Being laid-off or discharged from employment is a stressful situation. In some instances, your employer may provide you with a separation agreement in which they offer you some money in exchange for your signing of the document. This may seem like a nice gesture (and, on occasion, it is), but if you receive a separation or severance agreement, there are several reasons why you may want to discuss it with an attorney:

We’ve all heard the term. We’ve seen them featured in films, novels, and more recently through social media. But what exactly does it mean to be a “whistleblower?”

The Minnesota Payment of Wages Act (“PWA”), Minn. Stat. § 181.13 governs the payment of wages and commissions earned by employees. It also dictates that when an employer terminates an employees, all wages “earned” became immediately due and payable “upon written demand” by the employee. When an employer fails to pay these commissions, they become liable for not only the commissions earned, but for additional things such as penalties, costs, and fees (the employee’s “damages”). In order to determine whether Frank’s employer was in default, we had to look closely at a number of documents.

One of the most common questions that I receive from callers is “can I be fired for any reason?” The answer, as I often have to admit, isn’t so simple. Minnesota, like many other states, recognizes the concept of “at-will” employment and therefore most employees who are hired in this state are hired “at-will.” When people ask me to describe for them what means to be an “at-will” employee, here’s what I tell them:

One of the most misunderstood areas of employment law involves overtime pay and salaried employees. Under the Fair Labor Standards Act—one of the most significant acts of employment legislation in our nation’s history—employees who work more than forty (40) hours per week are entitled to overtime at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). The Fair Labor Standards Act was enacted in 1938 in response to “conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers…” 29 U.S.C. § 202(a). Its purpose was to “eliminate the conditions above referred…without substantially curtailing employment or earning power.” 29 U.S.C. § 202(b).