eye-view of an executive agreement for employees in Minnesota.
Executives are Employees or Owners
Generally, an executive is either an employee or an owner or both. When tagged as an owner, it boils down to control, ownership rights and percentages. The distinction though is separating oneself from a union like agreement.
Professional athletes have player rights that are like or similar to other players. Executives have individual rights exclusive to themselves. Even though executives do not have the luxury of leaning on a union for a standard agreement, a lot can be gained by negotiating a written contract.
As you already know, executives serving as a high-level employee want maximum value for their expertise and service. Owners are usually seeking equity and control. Executives seeking control are usually doing so as part of their job description versus having equity in a company.
Of course, there are exceptions, which makes the process of negotiating a strong executive contract that much more important.
Executive Contracts and Clauses
Here are a few parts that every executive contract should include:
- Terms and Limits
- Compensation Clause
- Time Off
- Benefits (insurance, 401K, etc.)
- Exit Strategy
Very likely, prudent executive agreements negotiated with a Minnesota employer will call for much more detail. But, this is a short list to begin the drafting process.
Executive Contracts and Negotiations
As you might expect, negotiation strategies are different for executives currently employed by an employer versus an opportunity with a new or different entity. Sometimes, this means examining a past contract or non-compete agreement.
A lot of high-level managers and executives immediately turn to their compensation clause. But, one has to balance their compensation with long-term impacts like a nonsolicitation clause or non-compete agreement.
The negotiating process for an executive contract is a combination of past experience, current value, and future potential. Whereas a professional contract is usually based on other athletic contracts, an executive agreement can be more creative.
Creativity includes money. Whether an executive in Minnesota seeks a strong salary, stock options, ownership rights, incentives, etc., the idea is negotiating for the future. \
Time Off, Benefits and Other Executive Clauses
Because there is so much effort devoted to the value an executive brings to an organization, sometimes we overlook time off too. For many, the PTO or personal time off calendar will match other employees serving in high roles. But, this issue needs to be clarified with specificity.
Likewise, this is the same standard for health insurance, disability benefits, and related benefit packages.
Employees who gain more than the standard win. Executive contracts that align with our home life are even more appealing.
Employment Agreement Exit Strategies
You are smart enough to know that having a backup plan or an exit strategy to an employment agreement makes top-notch sense. Sometimes, this includes a buyout clause.
Other times, this means seeking help from a mediator or arbitrator.
Either way, having a procedure in place to facilitate a transition (positive or negative) can be more valuable than compensation.
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Hope for Unemployed Law Students Taking the Bar Exam
Taking the bar exam as an unemployed law student can be overwhelming when students are just trying to pass their test. In my years, I have spoken with hundreds of law students experiencing this same process.
Generally speaking, everybody has a different approach. Today, I want to share a quick outline of a more effective strategy.
Meet Mr. and Mrs. Bar Exam
First, I like the idea of framing the bar exam as an achievable goal that will help students turn into future lawyers. In other words, if passing the state law exam is my goal, I immediately create a wall, which will hurt if I run into it at full speed. If the only reason to retain information is to dump it onto an exam, that student and exam taker will lose.
Instead, I like the idea of framing the bar exam as an opportunity to prepare myself for future clients. The bar exam is no longer a thing, it is a person. As a result, allow me to introduce you to Mr. and Mrs. Bar Exam. They have children. They have a business. They owe taxes. They have a complex living arrangement. They fell on the ice. They are the victims of a crime. They entered into an unconscionable contract. And, they need your help.
If you study each law exam topic as if you will need it to advise future clients, then every detail matters and my hope for you is that you will retain every detail. The Bar Exam family need you, right now, to exhibit 100% effort so their legal issue can get resolved.
Bar Exam and Your Calendar
Second, the idea of circling the bar exam test dates on a calendar is an absolute joke. Serving Mr. and Mrs. Bar Exam is a process that requires methodical planning. The end date isn’t as important as the process of retaining information and serving the issues that get asked.
Own the present.
Historical Records Help You Serve Mr. and Mrs. Bar Exam
This next point is going to blow your mind. You live in an apartment down the road from your school, right? Do you recall the first time your toilet plugged and you were fearful of toilet water hitting the floor? For a brief second, that was scary, right?
Well, the second time it happened it wasn’t as scary because you quickly realized how to overcome the issue, after all, it wasn’t your fault the landlord hadn’t replaced your apartment’s toilet parts in over 15 years. In other words, your past experience helped you address a same or similar problem.
Practicing law is problem-solving. Past legal problems help lawyers serve present legal problems. There are many ways to gain experience. Two effective way include:
- Time, and
- Reading.
Luckily, you have time to read. I encourage all law students preparing themselves for a bar exam to read and work through practice problems. I like the idea of using practice multiple choice questions because a student can cover a lot of ground in a short period of time. One source of exam questions can come from here.
Thus, the more you practice problems you work through, the better prepared you will be when Mr. and Mrs. Bar Exam ask for your help.
Unemployed Law Student Taking the Bar Exam
Of course, all of this is only worth your time and effort if you pass the exam. Being unemployed is scary. Being unemployed and failing the Exam is even scarier. For me, the fear of failing was just as compelling as the strategy I addressed above.
If that doesn’t work, then perhaps the Chinese Bamboo Tree is your saving grace. Either way, I believe you are going to be successful at serving Mr. and Mrs. Bar Exam.
If during this process you are audited by an employment agency or are offered a non-compete contract, please reach out. In the meantime, keep working hard.
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Social Media at Work Got Me Fired
Social media access on your work computer is a no-no because very little good can become of it. For employees doing research after getting reprimanded or discharged, looking backward is the name of the game.
On the other hand, if you are doing research to see if it is permissible or not, I am in favor of avoiding this conflict altogether. In fact, avoid all log-in websites. This includes:
- Web browsers (Bing and Chrome accounts),
- Third-party e-mail,
- Facebook,
- E-vites,
- Personal bank accounts,
- Fantasy sports,
- Newspapers, and
- Anything else.
Why? Because what good will it do and why can’t you use your personal cell phone away from your workspace? Nonetheless, let’s examine what an employee might expect when being fired for online issues.
Unemployment and Fired for Social Media Usage
Being fired for internet issues and seeking unemployment benefits is an unexplored area of law. For the purposes of this section of my post, I will focus on using social media while working versus getting fired for words or expressions made using a social account. In general, there are a handful of quality arguments in favor of acquiring unemployment benefits:
- Usage was permitted,
- Other employees are doing the same,
- Time used was limited or rare,
- The employer failed at offering a warning,
- Accessing an account was inadvertent, and
- There was a good faith error.
There are many other reasons and each situation will be different. Even better, positive results are achievable.
Evidence for Unemployment Cases Involving Social Media
When somebody contacts me about getting fired due to a social media issue, I like the idea of requesting a specific reason for the termination or discharge by using Minnesota statute 181.933.
Also, I like the idea of seeking a copy of one’s personnel file and the employer’s expressed policy on internet usage.
Fired for Nonwork Activities
For the camp of folks who get reprimanded or lose their job because of a social media post, again, this is a very new area of the law. As a result, there isn’t necessarily a legal precedent workers and employees can turn to for support.
That said, I foresee people having an easier time with a case when a post is socially acceptable, unrelated to an occupational requirement, and avoids a conflict of interest or loyalty owed to an employer. Again though, this type of situation is going to be different for every person and employer.
Social Media and Final Thoughts
Social media is a wonderful tool, but it can cause problems too. Because I am seeing more and more of these types of situations, the lines are less blurry than years past. But if given the chance, err on the side of being cautious.
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Minnesota’s Drug Testing Laws
Minnesota’s drug testing laws for employees stems from Minnesota Chapter 181. Sometimes, folks might hear the testing rules called DATWA, or Minnesota’s Drug and Alcohol Testing in the Workplace Act.
As you can see, this rule is extremely complex, and every situation will produce a different set of facts and or outcome.
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Non-Compete Agreements and Minnesota’s Blue Pencil Doctrine
The Blue Pencil Doctrine is a law in Minnesota that allows a Court to change and make a contract clause more “reasonable”. Unfortunately, what is reasonable is going to be very fact specific and likely exclusive to the parties involved.
Generally, the blue pencil rule or doctrine has applied against non-compete agreements. But, it would not surprise me to find or see a court apply it to other contracts unrelated to employment.
In my experience, the blue pencil doctrine in Minnesota is a difficult rule because it is left to the mercy of the courts. For those wishing to read a court case reviewing this issue, consider reading Klick v. Crosstown State Bank, Inc.
Otherwise, contact me directly.
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Teenagers are Employees Too
n Minnesota, teenagers are employees too. As our local youth look for summer jobs, sometimes employers illegally classify younger workers or make false stereotypes.
Believe it or not, teenagers (children) are more protected and have more legal rights than adults.
In fact, Minnesota devoted Chapter 181A to protect children workers. Likewise, there are federal rules that protect teenage workers too.
Teenagers Looking for Summer Jobs
For the teenagers looking for a summer job, I encourage you to consider:
- Applying for a job in-person,
- Practice interview questions,
- Keep calling “them” to see if an opportunity has opened up,
- Job openings change on a weekly basis,
- Dress semi-casual for your interview,
- Put your phone away during the interview,
- Consider knowing and applying the Fish Philosophy, and
- Stand-Up for yourself.
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Jobs After Graduating vs Graduating Failures
I am excited for the Class of 2017. For those looking for jobs after graduating, I believe signing a non-compete agreement is literally the worst first step a new graduate can make.
In other words, a graduation failure.
If your next job interview turns into a sneaky non-compete, yell stop and get it reviewed before proceeding.
I wish you the best.
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My First Move After Getting Fired
What to do after getting fired or laid off? First, you are not alone. Second, whether you are injured, laid off, an executive, hourly worker, or terminated for employment misconduct, every worker and former employee should consider the same path when taking the next step.
Thus, consider this a game plan if you are asking what to do after getting fired or terminated from your job.
First Step: what to do after getting fired
The first thing to do after getting fired is request a copy of their personnel file.
Provided a person follows the guidelines under Minnesota statute 181.961, there shouldn’t be many complications.
What is your personnel file?
Your personnel file is any document connected to you and your job. This includes applications, resume submissions, wage versification, W-2 forms, benefit information, correction plans, retirement benefits, non-compete agreements, etc.
What should a request for your employment file look like?
A request for your employment file should be in writing. No, this does mean you can e-mail your request. According to the rule, the request must be in writing.
Next, a worker or employee recently fired or terminated should ask for:
(1) All wages, bonuses, prizes, awards, and commissions owed,
(2) A complete copy of your personnel file,
(3) The truthful reason your job ended,
(4) The return of all personal property,
(5) Copies of any specific document or book relevant to your discharge, and
(6) Ask your former employer to forward this information to an address you find appropriate.
Wait, I know why my job ended
Yes, a worker might know the reason why they were fired or terminated. None the less, it is important to ask again and in writing because your right to information about an involuntary termination may end within 15 working days from the date your job ended.
Also, obtaining written documentation from your former employer may help you with an appeal for unemployment benefits.
For more information on the notice of termination requirements, consider reviewing Minnesota statute 181.933.
Second Step: what to do after getting fired
Before starting on the second step, make sure you review what to do after getting fired above.
None the less, the second thing to do after getting fired is to write down any details you recall specific to your job ending. For example, outlining conversations with co-workers, bosses, human resources or describing a sequence of events.
Third Step: what to do after getting fired
The third thing to do after getting fired is to consider whether you are going to apply for unemployment benefits. Prevent yourself from filing for unemployment on the day or week you were fired.
Yes, you need time to reduce emotion and negative sentiment. As you can guess, this is normal. Also, you want time to think through the sequence of events that led to your termination and make sure you are prepared to questions that will help you get unemployment versus prevent you from getting unemployment.
Fourth Step: what to do after getting fired
The fourth thing to do after getting fired is to consider whether you need to take necessary steps to file a claim or claims with the Department of Labor, EEOC, Minnesota Department of Human Services, Minnesota Department of Labor, Minnesota Department of Human Rights, or a related agency.
Need more help?
If you need more help, consider contacting this law office for advisement. I wish you the very best.
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Is Your Minnesota Corrective Action Plan BS?
Is there such a thing as a Minnesota Corrective Action Plan or are there laws that you should be concerned with? No and yes. Unfortunately, it depends on your job and the size of your employer.
Thus, this law office encourages you to use the following as a guideline and or introduction to this thing called a Minnesota Corrective Action Plan.
What is a Minnesota Corrective Action Plan?
First, there really isn’t a black or white definition. Generally, corrective action plans in Minnesota are documents used by employers to communicate certain expectations to a worker or an employee.
Minnesota is applied to this term not because there is a rule or statute specific to corrective action plans, but instead given the fact this law office serves people who work for Minnesota corporations and businesses.
It is the experience of this law office that many corrective action plans are ambiguous or unclear. Might this be the case for you? When your Minnesota corrective action plan is unclear, ambiguous, or broad – you should panic. No, don’t panic – this was a horrible attempt at a joke. That said, certainly it is problematic when you yourself do not know how to meet and or exceed the expectations outlined in your corrective action plan. For this reason, it is critical you seek clarification, ask questions, and document (write down in a notebook or print out communications via e-mail) that help you piece together the plan your employer is proposing.
Can a corrective action plan be called something different?
Yes, often employers will refer to corrective action plans or a Minnesota corrective action plan like that discussed in this article as a CAP, Personal Improvement Plan, or PIP.
Really, the punch line is whether or not there is a document that identifies expectations your employer is asking that you change while making reference to outcomes if you do not meet their expressed policies.
Why should you document your corrective action plan in Minnesota?
Look, your employer is documenting things and you should too. Take notes of every communications between you and your boss, director, manager, hr representative, etc. Some people verify, print, and keep e-mail. Others should consider writing communications down in a notebook.
Again, follow this practice so you have records and to show why and how you tried desperately to adhere to your employer’s expectations.
Also, document your communications specific to your Minnesota Corrective Action Plan because you never know when it might help you in a future conflict, whether on the date of your discharge, the date you seek unemployment, or if you are ever compelled to pursue a cause of action against your now former employer.
But wait, you don’t have a job that requires you to use a computer
For the jobs and careers that do not include or require computer use – you can still document your Minnesota corrective action plan by taking notes at the conclusion of your work day.
I read this article after I had been fired and didn’t document anything
Ok, so you are just now coming across this article. Do not beat yourself up or despair. Yes, you have legal rights that allow you the opportunity to seek a copy of any correction action plan given to you by your employer.
Under Minnesota rule 181.961, you have the right to review your personnel record and or get a copy of it. Very likely, your employment file will include a copy of your Minnesota corrective action plan.
If you are given a corrective action plan and work in Minnesota, when should you contact a lawyer?
It is the opinion of this law office that as soon as you are given a corrective action plan or asked to review a corrective action plan, you should consider seeking help form a lawyer to help manage or advise you on the rights you have.
Like that referenced above, every Minnesota corrective action plan is different and depends on your job and the size of your employer.
Can a corrective action plan impact your unemployment benefits?
Yes, a corrective action plan in Minnesota can impact your unemployment benefits. For this very reason, never submit your corrective action plan to any person, party, or government agency without first having it reviewed by a lawyer.
With exceptions and assuming the worker is still employed, a worker placed on a plan is likely ineligible for unemployment benefits in Minnesota. This is true because a worker placed on a corrective action plan normally continues working. In Minnesota, a worker who quits their job after being placed on a corrective action plan must meet one of ten exceptions before becoming eligible for unemployment. More significantly, whether or not the worker placed on a corrective action plan is terminated will have bigger impact on the issue regarding unemployment benefits.
Again, deciding to submit it along with your application for unemployment benefits or a separate government agency inquiring about your corrective action plan (like the Department of Human Services, Department of Labor, etc.) can have a significant impact on your rights going forward.
What should you do going forward?
You really have three choices: (1) do nothing, (2) drive yourself crazy, and or (3) call a professional who works with Minnesota corrective action plans on a regular basis.
Therefore, if decide you want to seek help from a professional, please consider contacting this law office for help.
