FAQ

The statute of limitations in Minnesota varies by the type of civil claim. For example, personal injury and breach of contract claims generally have a statute of limitations of six years. It is important to consult with an attorney to determine the specific limitation period for your case. Once the statute of limitations passes, you generally lose the opportunity to bring a successful lawsuit.

To determine if you have a strong case for a business dispute, you should assess the facts, evidence, and legal basis for your claim. Consulting with an experienced civil litigation attorney can help you evaluate the strength of your case, considering factors such as the clarity of the contract, documentation, witness testimony, and potential damages.

Filing a civil lawsuit in Minnesota involves drafting and filing a “Complaint” with the appropriate court, which outlines the basis for the lawsuit and the relief sought. The plaintiff must have the “Complaint” and a “Summons” personally served on the defendant by a 3rd party. The defendant generally has 21 days to respond or the Plaintiff can seek a default judgment. If the defendant responds, the case may proceed through discovery, court hearings, settlement negotiations, and potentially a trial.

Compensation in a business dispute lawsuit can include actual damages (e.g., lost profits), consequential damages, punitive damages (in cases of willful misconduct), and sometimes specific performance (requiring the defendant to fulfill their obligations under a contract).

A civil case in Minnesota can be settled out of court through negotiation, mediation, or arbitration. Settlement agreements are often reached through discussions between the parties involved, with the help of attorneys or a mediator, to avoid the time and expense of going to trial.

To file for divorce in Minneapolis, you or your spouse must have lived in Minnesota for at least 180 days before filing. The process begins by filing a “Petition for Dissolution of Marriage” with the court. The responding party is then served with the divorce papers, and they have 30 days to respond If the responding party does not respond, the petitioning party may seek a default divorce. If both parties agree on the terms of the divorce, it may proceed as an uncontested divorce with a joint filing. Otherwise, the divorce will be contested, involving court hearings and possibly a trial.

The timeline for a divorce in Minneapolis can vary widely depending on whether it is contested or uncontested. An uncontested divorce may be finalized in a few months, while a contested divorce can take a year or longer due to the complexities involved in resolving disputes over issues like custody, property division, and support.

To revise a child custody order in Minnesota, you must file a motion to modify the custody order with the court. The court will consider the motion if there has been a significant change in circumstances that makes the current arrangement unworkable or not in the best interests of the child. The court will review the evidence and may hold a hearing before deciding.

“Equitable” distribution in Minnesota means that marital assets are divided fairly but not necessarily equally. The court considers several factors, such as the length of the marriage, each spouse’s financial circumstances, contributions to the marriage, and future needs when dividing assets.

Eligibility for spousal support (alimony) in Minnesota depends on several factors. These factors include the financial resources of the requesting spouse, the standard of living established during the marriage, the duration of the marriage, and each spouse’s contribution to the marriage, among others. The court evaluates these factors to determine if spousal support is necessary and fair.

Employment law regulates the relationship between employers and employees. Federal and Minnesota law protects employees in several ways, including:

• Overtime pay. The federal Fair Labor Standards Act and the Minnesota Fair Labor Standards Act (MFLSA) requires employers to pay employees a higher wage for time worked beyond a certain number of hours. Minnesota law requires an employer to pay employees at an overtime rate of one and one-half times the employee’s regular rate of pay for every hour worked in excess of forty-eight (48) hours in one workweek.
• Wages owed after being fired. Minnesota law requires that employers pay employees all earned and unpaid wages after they are discharged.
• Statement of earnings. Minnesota law requires that employers provide employees with a written or electronic statement of their wages during each pay period, including the employees name, all deductions made, rate of pay, and total net earnings.
• Deducting wages. Minnesota law prohibits employers from deducting certain costs like uniforms, tools, or broken equipment from their employee’s wages.
• When wages are paid. Minnesota law requires employers to pay all wages, including salary, earnings, and gratuities earned by an employee at least once every 31 days and all commissions earned by an employee at least once every three months, on a regular payday designated in advance by the employer.
• Underpayment of wages. Minnesota law prohibits employers from fraudulently claiming that they have paid an employee more wages than they actually have.
• Drug testing in the workplace. Minnesota law allows employers to require job applicants and employees to take drug tests. However, an employer can’t fire, discipline, or discriminate against an employee on the basis of a positive test result that has not been verified by another test. Further, employees have the right to receive a copy of their test results.

These laws don’t necessarily apply to all employees in all situations, so it is best to consult with an attorney to learn more about your rights under the law.

Employment contracts typically detail the employer and prospective employee’s expectations regarding the job position, responsibilities, employment benefits, and compensation. They’re essentially a legally binding agreement between both parties as they set the rights and ground rules of the relationship. The contract can also allow for certainty regarding the terms of the separation of the employment relationship if it needs to be terminated.

Some laws, like those requiring overtime pay, do not apply to independent contractors or certain salaried employees like managers. However, just because an employer says that you are an independent contractor or manager doesn’t make it true under the law. Employers sometimes misclassify employees as independent contractors or managers to avoid complying with overtime and other employment laws. You should consult with an attorney if you think you may have been misclassified by your employer.

Minnesota is essentially an “at-will” employment state, which means an employer can fire their employee for any legal reason. The contract you signed may also have some clauses and terms that explain policies of termination and the length of time you could be employed. Even if you feel that you were wrongfully terminated, the employer hasn’t broken a law if you weren’t fired illegally. However, there may be a chance that you were wrongfully terminated if the employer failed to comply with the signed contractual agreement.

Minnesota and federal law prohibit employers from discriminating against job applicants due their membership in a protected class (race, religion, gender, nationality, sexual orientation, disability, age, etc.). If you think you may have been denied a job because of your membership in a protected class, you should consult with an attorney to learn more about your rights under the law.

The Minnesota Human Rights Act (MHRA) protects employees from sexual harassment in the workplace. The MHRA defines sexual harassment as unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when either (1) an employer suggests that tolerating the sexual harassment is required to get or keep a job; (2) rejecting harassing behavior causes an employee to lose their job or be disciplined at work; or (3) the sexual harassment substantially interferes with the employee’s employment. If you have experienced sexual harassment in the workplace, you should consult with an attorney to learn more about your rights.

The Minnesota Human Rights Act (MHRA) makes it illegal for employers to discriminate against employees because of their race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age. An employee can bring what is called a “disparate treatment” claim against an employer for violating the MHRA. To successfully bring a disparate treatment claim, an employee usually must show that: (1) she belongs to a protected class; (2) she is qualified for the position; (3) she suffered an adverse employment action; and (4) circumstances exist that give rise to an inference of discrimination. You should consult with an attorney to see if what you have experienced might allow you to bring a disparate treatment claim.

A federal law called the Age Discrimination in Employment Act (ADEA) prohibits employers from disadvantaging employees because of their age. The Minnesota Human Rights Act (MHRA) law also prohibits treating employees less favorably because of their age.

In general, it is a good idea to report any discrimination you have experienced in the workplace. Employees have several options when it comes to reporting discrimination, including:

• Reporting your employer to the Minnesota Department of Human Rights
• Reporting your employer to the Equal Opportunity Employment Commission
• Making a complaint directly to your employer

If you are unsure of how to report workplace discrimination, you should consult with an attorney. An attorney will help you understand your rights and explain important deadlines for filing reports and bringing lawsuits.

No. Several Minnesota laws prohibit employers from retaliating against employees for reporting discrimination, harassment, illegal conduct, seeking workers compensation benefits, and other protected activities, including the Minnesota Human Rights Act, the Minnesota Whistleblower Act, and the Minnesota Workers’ Compensation Act. If your employer punished or fired you for engaging in activities protect by law, you should consult with an attorney to see if you can bring a claim for retaliation.

A lawsuit based on workplace harassment is often called a “hostile work environment” claim. In Minnesota, the law allows employees to bring a hostile work environment claim based on discrimination against the employee because of his/her membership in a protected class like race, religion, national origin, sex, marital status, disability, sexual orientation, age etc. Generally speaking, minor annoyances or isolated incidents do not give rise to a hostile work environment claim. To succeed in a hostile work environment claim, an employee must show that (1) they are member of a protected group; (2) they were subject to unwelcome harassment; (3) the harassment was based on membership in a protected group; (4) the harassment affected a term, condition or privilege of her employment; and (5) the employer knew of or should have known of the harassment and failed to take appropriate action. You should consult with an attorney to see if what you have experienced might allow you to bring a hostile work environment claim.

Minnesota law defines sexual harassment as unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. In Minnesota, employees are allowed to bring hostile work environment claim based on sexual harassment and harassment based on the basis of sex, including verbal and physical harassment.

Minnesota is an “at will” employment state. This means that in, most cases, an employer can fire an employee for any reason. Wrongful termination occurs when an employer fires an employee in violation of either an employment contract or the law. Here are just a few examples of illegal reasons to fire an employee:

• Because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age.
• Because of a positive drug or alcohol test from an initial screening test that has not been verified by a second test.
• In retaliation against an employee for seeking workers’ compensation benefits.

Yes. If an employer fires an employee in violation of an employment contract or the law, the employee may be able to bring a wrongful termination claim.

First, you need to find out whether you were fired for an unlawful reason. Second, make sure to save any emails and documents related to your employment or termination. It is also a good idea to take detailed notes about your situation, including dates, names, and statements made by your employer. Third, if you think you were fired in violation of the law or an employment contract, you should contact an attorney as soon as possible. The sooner you take action, the better chance you will have to bring a successful claim.

It depends. For some claims, like terminating an employee in retaliation for seeking workers’ compensation benefits, the employee needs to bring his/her claim within six years from the date that he/she was fired. Other claims, like those based on violations an employment contract, must be brought within two years. If you are not sure what type of claim you have, you should consult with an attorney to find out how much time you have left to file your claim.