Minnesota Attorney Blog

Pregnancy Discrimination Act

Aaron Hall — Sun, 31 Jan 2010 16:41:41 -0600

Pregnancy Discrimination

Pregnancy itself can be an exciting, stressful, overwhelming experience. It also creates added stress for working women who have to decide how to tell their employer they are expecting and coordinate maternity leave. What happens when your employer is less than accommodating to your exciting news?

Federal law provides that an employer cannot discriminate against employees because they are pregnant. The law treats pregnancy as a medical condition: it must be treated the same way as other medical conditions with similar employment effects. Your employer must treat a pregnant woman the same way it treats anyone else who has a medical condition that may require missing work. The key requirement is consistency.

Can my employer require me to stop working because I am pregnant?

Generally no. Even if your employment conditions could be deemed dangerous to the fetus, your employer cannot force you to quit. It once again becomes a matter of consistency - your employer cannot treat you differently than it would anyone else just because you are expecting.

Can my employer require a certain amount of notice of my pregnancy?

If you will be taking leave, you have to follow the notice requirements set by your employer. Generally those requirements should be the same for anyone taking a family or medical leave. The notice requirements cannot differ based on the reason for the leave. For example, your employer cannot require 90 days notice of a pregnancy leave and only 30 days notice to care for an ailing parent.

How do I prove a pregnancy discrimination claim?

Pregnancy discrimination claims are generally proven through circumstantial evidence, just as any other discrimination claim is proven. The facts of pregnancy discrimination cases are often very similar: an employee receives glowing reviews until she announces she is expecting. Suddenly her performance is heavily criticized and she is told that if she does not improve she will be fired. Make sure you ask a lot of questions about the alleged problems with your performance and document everything. If you think something is fishy, it is important to keep track of your concerns and how your employer addressed them. That circumstantial evidence will be important if you decide to pursue a claim.

What do I do if I was the victim of pregnancy discrimination?

There are procedures you must follow to preserve your claim. There are also strict timelines for such claims. The attorneys at Twin Cities Law Firm may be retained to investigate whether you have a discrimination claim.

Minnesota Overtime Lawyers: Fair Labor Standards Act

Aaron Hall — Sat, 30 Jan 2010 16:33:50 -0600

Most people are familiar with basic overtime laws - if you work more than 40 hours in one work week, you are entitled to pay of time-and-a-half for all hours exceeding 40. People who work in management, professional, and other fields may be exempt from over time requirements. Some employers will try to classify employees as exempt from overtime pay who are entitled to it, however. Employers may also argue that time preparing for work should not be included in overtime calculations. There are many situations where employees may be entitled to seek overtime pay:

• Employee is incorrectly categorized as exempt from overtime pay. One example from the legal field is paralegals. Many law firms argued that they have the type of specialized training and duties that make them exempt from overtime pay. The Department of Labor has issued opinions that paralegals and legal assistants are not exempt from overtime pay, however. Incorrect classification is a common occurrence in other industries as well, such as mortgage and banking.

• Employee did not have permission to work overtime. Generally your employer cannot refuse to pay you overtime just because you did not have advance permission to complete the work.

• Employee is salaried. Just because you are paid a salary rather than on an hourly basis, that does not mean you are exempt from overtime. It depends on the details of your work based on specific guidelines set by statute.

• Employee is misclassified as an independent contractor. A true independent contractor is probably not entitled to overtime pay. Sometimes employers will call employees independent contractors to avoid overtime and other expenses, but the relationship is really one of employer/employee.

• Employee is reclassified as non-exempt. If your employer changes your classification from exempt to non-exempt, you may be entitled to recover up to two years of overtime pay if you were misclassified as exempt.

• Employee falls below the minimum salary. If you earn less than $455 per week, you are automatically entitled to overtime protection.

• Employee is required to work off the clock. Often employees have to set up before beginning work or clean up after work. You are generally entitled to credit for that time as working time.

An attorney can help you evaluate whether you have a claim for overtime wages. Keep in mind that there are strict time limits for filing a claim for overtime wages. You may hire the attorneys at Twin Cities Law Firm today to investigate whether you have a claim.

Employment Contracts

Aaron Hall — Fri, 29 Jan 2010 16:23:23 -0600

There are many different types of contracts that arise in employment relationships. Sometimes when you start a new job, your employer may ask you to sign an employment contract. Usually the contract will set forth your compensation, benefits, and duties. It may also include confidentiality or non-compete provisions. Confidentiality provisions are usually designed to protect what are called trade secrets. They may also provide that anything you design or develop while working for your employer belongs to that employer. A non-compete provision is a little different. It prevents you from competing with your employer after you leave it. In order to be valid, the provision must be limited in time, scope, and geographic area.

Separation Agreements

Employment relationships end for a number of reasons. Sometimes everyone parts on good terms; other times, the relationship looks more like a nasty divorce. Often when an employee is terminated or laid off, he or she will be asked to sign a separation agreement in exchange for severance pay. Separation agreements usually require the employee to waive any potential claims he or she may have against the employer in exchange for severance pay. Often they will also include confidentiality or non-compete provisions. There may also be provisions such as “non-disparagement” clauses that are designed to prevent you from bad-mouthing a prior employer. Ultimately the agreements usually require an employee to give up some right in exchange for severance pay.

Why hire an attorney?

If you are faced with the loss of your job or are just starting a new job, you may wonder if it is worth it to hire an attorney to review an employment contract. The answer is yes! If you are beginning a new job, it is important to have an attorney review your employment contract to determine if it will adequately protect your options if you choose to leave the employer in the future. You do not want to be in a position where you sign a contract, are unhappy, find the perfect fit in a new job, but can’t start working there for six months because you agreed to a non-compete provision. Similarly, if you are signing a severance or separation agreement, it is a good idea to have an attorney review it first. The attorney can help you evaluate whether you have other potential claims against your employer that may make signing a separation agreement unwise. The attorneys at Twin Cities Law Firm would be happy to evaluate your employment contract. Contact us today to find out your options.

Whistleblower Statutes

Whistle-blower statutes, also known as anti-retaliation statutes, provide protection for people who report wrongdoing or file lawful claims. There are several different kinds of statutes. One well-known example is that of worker’s compensation. An employee cannot be terminated for filing a legitimate worker’s compensation claim. Similarly an employee cannot have her employment terminated for reporting illegal activity to a government authority. The purpose of such laws is to encourage people to do the right thing without fear of retaliation from employers.

Many of the whistleblower statutes also provide a remedy for employees. If they believe an employer has taken some adverse action because the employee filed a claim or reported wrongdoing, the employee may be able to take legal action to remedy the situation. If you think you have suffered some adverse employment decision or been terminated because of whistleblower activities, consider contacting a lawyer. You can retain the attorneys at Twin Cities Law Firm to investigate a potential claim for you.

Minnesota Personal Injury Law: Insight into Insurance

Aaron Hall — Thu, 28 Jan 2010 15:55:29 -0600

Many times people struggle with what to do if they are injured by the negligence of a friend or family member. It can strain a relationship to sue someone, to say the least. What most people recognize, however, is that your friend or family member’s insurance company will likely handle the case. People purchase insurance for precisely that reason: To defend and indemnify them if they are injured or sued. With a little insight into how insurers handle the process, you can better prepare for filing a claim.

Identifying the Insurer

The first step to filing a claim is determining which insurer to put on notice. If you were involved in an auto accident, you should obtain the insurance policy information for the at-fault driver. This can be an awkward situation if the driver is a friend or family member, but remember that the purpose of insurance is to take care of claims. If you are injured while visiting a home, condo, or apartment, you will need to put the homeowner’s or renter’s insurer on notice. If you are in a public or common area at a condo or apartment, you may also need to notify the property manager and its insurer. Once you have retained an attorney, he or she will send a letter of representation to the insurance company advising it of your potential claim and notifying the company to contact your attorney rather than you directly. In order to send the letter of representation, however, the attorney must know who the correct insurer is.

Setting Reserves

Insurers like to start investigating potential claims as soon as possible. Don’t be surprised if they want to interview you or even get copies of your medical records. Insurers do something called “setting reserves” for claims. This means that they estimate the value of your potential claim so they can hold funds in case they pay for the claim. It is important that you provide honest and complete details about your injury early so that the insurance company can set accurate reserves. If you undervalue your claim, it will make it very difficult later to recover a fair amount for your injuries. An experienced attorney can help position your case to maximize its value from the start.

Delay

Insurance companies make their money by holding and investing funds. Thus it is common for insurers to delay on paying liability claims, even totally legitimate claims. An experienced personal injury attorney can help speed up the process for you by working with the insurance adjustor. Contact an attorney at Twin Cities Law Firm if you have suffered an injury.

Daycare Negligence

Aaron Hall — Wed, 27 Jan 2010 15:51:18 -0600

Choosing a daycare professional can be a difficult decision. It is hard for many parents to trust a stranger to care for their children. If a parent later discovers that the daycare has abused, mistreated, or neglected their child, it can be very traumatic. Parents may feel guilt about entrusting their child to the daycare and anger over the treatment of their child. If your child has been the victim of daycare abuse or neglect, you may wish to contact a lawyer.

Daycare Negligence Claims

There are many claims that can arise out of a daycare’s treatment of your child. If your son or daughter has special dietary or medical needs, the failure to attend to those needs may be negligent. It is also important for daycare providers to make sure they provide safe facilities. If your child is injured by a dangerous condition at the daycare, you may have a claim. Sometimes daycare providers fail to appropriately screen or train employees, which can also result in claims. It is not acceptable for daycare providers to use any sort of physical discipline with children. You might have a claim for assault if your child was spanked, slapped, or in any other way abused by a daycare provider. It is also not unheard of for daycare providers to have too many children and not enough staff to provide appropriate care. If your child has been neglected and has developed problems, you may have a claim.

Contact an Attorney

If your child has been mistreated, abused, injured, or neglected by a daycare provider, consider contacting an attorney. The lawyers at Twin Cities Law Firm can help you investigate whether you have a claim and can help you pursue your claims.

Minnesota Drug Recall Lawyers

Aaron Hall — Tue, 26 Jan 2010 16:56:53 -0600

It seems like every time you turn on the news you hear about another drug or medical device that has been recalled from the market. There are hundreds of pharmaceuticals in use that have dangerous side effects that were not disclosed to doctors or patients. Here are some recent examples:

• Vioxx: Perhaps the most famous drug case in recent years is the painkiller Vioxx. Hundreds of people suffered heart attacks and other cardiac problems as a result of taking the drug. The manufacturer of the drug knew about the risks, but did not do enough to warn doctors or patients.

• Prempro/Hormone Replacement Therapy: Thousands of women take some sort of hormone replacement therapy during menopause. In 2003, a government-sponsored study was released that showed a significant increase in heart attack, cardiac problems, and breast cancer among users of HRT. Once again, the manufacturer was aware of these risks long before the study was released, but failed to warn doctors or patients.

• Raptiva: In 2009, the FDA issued a warning that Raptiva, a psorias drug, can cause progressive multifocal leukoencephalopathy (PML), a rare brain infection.

Other drugs and devices include Digitek, Levaquin, Kugel mesh hernia patch, shoulder pain pumps, duragesic pain patches, Bextra, Fosamax, and Guidant defibrilators.

Drug Recall Lawyers

There are hundreds of websites sponsored by lawyers or law firms that provide basic information about drug recalls and side effects. It is important to keep in mind that these websites are not designed to provide medical advice. Contact your doctor or medical provider with questions about your health and whether you should continue to use a medication.

With the thousands of lawyers all over the country handling these sorts of cases, how do you find the right lawyer for you? Experience and relationships count. While there are hundreds of lawyers taking Vioxx cases, very few lawyers are actually arguing the cases in court. When you have been injured, you deserve representation by an attorney who knows the case well, understands the issues, and is familiar with the court procedures to get your case filed. Often when there are thousands of similar cases all over the country, federal courts will consolidate cases in one court (Multi-District Litigation). This allows one judge to manage the process and makes sure that all cases are treated equally. Make sure your attorney is familiar with this process and can handle your case correctly.

Twin Cities Law Firm has relationships with attorneys all over the country who specialize in drug and medical device cases. We can help you find the most experienced, qualified lawyer to handle your case. Contact us today.

Drugs and Pregnancy: Pharmaceutical Risks

Aaron Hall — Fri, 22 Jan 2010 16:43:08 -0600

Prescription Drugs and Pregnancy

Most women are aware of the need to monitor drugs, alcohol, and even their diet while pregnant. Whatever they ingest could affect the development of the baby. But what about prescription drugs? Most women assume their doctor knows whether a prescription is safe to take during pregnancy and will warn her if not. Unfortunately, that is not always the case.

There are some drug manufacturers that have worked hard to conceal the dangers of taking their pharmaceuticals during pregnancy. As a result, thousands of babies have been injured. Take for example antidepressants. While SSRIs such as Prozac have been a miracle for women suffering depression, they also create risks for fetuses. Thousands of women have taken SSRIs during pregnancy without ever knowing about the potential risks. Women jeopardized the health if their children by their own ignorance of the risks. They remained ignorant because their doctors were also unaware of the risks; the only people with knowledge of the dangers were the manufacturers and they hid the truth.

Contact a Lawyer

If you suffered an injury during pregnancy due to the undisclosed risks of a prescription drug, you should consider contacting a lawyer. The attorneys at Twin Cities Law Firm, LLC can help you evaluate whether you have a claim.

Minnesota Franchise Lawyer: Tips to Buying a Franchise

Aaron Hall — Mon, 12 Oct 2009 21:21:19 -0600

In Minnesota, a franchise is a popular way of starting or growing a business. Franchises include product and service companies. Special laws have been created to protect business owners buying into a franchise.

Minnesota Franchise Laws

Many states, such as Minnesota, have strict franchise laws. Minnesota has enacted a franchise statute called the Minnesota Franchise Act. Among other things, this statute requires franchisors to register in Minnesota. This franchise registration requirement is similar to such requirements in California, Hawaii, Illinois, New York, and Rhode Island.

Watch Out for These Franchisor Tactics

Like any industry, some people are unscrupulous. Be cautious if a franchisor tries these approaches with you.

The franchisor says that he won't hold you to the franchise agreement that he wants you to sign.
The franchisor says you don't need to have an attorney analyze the franchise agreement.
The franchisor doesn't want you to talk with other franchisees.

When Should I Hire a Minnesota Franchise Lawyer?

In short, if you are planning to enter into a franchise agreement in Minnesota, you should hire a Minnesota franchise attorney.

Most importantly, a Minnesota franchise lawyer will analyze the franchise agreement, explain its provisions to you, and suggest areas to be changed before you sign the agreement.

A Minnesota attorney can help someone contemplating a franchise in a number of other ways:

A Minnesota franchise lawyer provides legal guidance and advice on whether to franchise or pursue other means of distribution and growth.
A Minnesota franchise lawyer provides legal guidance and insight on growing your franchise or distribution systems domestically and internationally, and wherever opportunity may be present.
A Minnesota franchise lawyer provides legal counsel on multi-unit ownership and co-branding of the franchise.
A Minnesota franchise lawyer provides a variety of transactional, litigation, and alternative dispute resolution services of the franchise.
A Minnesota franchise lawyer provides representation of area developers and representatives, sub-franchisors, multi-unit and single-unit franchisees, licensees, dealers, distributors, and independent franchisee associations in transactional, litigation and dispute resolution matters.

Other Minnesota Franchise Attorney Services

A Minnesota franchise attorney provides advice and representation regarding a number of franchise law matters:

Evaluating a franchise agreement
Cure periods
Indemnification
Minnesota Franchise Act
Arbitration vs. litigation
Equitable remedies
Accidental franchises
Illegal franchise agreement provisions
Franchisor's failure to register the franchise
Terminating a franchise agreement
Negotiating a franchise contract provision
Franchise ownership disputes (fights among owners)
Buying or selling a franchise

Paying for Litigation

Aaron Hall — Wed, 07 Oct 2009 14:32:49 -0600

Litigation can be an intimidating prospect. The court system can be confusing for people who are unfamiliar with it. There are several procedural rules and time limits that you must follow. Litigation can also be expensive. There are a number of different kinds of fee agreements, depending on your situation. Do not let the fear of legal costs keep you from consulting an experienced lawyer.

Here is a terminology break down that may help to better understand some of the various fee agreements:

Hourly with Retainer

Probably the most common attorney’s fee agreement involves an hourly rate. The attorney is paid a set amount per hour of work and usually tracks time in tenths of an hour. The amount billed per hour varies greatly depending on a person’s experience, expertise, and qualifications. It also may depend on the size and complexity of the case involved.

A retainer is a set amount paid in advance for legal fees. The amount is held in a trust fund. As you incur legal bills, the lawyer withdraws the amount owed from the prepaid retainer. If you fire the lawyer or settle the case and there is still money left from the retainer, the lawyer must return it to you.

Contingency

In a contingency fee arrangement, the lawyer accepts a percentage of the final recovery for his fee rather than a set hourly amount. The lawyer usually assumes the risk of losing - meaning if there is no recovery, the attorney does not get any fees. The percentage for the contingency fee may vary from 20% to 40%. Often the percentage is dependent on when the case resolves, reflecting the amount of work the attorney has to put in to resolve the case. Whether an attorney will accept a case on contingency depends significantly on the level of risk involved and likely recovery. Usually only personal injury cases are handled on a contingency fee basis.

Flexible Fee Structures

There is no question that litigation can be very expensive. That is why it is crucial to find an attorney you trust to keep your goals and budget in mind. The experienced lawyers at Twin Cities Law Firm will work with you to find a litigation strategy and budget that fit your needs. You do not have to sacrifice quality representation.

Hire a Lawyer to Draft Your Contract Now and Avoid Litigation Later

Aaron Hall — Mon, 05 Oct 2009 14:30:25 -0600

With the advent of the internet, it is easy to find hundreds of samples of legal forms like contracts online for free. Some wonder why they should spend the money hiring an attorney to draft a partnership agreement, for example, when they can just as easily fill in the blanks on a form. If you end up in litigation later, you may regret that decision.

A well drafted contract is key to the successful operation of your business and your business relationships. A contract provides the basic “rules” for operation. A Minnesota lawyer can help you craft a contract specific to your situation that takes into account how Minnesota courts interpret contracts, how Minnesota laws regulate contracts, and what standard business practices are in the community. An attorney has the experience to predict potential problem areas and draft the contract to avoid such problems.

Potential Contract Problems

One of the most common problems with contracts is the use of vague, ambiguous, or unclear language. Sometimes contracts are so laden with “legalese” that it is virtually impossible to tell what the parties actually intended. This is not an effective contract. Perhaps more importantly, it is one that will be difficult for a court to enforce. Courts will construe unclear language against the party who drafted the contract. Needless to say, that can have expensive consequences for unwary small business owners.

Another problem is the absence of important provisions. How do you terminate the contract? How do you assess damages for breach of contract? Can the contract be assigned? These are just a few considerations that may not appear in a sample form contract. A Minnesota contract attorney can discuss options with you to make sure you cover all foreseeable situations.

Litigation

Sometimes even the most carefully crafted contracts become the subject of litigation. It is important to choose an attorney with the experience and credentials to guide you through litigation as efficiently and cost effectively as possible.

Personal Injury Settlement Loans: The "It's My Money" People

Aaron Hall — Fri, 02 Oct 2009 14:37:35 -0600

Perhaps you have seen the commercials on TV with the people yelling “It’s my money and I want it NOW.” The ads are targeted towards people who are involved in personal injury lawsuits who are expecting settlements. They also apply to people who have what are called structured settlements - basically meaning that your settlement is paid out over time like an annuity.

Why Lawsuit or Judgment Settlement Loans are a Bad Idea

If you are tight for money, these loans can seem very appealing. You may be able to get some money for your claim before you have even reached a settlement. Sometimes the companies promise that if you do not reach a settlement, you will not have to repay anything. If you have a structured settlement with a long term payment plan, it can also be tempting to take money up front and trade your long term interest.

Stop! Don’t do it!

Here’s an example from a prior client: she took a dangerous medication that caused her to have a dangerous blood clot. She filed a claim against the drug manufacturer. Shortly after she filed the claim, she got a loan from one of these companies for $9,000. The loan was based on her expected settlement. Two years later we reached a settlement with the drug company for $75,000. The loan company gave us an amount our client owed on that $9,000 loan from two years earlier — $32,000!!! The amount of her debt had more than tripled because of how they calculated the interest on the loan. After repaying the debt along with attorney’s fees and expenses, our client received very little money.

What about a structured settlement? You receive pennies on the dollar for the value of your settlement. The loan company gives you a reduced value for your settlement and then it receives the full value of the annuity.

Work with a Lawyer you Trust
If you have a personal injury claim, contact a lawyer you trust. They will help you through the process and negotiate a settlement to meet your needs - or go to trial. It is important that you trust your lawyer to advise you not only about your claim, but also about any settlement or its terms. Most lawyers can help direct you towards financial planners that can help you with settlement terms. They will not encourage you to take any sort of loan on your settlement.

Uninsured Motorist Coverage in Minnesota

Aaron Hall — Thu, 01 Oct 2009 11:25:42 -0600

Minnesota Auto Insurance Law

Minnesota requires all drivers to maintain a minimum level of liability insurance in order to operate a vehicle. Most people do have at least the minimum coverage of $30,000 and many have even more coverage. What is the benefit of requiring insurance? Car accidents are an inevitable part of driving. No matter how careful you are, you may still be the victim of an accident. If everyone has insurance, your basic injury and property damage claims should be paid. But what happens if you are hit by one of the people who does not have insurance?

See what the coverage is for uninsured/underinsured motorists after the jump.

Uninsured/Underinsured Motorist Coverage

If you are involved in an accident and the other driver does not have insurance, you may be entitled to recover under your own uninsured motorist coverage. This is a provision in your insurance policy that protects you in case you are in an accident with someone who is uninsured. Underinsured motorist coverage protects you in cases of serious accidents. Even if the other driver has insurance, it may not be enough to reimburse you for the medical expenses you have incurred as a result of an accident. Underinsured coverage provides another layer of protection for you when you are seriously injured.

The amount of coverage you can receive under either uninsured or underinsured motorist coverage depends on the language in your insurance policy as well as state laws. There are also strict procedural requirements if you wish to sue the driver who caused your accident while also preserving your claim for underinsured motorist coverage. It is important to contact a lawyer to discuss your options before you pursue your claims to make sure you obtain the best possible recovery.