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Minnesota employment litigation: Applicants and criminal history

On behalf of Lee Watson Attorney at Law posted in Employment Litigation on Tuesday, May 21, 2013.

The Minnesota Senate has recently voted for legislation to prohibit employers from asking about an applicant's criminal history until and unless they are called in for an interview or the applicant is selected for employment. At that point, employers are allowed to ask about criminal history and may consider it as a disqualifier for employment, but only under certain circumstances. If employers aren't careful, this so called "ban-the-box" legislation could end up as employment litigation.

If an applicant is brought in for an interview, the prospective employer may then ask about criminal history or run a criminal background check. However, the Equal Employment Opportunity Commission cautions employers that if there is a criminal history, it must be related to the position in order to truly be a reason not to hire someone. For instance, it would be appropriate to deny employment to an interviewee based on a criminal history of theft if the position that person is applying for is as a cashier.

Minnesota employment litigation: Workers are allowed to complain

On behalf of Lee Watson Attorney at Law posted in Employment Litigation on Monday, May 13, 2013.

A recent case in Minnesota was centered on the question of whether an employee could complain about his or her employer to other workers. The recent employment litigation case was filed by a worker that alleged he had been fired for "spreading rumors" about company practices. The court agreed with the employee.

The employee worked for an area auto parts distributor. While on the job one day, the employee suffered a back injury as he was getting down a part off of a shelf. The injury entitled him to workers' compensation, and he took it. The employee in question was a black African and spoke with an accent. He alleged that his coworkers made fun of his accent a lot and harassed him about speaking English.

Starting a business in Minnesota can be slow, but worth the wait

On behalf of Lee Watson Attorney at Law posted in Business Formation & Planning on Monday, May 6, 2013.

There's a new social media site trying to get off the ground in Minnesota. It's called "Thrill On" and has been up and running since July of last year. The principals of the company understand that starting a business in Minnesota can take time just as it can anywhere else. Luckily, the company already has some prospects for the future.

Thrill On is a social media site that is geared toward people who enjoy outdoor activities. Once a user creates a profile, they can pick areas of interest. Users are able to search the content of other users and share their own. They are also able to organize their content much like Pinterest. There is also the option to upload videos and pictures.

Minnesota contract disputes: Crystal Sugar reaches agreement

On behalf of Lee Watson Attorney at Law posted in Contract Disputes on Monday, April 29, 2013.

Some in Minnesota may have been following the labor dispute at Crystal Sugar and may know that an agreement has finally been reached between the union and the company. There have been many labor contract disputes in our state, but this has been the longest one so far. The dispute led to a lockout that began in Aug. 2011.

The dispute went on for so long that the company was forced to hire hundreds of people in order to keep the business going. In addition, many of the union workers have moved on to other jobs. The company has decided to hire many of the replacement workers permanently to fill at least some of the positions left by union workers. With a mix of union and non-union workers, there is concern that it may take a long time for everyone to get along.

Business plan essentials when starting a business in Minnesota

On behalf of Lee Watson Attorney at Law posted in Business Formation & Planning on Friday, April 26, 2013.

Every business needs a plan in order to succeed. As such, there are certain essentials that every business plan needs to contain when starting a business in Minnesota. In general, those elements are brevity, thoroughness and distinctiveness.

A business plan should be an outline of the key elements and goals of a business. A business plan should be more of a road map than a novel. As the business grows, the details may be filled in by reality. Including too much detail in a business plan can encourage unrealistic expectations that the founders of the company never intended.

Minnesota contract disputes: Orchestra reaches shaky agreement

On behalf of Lee Watson Attorney at Law posted in Contract Disputes on Thursday, April 18, 2013.

There may be good news on the horizon for orchestra fans. Back on April 5, we told you about the progress, or lack of progress, in the negotiations between the St. Paul Chamber Orchestra (SPCO) and its musicians ("Minnesota Contract Disputes: April Concerts Off for Orchestra"). Since that time, the SPCO and the musicians union have reached a tentative agreement to end their months' long contract disputes. A "play-and-talk" agreement has been reached that will allow the orchestra to resume concerts while the final details of the contract are settled.

There is no word on when concerts will resume, but concerts are still canceled through the end of April. Previously, a deadline had been set to discuss whether to cancel the remainder of the orchestra's season and as that deadline drew near, the negotiations picked up speed. St. Paul's mayor acted as a go between for the two sides and believed they had come up with an agreement. However, the musicians were not yet satisfied and turned the agreement down.

Minnesota based 3M settles business litigation

On behalf of Lee Watson Attorney at Law posted in Business Litigation on Friday, April 12, 2013.

Minnesota Mining and Manufacturing Company, now known as 3M, was founded in 1902 and has been seen as a pioneer in its industry ever since. For this reason, it may have surprised some in the industry when Avery Dennison filed business litigation against 3M alleging antitrust violations and patent infringement. That litigation has since been resolved.

The controversy centered around 3M's retroreflective sheeting products. This product is used for "traffic control products" such as pavement markings and traffic signs. 3M has been producing the retroreflective sheeting products for about 60 years. During that time, the company has diligently worked to improve its product in order to help make the roads safer.

Minnesota contract disputes: April concerts off for Orchestra

On behalf of Lee Watson Attorney at Law posted in Contract Disputes on Friday, April 5, 2013.

Since October of last year, musicians with the Minnesota Orchestra have been locked out due to a contract dispute. Since there is not yet a resolution to the dispute, the Minnesota Orchestra has cancelled performances through April 27. As in other contract disputes, both sides are blaming the other for the cancellations.

The musicians have publicly contended that the Orchestra management is engineering delays in order to cancel the entire season. The CEO of the Minnesota Orchestra argues that the fact that only April's performances were cancelled shows that management wants to get the dispute resolved. He goes on to say that it has been nearly a year since negotiations started; and the musicians and their union have not submitted a counter offer to management.

Non-competition agreement could have dire future consequences

On behalf of Lee Watson Attorney at Law posted in Contract Disputes on Thursday, March 28, 2013.

There are an endless variety of ways that workers may incur their employer's disfavor. That's a way of life that will continue as long as human nature remains richly diverse and people continue to assert a love of independence. However, a prospective employee just starting a job is hard-put to complain much when asked to sign documents that may give up important future rights. One document a new employee may be asked to sign in Minnesota and other states is a non-competition agreement.

According to some employment law professionals, employees should watch what they sign, but then again they probably don't need to watch too much lest the job offer is withdrawn. On the other hand, if the prospective employee possesses advanced skills and abilities that could be in demand, and if he or she cannot afford to forego one's chosen career skills for an extended period of time, it may indeed be wiser to refuse the clause and move along. In some cases, employers may actually be willing to negotiate less harsh terms in the contract so that there may be a workable option that will suit both parties.

Apple finds itself in the midst of a business litigation case

On behalf of Lee Watson Attorney at Law posted in Business Litigation on Thursday, March 21, 2013.

Recently, Apple, Inc. has found itself in the middle of a number of lawsuits and court cases related to patents. Currently, a business litigation suit pertaining to a speaker patent has landed Apple in the news again. Minnesota technology companies may want to pay close attention to this particular suit as the patent situation can affect any business when it comes to the technology businesses rely on today.

According to news of the suit, THX Ltd. has filed the motion in court claiming Apple is utilizing their speaker technology. The suit claims Apple has the patent protected technology in the iPad, iMac and the iPhone 4. The patent is for 'Narrow Profile Speaker' technology THX claims to own.

Minneapolis Business & Commercial Law Blog