John A. Klassen, PA Minnesota Employment Law Attorney
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Minneapolis Wrongful Termination Law Blog

What are my employee rights regarding overtime in Minnesota?

Many Minnesota workers are deprived of their employee rights for all the wages they have earned under the law because they are unaware of what the law specifically says or they are worried about facing negative consequences if they request what they are owed. Every worker who is eligible for certain payments as part of their wages should receive them. That includes unpaid overtime.

When determining whether there should be an overtime claim, it is imperative to understand exactly what the state law says about overtime. Once the worker realizes there has been a violation, calling a lawyer who is experienced in employment law is the next step. In Minnesota, the Fair Labor Standards Act requires employers to pay workers overtime wages if they have worked more than 48 hours in a seven-day workweek.

Worker suffers employment loss due to pregnancy

A baby is a huge addition to any family, regardless of whether the parents have other children or if they have been waiting to grow their brood in size. When Minnesota residents find out that they are expecting, they may worry that their conditions will impact how they are treated at work. Pregnancy should not affect how a woman is treated with regard to her employment, but an American woman recently suffered a massive employment set-back when she revealed to her employer that she was expecting.

The woman worked for a restaurant company on the East Coast and planned to transfer to the company's restaurant on the West Coast. During the process of finalizing the transfer, the woman found out she was expecting. She informed her employer and that is when the problems began.

What is a wrongful termination?

Losing one's job can be a difficult event in the life of a Minnesota resident. It may impose financial and emotional difficulties upon a person who needed their job to provide for their loved ones. While there are many legitimate reasons that individuals may be let go from their employment positions, it is important that readers understand that not all terminations are justified.

A wrongful termination is one that violates the law. When an employer decides that it will not retain an employee because the employer thinks that the employee is too old, for their job then the employee's termination may be wrongful because employers may not discriminate against their workers based on this particular classification. Race, religion and several other classifications protect workers from discrimination by their employers.

When should I file a wage claim after leaving a job in Minnesota?

Minnesotans who have left a job in any way - whether they were dismissed or left of their own accord - should know when they are being deprived of their rights to receive wages and employee benefits to which they are entitled. Regardless of the circumstances of the departure, workers have the right to get what they are owed. If an employer fails to provide those wages and benefits, the former worker can consider a wage claim. Understanding employee rights under state law is a key part of a case.

If an employee was fired, terminated or discharged from a job, he or she has the right to get the wages or commissions once they have made a demand for payment. This payment must be provided within 24 hours. If the employee left the job voluntarily, he or she is due the wages and commissions on the next payday. When the payday occurs within five days of the final day the former employee worked, there will be 20 days for the employer to pay the former employee.

Older workers should know their employment rights

If an employer is required to follow the tenants of federal or Minnesota state age discrimination law, then it may not discriminate against individuals who are at or above the age of 40. Discrimination based on age can happen at any point in the employment process, from the review of new hire applications to the termination of current employees. When it does occur, workers may be wrongfully harassed, discriminated against or terminated based on their inclusion in the class of older individuals.

Older workers have rights, though, and should understand them to prevent harassment and discrimination from impacting their rights to work. For example, older workers cannot be forced to retire when they reach a certain age. Also, older workers cannot be singled out for firing when a company decides to reduce the size of its workforce.

Your gender should not influence your job prospects

There are laws in the United States to protect people against unfair discrimination. One protection offers safety from discrimination based on gender. Whether you're female, male or any other genetic combination, you cannot be discriminated against due to your gender, sexual preferences or gender preferences.

In the past, some people believed that certain genders were more suited to some jobs than others. For instance, the police officers and firefighters were male. Over time, females have been allowed to join these occupations, as excluding them is now a violation of federal law.

What kinds of rights to workers have?

When a Minnesota resident goes to work, it can feel as though they are entering their employer's world. The processes that they must follow and the goals they may be expected to achieve may all be derived from the plans of their supervisors and superiors. It may not feel as though employees have much autonomy; however, American workers are protected by many laws that they may seek to enforce when their rights as employees are violated.

This employment discrimination blog offers its readers a multitude of posts regarding different ways that state and federal laws protect workers from discrimination, harassment and workplace retaliation. Workers have the right to do their jobs and be free of discrimination and harassment based on their inclusion in protected classes, and they may also be protected from adverse employment actions if they speak up regarding the wrongdoing of their employers.

Workplace discrimination alleged at Minnesota Amazon warehouse

Most workplaces in Minnesota are a study in diversity. With the people from different backgrounds, religions and national origins, it is important that employers understand how to ensure these workers' employee rights are upheld. Unfortunately, many workplaces do not follow the law and commit workplace discrimination. For employees who are confronted with these issues, it is imperative to understand that they can take steps to ensure they are treated fairly under the law. If they are not, they can file a lawsuit for compensation.

Three workers at an Amazon warehouse assert they faced religious discrimination because they are Muslim. According to them, the employer failed to provide them with a suitable place for them to pray and employees are fearful of taking the necessary time to do so because they would not meet their quota if they did. Penalties for not meeting that quota of packing items included being written up. A certain number of write-ups will result in the employee being terminated. The women are Somali and they say that the company did not offer promotions to those who are of East African descent.

Employer has a duty to accommodate disabled worker

Ask any disabled person, and they will likely tell you that they would rather be able-bodied and not have anything slow them down. Unfortunately, there are some things in life we don't get a say in, and suffering from a disability is usually one of those things. However, a person still has to make a living wage and support him or herself, disability or not. With employment law, an employer has a duty to accommodate a disabled employee.

So what does this look like? It really depends on the situation, but the courts have deemed 'reasonable accommodation' to be anything that doesn't cause undue hardship to a business. Obviously, these terms can feel somewhat vague, but there are ways to apply them to a situation. If it doesn't cost a business unreasonable time, money or effort, often a reasonable accommodation can be made for a disabled employee.

Coping with discrimination should not be a job requirement

Not everyone that a Minnesota resident works with will be their favorite person. Sometimes individuals may dislike their co-workers' personalities, idiosyncrasies or even their beliefs. However, even when individuals are different in their approaches to life, it is possible for them to find a respectful balance that allows them to co-exist in their jobs.

Working well with different people can be tough, though, when co-workers, contractors or supervisors are downright inappropriate. While it may seem like there is a fine line between rude conduct and discriminatory practices, too many Minneapolis residents cope with illegal harassment in their places of employment. Harassment and discrimination can be based on a number of different personal characteristics, including but not limited to age, race, gender, religion and disability.

Defending the Civil Rights of Vulnerable People

When employers discriminate or allow harassment and retaliation to take place or continue, we are dedicated to holding them accountable for their unlawful actions.

John A. Klassen, PA
Attorneys at Law
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