MINNESOTA EMPLOYMENT LAW
Employment Law (referred to also as Labor Law) in Minnesota is an area of law that regulates the interactions between an employer and employee. Wages and hours, termination and hiring practices, disability law, wrongful termination, health and safety and sexual harassment are only a few examples of the variety of issues covered. The Minnesota Department of Labor and Industry handles any complaints an employee might bring against an employer under employment law.
Employment matters like discrimination, wrongful termination and harassment must be managed with the assistance of a Minnesota employment attorney because they often necessitate the collection of vast amounts of evidence and can be quite complicated. The assistance of an employment lawyer is also generally advised if you have any concerns or questions about your case.
Why Hire A Minnesota Employment Attorney?
There is an inherently complicated interaction between Minnesota wrongful termination and employment law cases. This association must be closely examined and argued convincingly to ensure the success of your case. A Minnesota employment lawyer will help you submit a claim for unpaid wages to the Minnesota Department of Labor and Industry, assert your claim for wrongful termination, file a discrimination case against your prior employer, and ensure that you have a valid claim so you do not waste valuable money and time.
Hiring a Minnesota employment attorney is also valuable in wrongful termination claims that are complex and challenging, especially for a former employee, as cases require the employee to deal with his or her prior employer. A Minnesota employment attorney can aid you in communicating with your former employer and guide you in making important decisions pertaining to your wrongful termination case and explaining your rights and benefits under Minnesota employment law.
Wrongful Termination In Minnesota
In Minnesota, employment is “at-will,” meaning that a worker can quit his job whenever he chooses, and likewise, his boss can fire him at any time, with or without a reason, so long as the reason for termination is not against the law. If a worker has an employment contract, he can only be terminated for the reasons listed in the contract.
Claims in Minnesota for “wrongful termination” can be filed if an employer’s firing of a worker is based on an illegality. The following are reasons against Minnesota law for an employer to fire a worker, if you have questions about them contact a Minnesota employment lawyer:
Firing someone based on discriminatory factors is wrongful termination under Minnesota and federal law. If someone is fired because of, for example, his age (over 40) or his disability, but is otherwise qualified for the position, this is discriminatory and is illegal. If pregnancy is seen as a disability by an employer, the pregnancy cannot be the reason for the termination. Moreover, race, sex, origin and national origin are other discriminatory reasons to fire someone. Speak with a Minnesota wrongful termination attorney about your case to make sure you get a positive outcome in your case.
Employee Wage/Hour Concerns In Minnesota
The federal minimum wage in Minnesota is $7.25 an hour and applies to most Minnesota workers. Minnesota has a biweekly pay schedule. If your employer does not pay you according to a pay schedule or at all, you should file a Wage Complaint with the Minnesota Department of Labor and Industry. If you are unsure how to go about filing a wage complaint, you should seek advice from a Minnesota employment lawyer.
According to the federal Fair Labor Standards Act, a worker works overtime any time he works over 40 hours per week, and is thus entitled to 1.5 times his normal wage for all hours worked over 40. The Fair Labor Standards Act is enforced by the United States Department of Labor, Wage and Hour Division. The Minnesota Fair Labor Standards Act requires that employees be paid overtime for any hours worked in excess of 48 a week. Questions about employee wages should be directed at a Minnesota employment attorney.
If your employer fails to pay you for your overtime work, you should contact an employment attorney about filing a wage complaint for unpaid overtime with the Minnesota Department of Labor and Industry.
Minnesota Employment Benefits
Minnesota workers may receive paid vacation days, health insurance, life insurance and sick leave, but Minnesota law does not require that employers provide these benefits to their employees. Minnesota law does require, however, that employees be given a rest break or a meal break if they are going to work four continuous hours. There is also no Minnesota state law that mandates short-term disability leave. Although maternity leave is not required under Minnesota disability law, 12 weeks of unpaid maternity leave are mandated under the federal Family and Medical Leave Act (FMLA).
Minnesota disability law deals with matters involving employees who are injured in accidents related to work, on-the-job, and/or who develop occupational illnesses. Compensation is provided to workers injured on-the-job. The amount of compensation depends on the extent and classification of the disability. If you have been injured at work, do not hesitate to contact a Minnesota workers’ compensation lawyer to help you file your claim for compensation
Minnesota Employment and Labor Law Statutes