Minneapolis Wrongful Termination Law Blog

Just because an individual has quit their job voluntarily does not mean they are no longer entitled to the wages and commissions they have earned until that point. This is the law in Minnesota, regardless of whether the employee was fired, terminated or left their job voluntarily.

If the employee was involuntarily let go then their final wages and commissions are due either on separation or within 24 hours of the employee's demand for them. If the employee has quit, the time limits vary a little. Generally, the remaining remunerations should be paid on the next scheduled payday. If the regularly scheduled payday is within the next five days of the last day of work, then an employer has until that day to make it. However, all wages and commissions must be paid within 20 days of the last day. If an employer does not pay in a timely fashion, employees have the right to demand their wages.

When a Minneapolis resident gets pregnant, they may want to shout it from the rooftops and let everyone know about the exciting changes coming up ahead for them. Unfortunately, if they are afraid of losing their job because they have become pregnant, it can put a huge damper on their excitement. This is why many people may not be aware that it is illegal to discriminate against pregnant workers.

The Pregnancy Discrimination Act forbids discrimination against pregnant women in the workplace. The U.S. Supreme Court has often taken this to mean that pregnant women are entitled to the same accommodations that disabled people are. As a result, many workers have filed lawsuits against their employers and recent lawsuits against Walmart demonstrate that employers are still not taking their legal obligations seriously.

Just because a Minnesota resident has been terminated from their job does not mean they no longer have any rights. To understand what these rights are, it is important to know first what category one's employment falls under.

An at-will employee is the most common form of employment in the country. This implies that employers and employees can both terminate their relationship with one another without any reason at any time. The only restriction is that termination cannot be for an unlawful reason or that it is not contrary to any agreement made between the parties. Unlawful termination could be found to exist if firing violates public policy, if it was because the employer was a whistleblower, if the termination is in pursuance of discriminatory practices or was against the term of an implied contract.

When signing an employee contract, Minnesota residents expect to see some provisions about their pensions, retirement plans and health insurance plans. Upon seeing them, many sign on the dotted line without actually knowing what those plans are, what laws they are being provided under and what happens if an employer fails to pay these benefits.

The Employment Retirement Income Security Act is the federal law that exists to protect employees who are working for private, for profit employers. Not only does ERISA establish the minimums that should be provided by employers, but it also gives employees being covered certain rights. When there is a failure to pay these benefits, employers can even be held liable through a range of penalties and punishments authorized by ERISA. An employer is supposed to provide participants about information about the plan they are going to be enrolled in and how the plan is going to be financed. Additionally, it also places fiduciary duties on those who are supposed to manage the assets covered by the plan. Lastly, it also lays out a procedure for grievances under the plan as well as the appeals process for grievances.