Klampe Law Firm counsels clients regarding employment contracts; severance; discrimination; employee discipline and discharge; whistleblower; overtime (wages and hours); unemployment compensation and other employment issues. We represent both employers and employees in employment matters.
Frequently Asked Questions
Do I need a lawyer if I have been treated unfairly by my employer?
Our office, most days, receives several calls from people who have been treated unfairly in their employment, fired for reasons they see as unfair, or with other employment concerns. We try to talk to each caller to see if hiring a lawyer would be necessary. We cannot offer legal advice without being retained. We have put together a summary so you can decide if it is worthwhile for you to schedule a paid consultation with one of our attorneys to discuss your employment law concerns in more detail.
- Contract Review and Non-Competition
We commonly assist health professionals and others to review contract and benefit terms before accepting employment. We are experienced advising employees about confidentiality and non-competition agreements arising in the employment setting.
Most employees in Minnesota are “at-will.” Unless you have negotiated an employment contract or are a member of a union, you are likely an “at-will” employee. This means that you have few protections and can be fired or demoted for “any reason or no reason at all.” For at-will employees there is usually no way to challenge unfair discipline or discharge, unless it was motivated by discrimination based on one of the categories protected by state or federal law. These include age, race, gender, religion, marital status, sexual orientation, disability and several other categories. For private sector at-will employees, the law in Minnesota does not protect against general unfair treatment or harassment not based on protected categories. Public sector employees have additional rights.
Another exception to “at-will” employment is the Whistleblower Act. In general terms, it prohibits retaliation or discharge when an employee refuses the employer’s request to do something illegal, or faces employer reprisals for having reported the employer’s illegal behavior.
If you have been fired in Minnesota, there are two things you may wish to do promptly. First, if you ask in writing within fifteen (15) days of termination, the employer must provide you a written explanation of the truthful reasons for your termination. Second, you may wish to request, in writing, a copy of your personnel file. We recommend you keep a dated copy of the written request when you send or deliver it. When you receive your personnel file, keep it intact – do not mark it up or pull pages. Use a copy instead.
If you feel you are a victim of employment discrimination (age, race, gender, marital status, disability and other protected categories) you may want to contact the Minnesota Department of Human Rights in St. Paul, Minnesota. The telephone number is (800) 657-3704. The State will explain the process of filing a discrimination claim, without charge. Our law firm generally does not consider accepting an employment discrimination case on a contingency fee basis until the employee files a charge with the State, and “probable cause” is found. We are available to be hired on an hourly basis to work with you to strategize, assist in filing the charge, or respond to the employer’s submissions to the State.
If you believe you have been terminated or fired for reasons other than misconduct, you may be eligible for unemployment benefits through the Department of Employment & Economic Development (DEED). You should apply for unemployment benefits as soon as possible after separation from your employer. Application may be made by telephone (877) 898-9090 or online at www.uimn.org using the Applicant Self-Service System. To be eligible for benefits you must be physically and mentally able to work, be available for suitable employment, and actively seeking suitable employment during the period of unemployment. You should submit an application for benefits even if you are unsure if you are eligible. DEED will notify you of your eligibility. You should not need a lawyer to apply for unemployment benefits. We regularly represent individuals in the appeal hearings for denials of unemployment benefits.
- Other employment concerns
Other areas of the law, or protections you might have, cannot be readily summarized and depend on your unique situation. You might want to schedule an in-person meeting with Klampe Law Firm to discuss your concerns. Some of these other areas of the law include reviewing or helping to negotiate employment contracts and severance agreements, non-compete and confidentiality/trade secret agreements, unemployment compensation hearings and appeals, drug and alcohol testing, wages and overtime pay, family leave and maternity leave, veterans preference issues in public employment, workforce reduction, and similar concerns.