Minnesota Business & Construction Law Issues

 

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	Subject New Year - New Discussion Board Date Sun Jan 6 2008 15:46 Author Maury D. Beaulier
It is a new year and we would like to thank you for your use of this web site. Due to the popularity of our bulletin boards, we must occassionally clear their content in order to speed up their performance. We hope that you will continue to visit and use this bulletin board as you have in the past.

Subject Changed Date Tue Sep 8 2009 13:39 Author JT

Enter your message here.I understand that but my question is the Employer wants to change the reason from Quit to Fired was why they let my stepson go. That don't they need to do this in a timely fashion? He had so many days to request for appeal(telephone) conference and he used the paper saying he Quit, which came from company now the Company changed there mind and wants it to say Fired. Why don't they need to file for a change within so many days. It was 34 days after they sent him the notice.Can they do that? Thanks again.

Subject Wrongful Termination/Harassment Bullying Date Wed Jan 9 2008 12:28 Author Kathy (k_vandeventer@yahoo.com)

I was recently terminated my job at a large corporate retailer. I had been employed with this company for over 7 years. I started a position 2 years ago within this company where my manager made it very clear she did not like me. Within the first 2 weeks of starting my job, her manager was apologizing for her conduct. In June of this year she blocked me from interviewing for another position within the company. The way she did this was against the company’s policy. I reported it to HR, she was reprimanded and immediately following the incident she started claiming I was not performing to her expectations. In the 2 years I worked in this area she also fired 3 other people using the same tactics. I was put on a “performance plan” After working countless hours trying to finish the tasks included in the plan; my work was still deemed not meeting expectations, which resulted in termination. I opened a case with HR when this started but thought I could meet her expectations and find another job within the company. Many factors came into play and I was terminated before the case was really executed. I honestly loved my job and my coworkers. Many other things happened that weren’t fair. I am 2 classes away from having an MBA, what happened to me seems to be a text book case of bullying. I am heartbroken that someone could do this, I feel like the company is so large and too much credit has been given to this poor manager. What are my options? Where do I start?

Subject Bullying Not Necessarily Actionable Date Fri Jan 11 2008 15:02 Author Maury D. Beaulier

A textbook case of "bullying" is not a legal matter since it is not a text book case of unlawful "discrimination." Unfortunately, all employment starts out as employment "at will." That means you may be fired for any reason or no reason or you may quit for any reason or no reason. The only thing that changes the "at will" status is a contract or a statutory preclusion. If you do not have a contract for employment, you have no contractual protections. The statutes or the law, only protects against employment decisions that are discriminatory in nature based on a suspect class like race, creed, color, religion, sex,age etc.. There is are no protections that guarantee employees a good manager or employer or one that gets along with them or likes them. In other words, unless the treatment was based on the fact that you fall into a particular protected class, it would seem that you have no real options here. I am sorry to hear about your troubles.

Subject Policies and State laws Date Sun Jan 20 2008 20:04 Author Doug

MN. I am trying to read and understand these two policies: Liberty Mutual(Certificate of Insurance)says,policy term, policy number and coverage afforded under WC law of the following states and MN is one of these states and employers liability (price $1,000,000.00). Other says Certificate of Liability Insurance, says type of insurance, commerical general liability, schedule auto's, hired auto's, non-owned auto's are all marked. Price of limits $1,000,000.00. The place is marked for WC (workers compensation and employer's liability) statutory limits Here is the question's? Does this mean the certificate holder is a employee? Does the employer pay this for there employees? Does the employees pay for this? I have requested copies of my employment records and files. They wrote back and told me that they are not required to give it to me because of they are saying that my company is a business entity. What does that mean? Is there a MN statute out there for them to turn it over? Worked there for nearly 20 years pay checks weekly. I find it hard to believe that I can not see my file.

Subject Apparently Saying Indepedent Contractor Date Sun Jan 20 2008 22:19 Author Maury D. Beaulier

I could not begin to advise you what a document may mean without reviewing that document. We would have to be retained for that purpose. However, generally, worker's compenstaion insurance is paid for by an employer for the employees as required by state law. If you are an employee, you are entitled to review a copy of your employment record. If you are not an employee, and you are an independent contractor, there would be no employee file. I would also point out that there would be no worker's compensation insurance coverage through the purported employer. It appears that the company you are requesting information from is telling you that you have a business that is organized as a separate company and is an independent contractor.

	Subject Company Date Mon Jan 21 2008 13:55 Author Doug
This company has been paying these for me for years and this is why I figure I could view my records. Just confussing.

	Subject Records Require Review Date Mon Jan 21 2008 15:35 Author Maury D. Beaulier
It is impossible to determine without reviewing the records.

	Subject Business Date Mon Jan 21 2008 15:49 Author Doug
To have a business, I would have to be registered with the state. I have never registered for no licences for a business. This is why I figured I was an employee for so many years. Of hand can you tell any cases for review, granted summary judgement? Thank you for your time.

Subject Review Required Date Mon Jan 21 2008 17:16 Author Maury D. Beaulier

Different cases have different results depending on the facts. Without knwing the particular facts, it is not possible to even beging to analyze the situation. Even a sole proprietership may be a business and any individual may be an independent contractor. Whether you were an employee or not depends on the nature of the job, how you ineteracted with the company, whether they paid you wage and deducted taxes, whether you were given a W2 at the end of the year or a 1099 form. A W-2 is given to an employee. A 1099 is given to an independent contractor.

Subject whistle blower Date Wed Jan 23 2008 06:29 Author Mike

mn. Looking for cases to review. Can you help? Case here: I reported OSHA violations to proper supervisor and they did nothing, so I contacted Company managers, they thanked me for telling them first before I reported them to OSHA. Told me do not worry that I would not lose my job over that. This meeting was taped recorded from them and I agreed to have it done. Can I get a copy of this tape? Well guess what I was terminated just 12 days after my meeting. So I filed a complaint with OSHA, 45 days after my meeting with them and they came in and found the very same violations I was speaking about. These machines has a history of the employees being brought to the emergency room for injuries. After OSHA was there, do they have to post there findings of these violations? If so is this in the work place for everyone to read? Is there a place on the internet where I could find out about these violations at the shop? Would OSHA give me a copy of this since I filed the complaint? I believe I was retaliated against for these violations. My work history is clear and never ever been reprimanded for anything.

Subject Whistle Blower Date Wed Jan 23 2008 09:30 Author Maury D. Beaulier

There is nothing that would require your employer to provide you a copy of the recording. In a litigation matter, however, it would be discoverable. You should file a complaint with the Equal Employment Opportunity Commission or the Department of Human Rights in Minnesota to investigate the termination as a whistle blower matter. OSHA would be responsive to the employer, not necessarily any individual employee. Nonethless, their findings could be acquired through a formal Freedom of Information Act request.

	Subject Thank you Date Wed Jan 23 2008 09:58 Author Mike
Enter your message here.

Subject Form SS-8. Date Thu Jan 24 2008 17:14 Author tom

Minnesota, I have just found out that I am an employee instead not a independent contractor by Federal standards. Here are a few problems: I had filed taxes as a independent contract(self employed with the 1099’s)for years and paid over $30,000 per year in taxes. I never had a license as a independent contractor, never knew I had to have one because this company never asked me to get one. I only worked for them exclusively, no one else ever. Now what is going to happen? When I go to file this year? Company only gave me a 1099 again. Company will not change this status. How much am I going to be penalized from the IRS for filing the wrong way? Is there a easy way around this? Should I file a SS-8 from the IRS and send this into the government?

	Subject Complaint with MN Dept of Labor Date Fri Jan 25 2008 22:41 Author Maury D. Beaulier
You woudl have to pay pay taxes yourself if you are an independent contractor and if you are provided a 1099. If you believe that categorizing you as an independent contractor is incorrect, you would file a complaint with the Minnesota Department of Labor.

	Subject Contractor Date Thu Feb 14 2008 13:22 Author Elizabeth (elizlboyd@hotmail.com)
The IRS always sides with the employee and forces the employer to pay the taxes. I don't agree with this as I feel if a person signed a contract with us that they are a contractor then that proves they are. However, the IRS will always rule against an employer when a contract employee complains.

	Subject Mn. Statutes Date Mon Jan 28 2008 17:34 Author ann
My husband needs or wants to view his business records from a company he had worked for. Is there a Statute for this?

	Subject No Statute for "Business Records" Date Mon Jan 28 2008 18:46 Author Maury D. Beaulier
There is no statute to review "business records" or any law that would require that to occur. If he was an employee, there is a statute to review "personnel records." That statute is Minn. Stat. Sec. 181.961.

Subject Construction lawyer Date Wed Jan 30 2008 18:30 Author Cyndy (nightkiss@hotmail.com)

I hired a contractor over 3 years ago..he was paid in full for the work he did...needless to say he still hasn't finished yet. But has been paid. I have/had an attorney... She has been paid up front for all her bills..but now all of a sudden needs $2,000 in cash before the 1st of Feb. She knows I am on SS...and I get paid on the 3rd. Are their any lawyers in Minnesota that work on a contingency basis? My contractor has damaged my house to almost $40,000....and I have a motion to dismiss that needs to be settled right away, but my lawyer has not sent me the paperwork for me to read it. What do I do? She knows my finanacial situation, and in the past she has been paid in full for her services. I want to protect my case...And I don't think she is handling it fairly to me. What do I do?

	Subject Contingency Fee Unlikely Date Wed Jan 30 2008 19:59 Author Maury D. Beaulier
It would be extremely unusual for an attorney to take a contract dispute such as the one you describe on a contingency fee basis. I do not know of any that would enter into such a fee arrangement I am afraid. I am afraid I have few suggestions for you since there are no legal aid services that service such issues.

Subject Construction Lawyer Date Thu Jan 31 2008 13:23 Author Cyndy (chensrud@hotmail.com)

Well the lawyer I had just bailed out on me, cause she wanted to be paid $2,000 by the 1st....Knowing that I do not get my social security til the 3rd. And is not willing to take payments. I have paid her in full up to now...I have a motion to dismiss on the books.... Any good lawyers that would take payments? this contractor has done damage to my house to the tune of $40,000.......... I need a lawyer NOW! Cyndy

	Subject Contact the Minnesota State Bar Assn Date Thu Jan 31 2008 15:06 Author Maury D. Beaulier
There may be attorneys who will take payments. I would suggest calling the Minnesota State Bar Association for a referral.

	Subject Safety equipment / wearing of. Date Mon Feb 4 2008 00:01 Author Randy (rl13312007@yahoo.com)
I like my job but I have to wear safety equipment that makes me uncomfortable and I consider somewhat dangerous in my own judgment. If I do not wear it I will be let go and if I do, my judgment is limited therefore making my job more dangerous. Is there a legal waiver I can sign which will let me keep my job and not to hold company liable for anything?

	Subject Waiver Ineffective Date Mon Feb 4 2008 17:03 Author Maury D. Beaulier
No. No waiver would protect the company from liability claims related to a failure to use proper safety equipment. An injury would be commensable under their worker's compensation insurance at a minimum.

Subject EEOC/ Two different companies Date Mon Feb 11 2008 20:52 Author DJ

Question 1. I filed a complaint against the company I work for about age and retaliation discrimination. The Civil rights got involved, acceptance which means Civil rights will attempt to investigate the allegations of the illegal discrimination. What if the Respondent does not respond? What happens if we can not reach a settlement? Question 2. My daughter wants to file a complaint for gender and wage discrimination. Can she lose her job if EEOC gets involved? Does there have to be a court hearing?

Subject EEOC Claims Date Tue Feb 12 2008 12:17 Author Maury D. Beaulier

The EEOC will investigate and make a determination as to your right to sue. To be timely in Minnesota, a charge of discrimination must be filed with the eeoc within 300 days of the discriminatory act. To subsequently litigate a Title VII discrimination claim, apotential plaintiffs must commence suit within 90 days after receipt of an eeoc "right-to-sue" letter. The EEOC is very selective about the matters it determines as having a basis in discrimination. Even if it is determined unwarranted inyour case, it does not necessarily mean you do not have a case or that you should not hire counsel. You will recieve a letter from the EEOC advising you of the same if they do not determine discrimination has occurred. If the employer does not respond or you are unable to resolve the matter, you would have to file a lawsuit. There are time limitations for such matters

	Subject Letter Date Tue Feb 12 2008 13:26 Author DJ
My letter says " Please be aware that you have the right to file a private lawsuit in District Court on this matter any day after (give date)." Is this the letter than the right to sue? Or is there something else coming after the investigation?

	Subject Review Would be Required Date Tue Feb 12 2008 15:46 Author Maury D. Beaulier
It is not possible to answer without reviewing the document. However, it appears to be a general information letter without any findings that the case has merit.

Subject Investigation Date Thu Feb 14 2008 08:50 Author DJ

MN. During an investigation with the EEOC complaint. Can the supervisor tell there employees not to speak to them. My answer would be no, but is there a MN. Statute in which this would fall under that they will not be fired from there employer? They to should have rights. Because we know other employees will be afraid to lose there job because my husbands lost his job for reporting OSHA violations. Can there employer stop the employee from giving a depositions?

	Subject No Cooperation = Lawsuit Date Thu Feb 14 2008 12:05 Author Maury D. Beaulier
Employers and employees do not always cooperate. If they do not, your option is to file a lawsuit. In a lawsuit they can be subpoenead to provide a deposition. There is nothing that requires an employee to cooperate, however, even if subpoenaed.

	Subject not laying off Date Sun Feb 17 2008 09:29 Author Tricia (taallen2@comcast.net)
My son works for a company that has been telling him that they have no work for him. This is the 3rd week in a row but they are not laying him off so he can get unemployment. He has worked there for 2 years. Can they do this or are they required to lay him off.

	Subject Constructive Termination Date Mon Feb 18 2008 07:57 Author Maury D. Beaulier
They are never required to lay him off. However, if he is not being put to work, he may be able to collect unemployment by claiming that the lack of work and pay was a constructive termination.

Subject pre-trial Date Wed Feb 20 2008 12:06 Author Cynthia Hensrud (chensrud@hotmail.com)

Where are the lawyers that FIGHT for you..... I went to court, for a motion to dismiss, Feb 7. As far as I knew, at that time, we were waiting for the judge to let us know whether it would be taken to court... TODAY I find out from my contractors attorney, that there is a pre-trial this Friday. My Attorney dumped me, I had to pay her $500.00 to go to court with me on the 7th. She did not tell me, their was a pre-trial date set for Feb 22, 08. I have met with 3 attorneys so far, and all are busy.....And even if I did hire one by tomorrow, their is no way they would be ready by Friday. So Friday when I go into court, I have no attorney. I went down to the court today, to see if they would postpone it, the clerk told me no, even after I told her I have no attorney..Neither do I have my file from my former attorney. What do I do now!???? I have a case, and I do not want to let this go.......But to find an attorney in 2 days time? There is NO WAY! I need HELP! I also have a speech impediment, and now with this hanging over my head, its almost impossible to understand me. I'm frustrated and have no where to turn in this matter..... Shouldn't my attorney have told me, Feb 7, that their was a pre-trial coming up? Where are the Attorneys who fight for their clients? What do I do now??????? Desperately needing some help here!

Subject Pretrial Continuance Date Thu Feb 21 2008 07:53 Author Maury D. Beaulier

When you do go to court on Friday, you may ask for a continued pretrial date to hire counsel. If at al possible, you should file a Motion in advance and serve a copy n th eopposing counsel. I realize that at this late stage, that may not be possible. In most instances, the continuance would be granted. You may even wish to contact opposing counsel and ask him/her if they would agree to a continuance. Since it is likely to occur anyway, he/she may not wish to waste a trip to the courthouse. Your attorney should not have withdrawn so close to a hearing date and certainly not without advising you of the date. You may wish to consider filing a complaint with the Minnesota Board of Professional Responsibility.

	Subject Responce Date Tue Feb 26 2008 17:43 Author DJ
Here in MN how long does a employer have to respond to our complaint to the Civil rights?

	Subject Civil Rights Date Wed Feb 27 2008 13:17 Author Maury D. Beaulier
Do you mean a civil lawsuit regarding Civil Rights? If so, is it filed in State or Federal Court?

	Subject work Date Thu Nov 13 2008 19:46 Author peggy (wizzhead@aol.com)
being asked to work and the office is closed for the holiday

	Subject Two questions. Date Wed Feb 27 2008 17:59 Author DJ
We are in the middle of the investigation still. We were wondering how long does the other party have to respond to the MN.Civil rights complaint filed against them? Different subject: Where can a person find someone to help do there taxes that are delinquent?

Subject EEOC Date Wed Feb 27 2008 19:21 Author Maury D. Beaulier

I assume that you mean a complaint filed with the EEOC or Minnesota Department of Human Rights. If that is the case, they are never required to respond, but would be wise to do so or risk a determination that a violation has occurred. Either way, the matter must proceed to litigation if not resolved. A tax attorney or a tax accountant can assit you with thtaces. A tax attorney would have greater experience if there is an obligation owed in seeking an offer and compromise. Stay away from the mills that advertise on television and radio. they do very little for you.

Subject Rebuttal Date Mon Mar 31 2008 08:16 Author DJ

We got our rebuttal from the company on the complaint we filed with Civil rights, we are the middle of answering it now. In the company’s response they put in there they have the right to amend. Well of course they say that because they did not tell the truth. They made up a new issue to talk about, which was not in the complaint in the first place and never addressed the real issues at hand. In our complaint we proved the new issue to be false., with documents. My question is does the company get to rebuttal what we have sent again?

	Subject Thank you Date Wed Feb 27 2008 21:07 Author DJ
Enter your message here.

Subject Contract help Date Tue Mar 4 2008 09:39 Author Stacey Albrecht (stufflebeam61356@yahoo.com)

I was give a horse back in Sept. of 2007. We signed a contract that stated if I could not keep the horse it would go back to the owner. And if she could not take the horse back then I could find it a suitable home. It, also, stated that for payment of the horse, the owner could have one free breeding to my stallion. I was unable to keep my horses. I let her know this. And she could not come up with anyone to take the horse. So, I gave her away. I did not re sell her. And I did not take her to an auction. She was given away. I also gave my stallion away. But the person who has him knows about the free breeding and is willing to give it. So that still stands. But the owner of said horse has refuised the breeding. Now, she is trying to say I stole the horse from her. She is lieing and saying that I never told her I needed to re home the horse. Which is not true. And she is saying that I am refusing to give her the contact info of the people that have the horse. But I no long have the info so I can't give it to her. And the people the horse was given too have not changed the papers from my name to theirs. So she is sayings she is talking to her lawyers friends and the cops. And that she will be sending th cops and the AQHA (registery of the horse) after me. Do I need to seek a lawyer right away? Can she really have me put in jail? I stood up to my part. The only proof of anything either of us have other then the oringal contract is e-mails back and forth. Thanks for any advice.

Subject Civil Matter Date Tue Mar 4 2008 11:10 Author Maury D. Beaulier

First, there is no theft. That much is clear. It is a civil matter. If the contract is not committed to writing, it is difficult to determine the contract terms. If the matter proceeds to court, it becomes a matter of credibility of the parties. With regard to the notice to seek a new home for the horse, ideally you would have done that in writing to preserve a record. Without such a record, that too is a matter of credibility for a court to determine. These are the typical problems that occur when contracts are not properly drafted. I would suggest seeking to mediate the dispute before both parties incur significant legal fees with a likely result that is less than satisfactory to both.

Subject Civil rights Date Thu Mar 13 2008 09:45 Author DJ

I had filed a complaint with Civil Rights, in MN. Here is brief what had happened. We (4 of us from work) filed a complaint in Oct. 2007, with upper management after I followed a chain of command, about concerns (OSHA violations, age, discrimination, embezzlement etc.), they did nothing. Upper management asked if it would be alright if they taped recording the meeting, I agreed because I thought that would be good, came to the company in November, assured all of us not to worry we would not lose our job over this, 12 days later I was the ONLY one they retaliated against and I was no longer working there. Company I was working for part-time and a hauling contractor, never ever given me any notions that I was terminated. Not until I requested my complete files from them in January 2008. This is where it showed I was terminated in January 2007. But yet they still asked me to work, plus they paid my workman comp, truck insurance. My question is to you? I filed my complaint with EEOC before my year was up according to Jan. 2007. But it took EEOC so many more days to draft up there report. So when I got to sign the complaint that they drafted it was past the one year mark; Minneapolis Ordinance 141.50. I had my complaint to them like 8 days before my year was up. Even though I was never given any papers stating I was terminated. Now, can this be dismissed because EEOC took time to write up the draft for the complaint?

Subject Minneapolis Commission on Civil Rights Date Thu Mar 13 2008 22:54 Author Maury D. Beaulier

First of all, your post is very confusing and difficult to follow. I really do not understand how you were terminated in 2007 but did not know until 2008. Nonetheless, if you waited until only 8 days before the deadline to seek action, you put yourself in a bad position. You may also write up your own complaint so the fact that the EEOC did not complete the paperwork on time, is not something that can be used to defeat statutory timelines. Any complaint must be submitted to the Minneapolis Commission on Civil Rights within a year of the condict complained about.

Subject Confussing Date Fri Mar 14 2008 08:52 Author Don

When I was told I terminated in November 2007. We wrote to the company asking for my personal information they had on me. We figured we had so many days from the November date. But when we got the report back from the company this is when I found the note saying I was terminated in January 2007. Company just post dated this note so I would run out of time. I would like to know why I was not given any written notice of that date? Should company have to inform you of that? Otherwise I had no idea. Supervisor asked to to show up at work certain time, to make deliveries, all year long, even the last day I worked in NovemberI showed up for work until November 2007 when I was personally told not to come back. My complaint was turned in on time. The letter I got from Civil rights, they said "Sign and date the charge in the bottom left hand block where I have made an "X". The date of signature on the charge will not effect the jurisdiciction date established in any original written complaint previously given to EEOC. I did that. But the company Attorney is trying to use this date to have it dismissed.

	Subject A Stretch Date Fri Mar 14 2008 11:58 Author Maury D. Beaulier
I am still confused. If you were terminated in January of 2007, why wouldn't you hhave known about it? I assume that you did not continue working for free. If you worked until November, you were then terminated in November. It would seem a stretch to argue that you were terminated in January without notice.

	Subject Paid weekly Date Fri Mar 14 2008 13:06 Author Don
That is my point. I was paid a weekly pay checks. That is why I did not know about being terminated. But the letter states otherwise.

	Subject Odd Date Fri Mar 14 2008 14:19 Author Maury D. Beaulier
You describe a very odd situation, but it would seem that an argument that you were terminated in January but that you continued working until November, would strain credibilty.

Subject Worker Date Sat Mar 15 2008 08:01 Author Jim

MN, is there any other way besides to file a form ss-8, to determine the differences between employee or independent contractor? Because after reading all the info on this form, I surely qualify as an employee. But I was given a 1099. I had verbally implied contract with plant supervisor and was hired to work for this company exclusively: supervisor told me what time to be there, told me what to bring, brought there product to customers, I had no opportunities to profit nor had I anything to do with the price of the product, I was given keys to the shop, got a weekly paycheck (w/o taxes taken out) hard hat, safety glasses, they paid my workman comp insurance on a policy they took out ( never paid a dime for this), truck insurance ( they insured my trucks up $10,000,000.00 without me paying a dime), made up my invoices and bill of lading for free and got a company handbook. Since I was given this 1099 for my work, I understand I have to pay these taxes and that can not be changed but I was just wondering if there was any other to have IRS check for themselves? I just do not want the company to know that I am checking this out before I continue to work for them. Thank you

	Subject Department of Labor Date Sat Mar 15 2008 21:58 Author Maury D. Beaulier
If you believe tat you are being improperly characterized as a independent contrantor rather than an emplyee, you should report it to the Minensota Department of LaborMinnesota Department of Labor and Industry, 443 Lafayette Road N., St. Paul, MN 55155, Phone: (651) 284-5005 or 1-800-DIAL-DLI (1-800-342-5354); TTY: (651) 297-4198

	Subject Taxes Date Sun Mar 16 2008 09:56 Author Jim
I knew this did not seem right. What will happen to me know since I had cashed the checks and they did not take taxes out? Should I wait until I hear back from DOL before I do taxes? I think my time will run out before April 15.

	Subject You Owe Taxes Date Mon Mar 17 2008 08:02 Author Maury D. Beaulier
If you failed to pay the quarterly taxes, you will still owe that amount.

	Subject Taxes Date Mon Mar 17 2008 11:18 Author Jim
I know I owe taxes by April 15,my question was to you was did I have to wait to hear back from DOL? To let them know about that company?

	Subject Separate Issues Date Mon Mar 17 2008 17:47 Author Maury D. Beaulier
One issue has nothing to do with the other. Taxes are separate than a report to the DOL.

Subject Condo Assc. foreclosure Date Sun Mar 16 2008 21:58 Author TA (primetimerealty2@yahoo.com)

This issues might be too complicated, but I'll be brief. I own a few condos in Plymouth that I rent out. When I purchase one it apparently had outstanding special assessment of $3200. This was to be paid by the seller, she never did. The Association group tried to foreclose on me and after lawyer fees (theirs) it cost me $6900. The seller has left the country so now what do I do? Can the Assc. group charge me with this? Should I have had to pay the added lawyer fees? I now have this on my credit card and don't feel this is my bill. Any suggestions would be greatly appreciated.

	Subject Your Bill Date Mon Mar 17 2008 08:03 Author Maury D. Beaulier
The Association is not bound by your contract with the seller. They may foreclose on the unit if the fees are not paid and they may charge for the costs and legal fees associated with it. You may try to negotiate with them, but your only remedy is against the seller based on a contract breach.

Subject Employer asks employee for reimbursement Date Wed Mar 19 2008 20:02 Author Becky (rjfals@yahoo.com)

I have voluntarily terminated my employment with a non-profit organization, and offered the standard two week notice. I am leaving on good terms. They presented me with a "bill" of what I owe them. One of the charges is for an airline ticket that was purchased for a future business program. I also volunteered (without pay) to staff the program, but was told they could take care of it without me. If they had terminated my employment, this expense would have been absorbed. The second charge was for a professional membership, which was approved as part of my employment benefits. The membership fee was prorated for the number of months that I will have the membership but will not be employed with them. Am I legally required to reimburse them for these expenses?

	Subject Depends on Contract Date Thu Mar 20 2008 09:48 Author Maury D. Beaulier
The answer depends n your employment contract. If you have no written employment contract or enforceable employment policies covering these issues, the employer would be hard pressed to collect anything.

	Subject EEOC Date Mon Mar 24 2008 13:14 Author Joe
I got hurt on the job, and had to take time off to heal, I called to let the boss know I was coming back and he told me that he was laying me off because of lack of work. Now is see that the boss has hired other people to fill my position, instead of calling me back. I think I should file a complaint with EEOC. So how many days do I have to file?

	Subject EEOC Complaint Date Mon Mar 24 2008 15:36 Author Maury D. Beaulier
The answer to your question is not easily and would require a review of the particulars of your case. However, as a general rule, a complaint must be filed within 300 days of the claimed discriminatory conduct.

	Subject Non protected class Date Wed Mar 26 2008 11:47 Author Man
If a person is given a job position that has no qualifcations that the job requires. Does quailfy as a non protected class member?

	Subject Job Not Relevant Date Wed Mar 26 2008 19:01 Author Maury D. Beaulier
I am not sure that I understand. The job itself has nothing to do with it. A protected class is defined by statute and includes such things as discrimination for race, creed, color, age etc...

Subject Rebuttal Date Tue Apr 1 2008 08:39 Author DJ

We got our rebuttal from the company on the complaint we filed with Civil rights, we are the middle of answering it now. In the company’s response they put in there they have the right to amend. Well of course they say that because they did not tell the truth. They made up a new issue to talk about, which was not in the complaint in the first place and never addressed the real issues at hand. In our complaint we proved the new issue to be false., with documents. My question is does the company get to rebuttal what we have sent again?

	Subject Amendment Date Tue Apr 1 2008 14:03 Author Maury D. Beaulier
The Company may always rebut until the issue is closed

Subject Files Date Tue Apr 1 2008 10:24 Author Dan

mn. Is there a Mn. Statutes that I can request my files from work? I have not done this before, I was off for work related to work injuries. I called to come back and employer told me not to come because of lack of work. Since the company has hired altogether four people for my job. Not sure why they have not called me back. Looking for Statutes to see what is going on. Company is still paying for me to go to therapy.

Subject Employee File Date Tue Apr 1 2008 15:03 Author Maury D. Beaulier

You cannot request your files, but you may have the right to review yoru employee record. the statute is below. 181.961 REVIEW OF PERSONNEL RECORD BY EMPLOYEE. Subdivision 1. Right to review; frequency. Upon written request by an employee, the employer shall provide the employee with an opportunity to review the employee's personnel record. An employer is not required to provide an employee with an opportunity to review the employee's personnel record if the employee has reviewed the personnel record during the previous six months; except that, upon separation from employment, an employee may review the employee's personnel record once each year after separation for as long as the personnel record is maintained. Subd. 2. Time; location; condition; copy. (a) The employer shall comply with a written request pursuant to subdivision 1 no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state. (b) With respect to current employees, the personnel record or an accurate copy must be made available for review by the employee during the employer's normal hours of operation at the employee's place of employment or other reasonably nearby location, but need not be made available during the employee's working hours. The employer may require that the review be made in the presence of the employer or the employer's designee. After the review and upon the employee's written request, the employer shall provide a copy of the record to the employee. (c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1. (d) The employer may not charge a fee for the copy. Subd. 3. Good faith. The employer may deny the employee the right to review the employee's personnel record if the employee's request to review is not made in good faith. The burden of proof that the request to review is not made in good faith is on the employer. Subd. 4. Employer defined. For the purposes of this section, "employer" includes a person who has one or more employees.

Subject WI - Contract Issue Date Thu Apr 3 2008 12:40 Author Holly (mommatoclaire@yahoo.com)

WI. Husband gave two weeks notice of resignation. Boss wanted him to stay and offered substantial raise to do so. Husband said no. Boss counter-offered the raise with two lump-sum payments to be paid out, one on March 15, one on March 31. Husband agreed to stay. Boss then gives husband non-compete and another form (contract?) saying if he wants the raise, he has to cut his vacation by a full week AND sign the non-compete. This is AFTER he told new employer (current competition of current employer) he could not come. Now he's stuck because he does NOT want to sign a new non-compete (already signed one in 1999) and does not want to lose vacation. Boss is "holding" the March 31 advance check until husband agrees to sign new agreement. Does he have any legal recourse to make employer hold to their initial verbal agreement, or is he stuck into agreeing to the blackmail conditions the boss is now giving him?

	Subject No recourse Date Thu Apr 3 2008 19:37 Author Maury D. Beaulier
I am afraid that there is no action that can be taken. Your husband should not have acted in reliennce on an offer that was not committed to writing first. Without a written contract, there is no protection afforded.

Subject Thank you Date Fri Apr 4 2008 08:14 Author Holly (mommatoclaire@yahoo.com)

Thank you. Well, unfortunately, the boss came to him with this offer at the very last possible moment, promised it to him in writing, and when he finally got around to it, the conditions had changed. Husband thought he could trust his employer of over 15 years, go figure. Luckily, he was able to renegotiate the week of vacation back...but it looks like he'll more than likely have to sign the non-compete. We are working with a local lawyer to get that re-written a little more to husband's advantage. Thanks again!

Subject R-8 Date Fri Apr 4 2008 08:50 Author Ted

MN. I received my R-8 Notice of Rehabilitation Plan Closure,. I was given this to return to work, to the same place of employment saying ; Employment status at plan closure: employee RTW with DOI employer. Reason for rehabilitation plan course: plan completed (employee returned to suitable gainful employment) I completed my plan. Question here is my employer will not hire me back, told me because of lack of work. But has hired four people at the plant and one of them to do my job. Can he legally do this? I was hurt at work.

	Subject EEOC Date Fri Apr 4 2008 12:51 Author Maury D. Beaulier
You cannot be laid off or terminated based on your disability. You may wish to file your case with the Equal Employment Opportunity Commission (EEOC).

	Subject Confused Date Tue Apr 8 2008 08:29 Author Dad
The entity contracting with the independent contractor elects to purchase insurance for that individual contractor. Why would a company do this? Minnesota

	Subject Liabilty Reason Likely Date Tue Apr 8 2008 11:21 Author Maury D. Beaulier
I cannot tell you what a company is thinking. I would imagine that they are trying to limit their potential exposure to liability.

	Subject Bankruptcy Date Tue Apr 8 2008 08:36 Author Sue
When someone wants to file for bankruptcy, after we get attorney. Question is; for filing for a court date can we apply for informa pauperis to do this?

Subject Bankruptcy Date Tue Apr 8 2008 14:47 Author Maury D. Beaulier

I am not sure that I understand your question. However,under the bankruptcy process, if you cannot afford to pay the full fee at the time of filing, you may apply to pay the fee in installments. A form, which is available from the bankruptcy clerk’s office, must be completed to make that application. If your application to pay in installments is approved, you will be permitted to file your petition, completing payment of the fee over the course of four to six months. If you cannot afford to pay the fee either in full at the time of filing or in installments, then you may request a waiver of the filing fee by completing this application and filing it with the Clerk of Court. A judge will decide whether you have to pay the fee. By law, the judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments.

	Subject Forms Date Tue Apr 8 2008 17:38 Author Sue
Are these forms on the internet? Where is the guidelines for this to see if we qualify? Thank you

	Subject Forms I found them Date Tue Apr 8 2008 18:58 Author Sue
Can a person already with a judgment against them, can they apply that to a bankruptcy case?

	Subject Hire Counsel Date Wed Apr 9 2008 06:55 Author Maury D. Beaulier
I do not know if or where such bankruptcy forms exist on the internet. You may wish to try the bankrutcy courts site. A judgement can be removed as part of a bankruptcy, but it requires an additional process. You would be wise to hire counsel. If your bankruptcy is dismissed, often it cannot be refiled.

Subject No chance for recall for hire Date Fri Apr 11 2008 15:08 Author Ted

I got injuried on the job, when I got ready to come back to work with Doctor approval, boss told me I was "laid off due to lack of work". Now I seen that they hired number of different people. When I never got the call to come back to work, I wrote to see my files. My unemployment runs out here shortly. I find it strange that none of my Doctor reports are in there. I have my copies but company does not have them. Only then I see the report for "No chance for rehire." Can they do that? I have done nothing wrong but did get hurt on the job. Help please

	Subject EEOC Date Fri Apr 11 2008 21:44 Author Maury D. Beaulier
You cannot be terminated because of a Worker's Compensation claim. You may file a complaint with the Equal Employment Opportunities Commission (EEOC) in St. Paul.

	Subject RFT Date Sun Apr 13 2008 13:47 Author Ted
I am looking at my employee profile sheet: it says emp Id means employee ID number. My question is a long shot hoping you can help it says status LO (lay off), has employee type RFT, what does that mean?

	Subject No Idea Date Mon Apr 14 2008 10:45 Author Maury D. Beaulier
I would have no idea. It is an interooffice code and not something that has a legal significance.

Subject Breach of severance agreement Date Sat Apr 26 2008 09:44 Author John

I was terminated from job over the phone. During the call, employer/myself/HR department discuss severance agreement and we all come to an agreement. When the written agreement arrives to me, it accurately memorializes what was discussed during the phone call as to length of severance, amount of payout, etc. However, it is just missing the agreed upon mutual releases, and a statement of neutral reference. I called my employer and told him this stuff was left out, employer responds that the form is boilerplate and that I can send some verbiage that I want and they will tack it on end of agreement, no problem. SO I send mutual release verbiage, statement of neutral reference via emai. Employer later balks and no longer wants to add the agreed upon language. Meanwhile, the 21 day time frame to sign is running out, so I signed the original written agreement in time and did not make any changes to it. 3 days later, employer sends out new agreement lowering the amount of payout significantly. NOW, Employer claims original deal is off the table, and the new one is the only open offer. Employer refuses to pay as agreed in the signed original. I want the original signed, unaltered agreement to be enforceable. Do I have a Breach Of COntract Case? Thoughts? Thanks in advance!!

	Subject Significant Weaknesses Date Sat Apr 26 2008 14:59 Author Maury D. Beaulier
The agreement would have to be reviewed. However, I believe the employer would have a strong argument that the offer was rejected. They made an offer when the agreement was sent over. You rejected and made a counter offer when you added your addendums. As direct result, you cannot go back and accept the original offer unless it is again made.

	Subject Thanks, follow up Date Sat Apr 26 2008 15:02 Author Jon
Do you think there is an argument to be made that it was not a counter offer that was emailed, just a clarification of terms discussed on the phone? DO you think the main thing that I have to get around is not calling those emails "counteroffers/rejections" thanks

	Subject Counter Offer Date Sat Apr 26 2008 15:31 Author Maury D. Beaulier
I am afraid that it appears to clearly qualify as a counter offer. I imagine it could be argued that the agrement was made over the telephone even if it was not in writing which would be a binding contract. However, like any verbal contract, proving the terms would be a difficult task.

	Subject Thanks, taped phone call Date Sat Apr 26 2008 17:48 Author Jon
I have the call on tape. The call clearly states severance for 3 months, 6 month of commissions and mutual releases. Doesn't that help? If I went the route of arguing oral contract based on the phone call, does my signing of the written agreement after the fact have an effect on taht argument? Thanks so much

	Subject Some Concerns Date Sun Apr 27 2008 10:00 Author Maury D. Beaulier
I think that by signing the written agreement later, you do undercut your arguments that there was a verbal contract. Moreover, one significant weakness of the argument is that a Mutual Release must be in writing and the parties must be notified that under the Minnesota Human Rights Act, Minn. Stat. § 363.031, Subd. 2, there is a 15 day period in which the agreement may be rescinded.

	Subject Thank you. Date Sun Apr 27 2008 15:55 Author Jon
Thank you for your time. Very much appreciated and helpful.

	Subject EEOC Date Mon Apr 28 2008 08:42 Author Ted
MN. If EEOC get a complaint, will they file a case against that company and take them to court if they can not reach a agreement? Or do we still need to file for court and hire our own attorney? I read a case in Arkansas which EEOC took the company to court on behalf of the person whom filed the complaint. Thanks

	Subject Not Usually Date Mon Apr 28 2008 12:34 Author Maury D. Beaulier
No. The EEOC ghenerally will not file a case or take the company to court. They simply investigate and make an assesment of the case and, often, schedule a mediation or arbitration. If it is not resolved, an attorney must be hired to file a complaint.

	Subject Court hearing Date Mon May 5 2008 07:14 Author Ted
Mn. Does there have to be a court hearing going on? In order to file a motion for discovery for something the other party has? Before this something disappears. They have wrote us a letter stating that they have it but we would like to get it before court and in case they might lose it. I think the answer is no but since we are lawyers.

	Subject Ongoing Action Date Mon May 5 2008 08:06 Author Maury D. Beaulier
You must have an ongoing action to perform discovery. To seek an injunction requires a very specialized motion.

	Subject Case Date Tue May 6 2008 16:21 Author Ted
Can you give me and idea on what the case I should looking up that is kinda like mine? Says no chance of recall. Employer has hired other people to fill my spot. I was hurt on the job and followed all Doctors orders and he gave to notice that I was 100% better and able to return to work and the company will not bring me back.

	Subject Retaliatory Discharge Date Tue May 6 2008 21:16 Author Maury D. Beaulier
The case would be for a retaliatory discharge based on the receipt of Workers' Compensation. Minnesota law also prohibits an employer from "discharging or threatening" to discharge an employee for seeking workers' compensation benefits.

	Subject attendance records sent out to other emp Date Fri May 9 2008 08:41 Author MB (jrandmb@yahoo.com)
Is this ok??? Boss sent out attendance records of 8 employees(including things saying, late, sick, personal family etc) for the months of April and May to entire department plus 2 other employees as example of poor attendance to everyone. This seems like a violation of privacy, am I wrong?

	Subject No Right to Privacy Date Sun May 11 2008 11:42 Author Maury D. Beaulier
There is no law that provides a right to privacty for such records. It is not an advisable employment practice, but there is nothing that precludes it.

Subject Intellectual Property/Work for Hire Date Sun May 11 2008 20:34 Author Brett

If I developed website code under a work for hire agreement and the company goes out of business, does the intellectual property stay with the company? Or does that free me from it and thus I can use the code/intellectual property for another business? What if the "code" is different but the concept is the same? (in other words, the code has been re-written but the website operates the same) with a new company? Second question, if I may. What constitutes the "cessation of the corporate business"?

Subject Dissolution of Business Date Mon May 12 2008 22:35 Author Maury D. Beaulier

Yes. The intellectual property is still the property of the company that contracted the work for hire. Froma practical perspective, it is hard to conceive of a situation where a dissolved company would have the financial resources to protect that intellectiual property. However, you would be wise to, perhaps, purchase the rights to the code. A company that is dissolving must file a Notice of Dissolution with the Secretary of State and provide notice to creditors.

	Subject Employment Date Tue May 13 2008 13:45 Author Jenna
I have read cases on employment, MN. Can you tell me what "conditions relative to performance" mean? Thank you

	Subject No Context Date Tue May 13 2008 17:18 Author Maury D. Beaulier
The phrase means nothing without context. It would depend how it was used and in what type of case.

	Subject Case Date Wed May 14 2008 10:49 Author Jenna
This is about contract case. it says 1. Contracts: " To prove oral contracts, terms must be sufficiently definite for court to determine with certainty duty of each party and conditions relative to performance." Cite as 545 N.W.2d 898, Bowser v. PMX Ind. So,I am asking what does " conditions relative to performance mean?

	Subject Contract Law Date Wed May 14 2008 16:15 Author Maury D. Beaulier
It relates to basic contract law. I don't believe there is any way to say it more clearly. Conditions relative to performance is simply the same thing as saying that the contract must describe specifically enough the duties of each party and how those duties would be carried out (eg. timelines etc...)

	Subject Late fees, whats legalSharon Date Tue May 13 2008 14:56 Author Sharon (shashanahans@yahoo.com)
I hired a company to plow my driveway. They sent me a bill for $45 and I paid the total 45 days later. They assessed a $30 per month late fee and because I was 2 weeks late this has doubled and tripled where now it's $90 for running a balance even though the original money was paid. Is this legal????

Subject Late Fees Date Tue May 13 2008 17:20 Author Maury D. Beaulier

You raised an interesting question. At first blush I suspected that the arrangement might constitute a violation of usury laws (interest rates). However, it appears that late fees do not fall under the usury law prtections. As a result, the arrangement is legal if it appears in your contract. If it is not in your contract, it is likely unenforceable. You may refuse to pay, and I would highly doubt a court would enforce the late fee. However, your credit could be affected. It would certainly cost much more to retain an attorney to seek a resolution. I am afraid that I have no good solution for you other than to contest the later fee and ask that the company send you any documentation of the contract that includes such a provision.

	Subject EEOC Date Thu May 15 2008 19:50 Author tom
I am in the middle of filing a complaint. Question my friend has a complaint in with the Civil Rights now with same company on different issues. Would it be wise to get a affidavit from this person who can testify(witness)to the issues I am dealing with?

	Subject Depends on Information Date Thu May 15 2008 20:58 Author Maury D. Beaulier
The answer depends on whether the person from who the statement is sought has any real information related to your particular case or, at least, company practices involving the same issue. If not, the information is likely not relevant.

Subject Termination Date Mon May 19 2008 15:21 Author Laura (sns128@yahoo.com)

Can you tell me the law on references by future employors? I know that in some states they are only allowed to state that you worked there and the dates of your employment. Is that the case in Minnesota? I was recently fired because of numerous problems with my employer the foremost of which he did not feel I was doing my job correctly. I have never had this problem before. All of my previous employers have been excellent and I have never had to worry about the review I would get if they were contacted. This time I am worried. Thanks.

	Subject Employer May Provide Information Date Tue May 20 2008 08:40 Author Maury D. Beaulier
An employer may provide any information that they wish to provide. There is no law restricting what the employer can and cannot say regarding the employment. However, it is wise business policy to provide only a neutral reference and dates of employment. False information could result in a defamation lawsuit.

Subject Wrongful termination & money due Date Tue May 20 2008 11:15 Author Wanda

(Minnesota) I was recently terminated from a director level position that I’ve held for 23 months. The only reason I was given was that “it’s no longer a ‘good fit’”. Also, “with your children’s sports and confirmation activities, your kids need you”. They went on to say that I’ve done a great job for them and am extremely talented. The CEO wrote me a glowing recommendation letter and said that he’d be happy to help me in any way with securing future employment, but my termination was effective immediately. This left me completely blindsided! A little background information: This is a small family owned business: CEO is the owner, with other family members in the “principal” positions. I was director of my department. During my employ, I helped the company achieve a 20% growth. I had a 45-minute commute (each way), which they knew when I was hired. The President made comments such as “Why doesn’t your lazy husband take care of the kids?” “Why don’t you move closer?” and “We’re paying you far too much money” to which the CEO would respond “With her experience and skills, she’s worth every penny”. This is not an issue of my not being in the office, and I regularly worked through lunch at my desk, took work home, etc. I never missed deadlines and turned out quality, innovative and results-driven work. In fact, after being “courted” by this company for two years, I left employment at a competitor to take this position, largely due to the financial package offered. My employment letter of agreement breaks my pay structure into three parts: Base salary, objectives-based portion and company financials-based. It’s the objectives-based portion that’s in question. In my first year, the objectives were agreed upon and a dollar value attached to each objective. I requested the objectives be discussed and set at the start of the next fiscal year. They agreed, but nothing was done. After a few more inquiries over the following months, I finally stated some objectives as a starting point. Still, nothing done. With one month remaining, they offered me a flat $300 per pay period increase (in lieu of the $8,000 in question), effective immediately, but not retro to the start of the fiscal year. I stated that paying me $600 vs. the $8,000 wasn’t our agreement and we needed to discuss the matter further. The CEO agreed, and offered me a flat $2,000. He knew that I still wasn’t satisfied, and we both agreed that further discussion would take place. Meanwhile… The company principals recently attended a meeting of their nationwide peers and were put through the ringer when the peer group pointed out that this company’s expenses double of where they should be, based on the size of the company. Upon their return, the principals began their quest to see where they could cut expenses. This also fell at the end of the company’s fiscal year. I was terminated 1-½ weeks after the fiscal year end, despite good reviews at the annual company meeting, possibly to avoid bonus payout and lower expenses by eliminating my department. Do I have any recourse for wrongful termination: maybe based on (discrimination of) marital status/kids “needing Mom”? How about the performance-based bonus portion of the original financial package agreement? Can I collect this portion due? I shouldn’t have to give up $8,000 because they reneged on the original offer by not defining objectives with dollar increments attached. Would you advise I send a letter of intent to sue? What can be key points to pressure them into a better settlement package or negotiating a better payout? I would prefer to let this all drop and just move on, but this termination is unfounded and I feel am owed that money.

Subject Employment Issues Date Wed May 21 2008 00:58 Author Maury D. Beaulier

It is not possible to fully evaluate a case mbased on limited facts. As you may already know, all employment starts out as employment "at will." That means you may be fired for any reason or no reason or you may quit for any reason or no reason. The only thing that changes the "at will" status is contract and statutes. You indicate that you have a contract. To determine whether the contract is sufficiently specific and supported by necessary consideration to be binding would require an analysis of when it was entered and how it was entered. A review of the written instrument would also be required. From what I can discern, it appears that rather than having a contract you had only begun discussing compensation objectives for the current year and an accord was never reached. Such discussions is unlikely sufficient to support any binding contract since no specific terms were memorialized. Outside of contractual protections, the only additional restrictions come from state and federal statutes. The statutes or the law, only protects against employment decisions that are discriminatory in nature based on a suspect class like race, creed, color, religion, sex, age etc.. Certainly comments about being home for the children's sports or confirmation raise significant concerns and may, with additional evidence support a claim that the termination was gender based. It does not appear to be a particularly strong argument at this point. That is particularly true since considerations of your pay and comments that you are being paid too much are legitimate business interests and ay be a basis for a termination. It is certainly a case that would warrant filing a complaint with the EEOC for an investigation. I am sorry to hear about your troubles

	Subject Filing suit for wrongful termination Date Wed May 21 2008 12:58 Author B (letsgotruckin379@msn.com)
What is the process for filing suit for wrongful termination and gender & age discrimination? Do you have to file with the State Department first? Does the attorney get a portion of the settlement or payment up front? Do these cases generally make it to court or settle outside of court? How long is the process?

Subject Discrimiation Lawsuits Date Wed May 21 2008 15:51 Author Maury D. Beaulier

There is no need to file with any department. You would serve and file a civil Summons and Complaint like any other lawsuit in either federal court (where federal statutes are at issue) or state court if you wish to eschew the federal protections. I imagine there may be some attorneys whow would agree to a contingency fee. Far more would require a retainer and payment of fees. Such cases are often submitted to arbitration or mediation and most are resolved that that stage. The answer as to how long accase may take depends on eth issues in dispute. A trial is unlikely to occur for a year or even two years in some counties. Keep in mind that the rules of civil procedure can be very unforgiving. That is particularly true in the federal system. As a result, errors in procedure may impair your case.

Subject Rebuttal Date Wed Jun 4 2008 09:46 Author DJ

I just spoke to EEOC yesterday because we have not heard back from them since end of April. I was wondering why we have not heard back from them after we sent in our rebuttal(to company answers). They said the company did reply again. I asked why we did not get to see what they wrote back and they said they did not need no more information. Would call us. Question is? What if the company wrote back things that were not true like they did the first time around. We showed EEOC paperwork to prove them wrong. I thought at least we would know what there replied to our rebuttal letter was. What if the company brought new issues up? Like they did in there first rebuttal letter. They never talked about the retailation nor the age discrimination part. I guess I thought we would have seen there response. Thanks

	Subject Acquire record Date Wed Jun 4 2008 11:30 Author Maury D. Beaulier
The EEOC decides their scope of the investigation. However, you should request a copy of the response provided by the company. You should also schedule an appointment with an employment law attorney in the event that a determination is made.

	Subject E-mail Date Wed Jun 4 2008 13:46 Author DJ
Can we request a copy through the internet or does it need to be done by mail? Thank you

	Subject Mail Date Wed Jun 4 2008 22:17 Author Maury D. Beaulier
I have never known the EEOC to operate through email. However, you should inquire of them.

	Subject Company sold Date Sat Jun 14 2008 11:40 Author DJ
We are in a middle of filing a lawsuit against this company. EEOC and Civil rights are investigation now, they told us we could sue already. Now we found out that this company, (is in the final stages of selling) has been sold for a 185 million dollars. Now what is going to happen to our claims filed against this company?

	Subject Claim Still Exists Date Mon Jun 16 2008 22:53 Author Maury D. Beaulier
I am not sure that I understand. You would still have a claim against the company so long as it does not dissolve.

Subject new company Date Mon Jun 16 2008 13:14 Author DJ

Would the new company be aware of the EEOC complaint? Have to wonder if the new company is aware of the embezzlement from the old company supervisors? This was part of the reason why my husband lost his job because he reported the stealing of money to upper mangement. Supervisor kept his job. We have proof with reciepts to show that this was going on. What would happen if we told them of the old supervisors? That is what we feel like doing is telling them. But not sure if we should until Civil rights and EEOC is done with them.

	Subject Claim is Against Old Company Date Tue Jun 17 2008 13:57 Author Maury D. Beaulier
Your claim is not against the new company. You still have a claim against the old company unless there was a merger. As part of due diligence with any sale, threatened and ongoing lawsuits are often disclosed. However, that is not always the case.

	Subject Continue from last post Date Sun Jun 15 2008 17:46 Author DJ
I found this on the new company board: "Completion of the acquisition is contingent upon receipt of regulatory approvals, satisfactory completion of due diligence, and fulfillment of other customary closing conditions. The transaction is expected to close during the third quarter of 2008." Can you tell me what does this mean?

	Subject Means Very Little Date Mon Jun 16 2008 22:56 Author Maury D. Beaulier
It means that due duligence is still ongoing, whichg means they are investigating the viability of whatever purchase or sale is being contemplated by reviewing finajcial records.

	Subject Which attorney? Date Fri Jun 20 2008 09:19 Author Tom
We owe a lot in back taxes over $100,000. They are all filed. Which attorney can help us with trying to make a deal with IRS? Not bankruptcy either.

	Subject IRS Debt Date Fri Jun 20 2008 15:52 Author Maury D. Beaulier
I am afraid that I do not have any names for IRS matters related to "Offers and Compromise."

Subject lis pendis Date Tue Jun 24 2008 09:07 Author jean (linda189380@yahoo.com)

I have a house listed for sale in Prior Lake that comes with alot of 'drama'. Apparently the 'buyer' bought it for 'someone else' and she lived ther but within the first year, he stopped making payments on the mortgage. Sheriff's sale in July 8th but I have a cash offer of $900,000 and the mortgage compnay is willing to accept. Here's the problem, the 'renter' filed a lis pendis which part of documents state that the house was to be hers in some sort of business deal. They were filed in Scott County, but the front page states Hennepin Cty, she's listed as the defendent (I thought the Plaintiff files these) and the documents seem to be referring to another piece of property at a lower price. How do I get this lis pendis lifted because I believe they are false documents?

Subject Slander of Title Date Tue Jun 24 2008 12:36 Author Maury D. Beaulier

There is no easy answer to your question. That is particularly true without seeing what appear to be inconsistent documents. A Lis Pendens ia a notice of a pending action against the property and it must be filed in the county where the property is located. Your remedy to remove a Lis Pendens would be an action to Quiet Title and for Slander of Title against the person filing the Lis Pendens. It would require a lawsuit and court hearings.

	Subject File a release Date Tue Jun 24 2008 14:36 Author jean (linda189380@yahoo.com)
Couldn't we just have the plaintiff (the owner) file a release of lis pendens? The defendant who is making this claim of ownership to the property filed this but that seems backwards to me. Wouldn't she be the plaintiff?

	Subject Release Possible Date Wed Jun 25 2008 15:44 Author Maury D. Beaulier
Yes. If they are willing to do it volutarily, that is an option.

Subject 7 day money back guarantee Date Fri Jun 27 2008 20:33 Author ring buyer (tazmsp@hotmail.com)

I recently purchased a diamond ring from a small, local jeweler for approx. $5,500. The store maintains an extremely small inventory. So small, in fact, that almost any ring a person would want to buy would have to be constructed by the jeweler. I ordered a diamond solitaire, with a karat weight of about 1.07, a 2 millimeter wide band made with white gold, and a crown made with six pewter prongs with room for guards. This may sound unique, but there are dozens, if not hundreds, of similar rings at the Burnsville Mall. However, I felt that I could get the ring cheaper at the local jewelry store. I also told the jeweler that my fiancee wears a size 6.5 ring, and would not be in to have it measured, because she lives out of state. I left a down payment of $2,500. When I picked up the ring, I traded in a $500 ring that I had purchased from this same jeweler 3 years earlier, and wrote a check for the balance. The next day, I flew to Baton Rouge to give the ring to my fiancee. Upon inspection, we noted that the band was very small, both in width and depth. The band also had a yellow tint to it. The crown was also set too low, and, therefore, could not be used with guards. I returned the ring to the jewelry store, and the clerk on duty called the owner. The owner told her to tell me to bring the ring back in 2 days, and that he would refund my money on that day. This would have been 9 days after the sale date. By that time, the owner had told us 11 different lies/misrepresentations. Therefore, it seemed clear to me that the owner was simply stalling to make me miss the seven day window. I left the ring with the clerk, because it was the seventh day after the purchase date, and then stopped payment on my second check, as I was certain that the owner would not honor the seven day money back guarantee. When I went into the store two days later, the owner said that he could not take the ring back, because it was a special order. I filed a complaint in Conciliation Court today. I am curious how the Court would interpret "special order". As mentioned above, the style is not at all unique. There are dozens, if not hundreds, of similar rings at the Burnsville. It's only because the jewelry store maintains an extremely small inventory that it was necessary to have it made for us. At present, the jeweler has my down payment of $2,500, my traded-in ring worth $500, and the ring the store made. I feel that he has been unjustly enriched, as he has both the ring and my $3,000. It's my understanding that the implied warranty of merchantability requires that the merchandise reasonably conform to an ordinary buyer's expectations. When I had the band measured, it was 1.1 millimeter at the bottom, and 1.5 millimeters at the top - no where near the 2 millimeters that we ordered. The difference was obvious, when we held the ring next to 2 mm bands at other stores. The ring was so poorly manufactured that my fiancee did not want to wear it, and I did not want her to wear it. Hence, it did not meet our expectations, and I feel that are expectations are reasonable (i.e., a white gold band should be made out of white gold, and a 2 mm band should measure 2 mm). We also learned that the ring band had a yellow tint because the jewelry maker used a cheap alloy with a yellow tint rather than white gold. Also, the ring would not accommodate guards. We specifically said that they needed to leave room for guards. I am wondering if this is a violation of the implied warranty of fit for a particular purpose. I also wonder if I would have much luck arguing that this was not a "special order" per se, since it is a very common setting. The store had similar rings with smaller stones, but I wanted a larger stone. In my mind, a special order would be some setting that you would not find in any jewelry store. Thank you for your time. In doing some research, I found that there have been many complaints against this jeweler, and the store has an "unsatisfactory" rating with the BBB in Minnesota and North Dakota. I also found many cases on the Internet where the jewelry store owner was the defendant. In every case, the defendant lost. In one case, the judge stated that the "Defendant is untrustworthy and financially irresponsible". I am wondering if you have any additional advice, and/or if you think that I'll be successful in Conciliation Court. Of course, collecting the judgment debt, if I won, would also be very difficult.

Subject Contract Terms Date Sat Jun 28 2008 22:31 Author Maury D. Beaulier

There is no easy answer to your question. Any written agreements would be critical, particularly if they indicated it was a special order. Whether it was a special order or not, if the ring did not conform with the contract terms, it would be a breach of the contract and you would stand a good chance of prevailing, If those contract terms were not written out somewhere, it becomes a determination of credibility by the Conciliation Court Referee.

	Subject Unemployment Appeal Date Mon Jun 30 2008 07:18 Author Laura (sns128@yahoo.com)
My unemployment was given after I was terminated. Now my employer is appealing the decision. He is not adding anything new just stating what he stated the first time again. What are the chances that the determinatin will be overturned?

	Subject No Information Date Mon Jun 30 2008 08:15 Author Maury D. Beaulier
Without knowing the legal issue bveing challenged or the facts, it is impossible to assess.

	Subject Willful Misconduct Date Mon Jun 30 2008 08:30 Author Laura (sns128@yahoo.com)
The employer is claiming willful misconduct. This is the same claim he made on the original paperwork for determination.

	Subject Argue the Case Date Mon Jun 30 2008 22:08 Author Maury D. Beaulier
That provides little in the way of information. If this is an initial review of a former determination that would mean it is De Novo - meaning new. That means you must argue your case.

Subject Need more advice on lis pendis Date Mon Jul 7 2008 20:35 Author jean (linda189380@yahoo.com)

I need a little more info on this lis pendens that was filed on a property I have listed for sale (a foreclosure). The front page of the document is from a lawsuit in Hennepin Cty but the defendent filed this in Scott Cty, I've already called Scott Cty and they said they don't look at what is filed...they just take the money. Now I need to know if a POA for the seller can request a copy of the original lawsuit from the seller's lawyer. This lawyer is trying to have me pay $5500 to release this lis pendens. The 'renter' who filed these false docs. wants $15,000 from me (the broker) to release the lis pendens. This all seems like some type of extortion. I would let this go to sheriff sale but this is a $1M+ property that has an agreement from the lender to settle for much less, which is very rare. What should I do and what can I legally do to get this false lis pendens released?