For Minnesota employment agreements effective on or after July 1, 2023, covenants against competition will be banned. However, covenants not to compete entered into as part of the sale of a business will be enforceable. With this new law, Minnesota joins other states, most notably, California, in the trend to not enforce employment agreements that …
A Minneapolis, Minnesota business attorney knows that pretexting can create liability for the impersonator. In this case, Lawlor worked for NA for a period of time and thereafter began working for NA’s competitor. NA’s attorney, investigating whether Lawlor had violated a noncompetition agreement, retained a private investigator giving him Lawlor’s birth date, address, phone numbers, …
Minneapolis, Minnesota business attorneys and lawyers know that contracts for an indefinite period are terminable at will by either party upon giving reasonable notice to the other party.”To determine the terms of a contract — so as to determine definiteness — this Court applies an objective standard:It is fundamental that contract “law has nothing to …
Minneapolis, Minnesota lawyers and attorneys know that valid noncompete agreements are upheld but if they are unreasonable they are not. As has been eloquently stated, “A naked assignment or agreement to assign, in gross, a man’s future labors as an author or inventor[—]in other words, a mortgage on a man’s brain, to bind all its …
valid noncompete agreements are upheld but if they are unreasonable they are not Read More »
Minnesota business lawyers know that Statute Section 181.970 provides: “An employer shall defend and indemnify its employee for civil damages, penalties, or fines claimed or levied against the employee, provided that the employee . . . was acting in the performance of the duties of the employee’s position.” Minn. Stat. § 181.970 U.S. Bancorp, Plaintiff, …
Minnesota business lawyers should be aware of the the Computer Fraud and Abuse Act. The Act, 18 U.S.C. § 1030 allows persons or businesses to sue those that injured them, which may include former employees. The Act prohibits (1) the unauthorized accessing (2) of a “protected” computer (3) with the intent either (a) to obtain …
When an employer in the construction industry encourages its employee to resign her employment and form a limited liability corporation (LLC), but does not inform the employee that she will no longer be eligible for unemployment benefits once she does so, the employer’s failure to so disclose constitutes good reason to quit caused by the …
We are often asked whether specific noncompete agreements are enforceable. The answer is that it depends. Generally, in Minnesota, noncompete agreements are enforceable, if they are reasonable. To determine the reasonableness of a noncompete agreement, the court considers: (1) whether the restraint is necessary for the protection of the business or goodwill of the employer, …
Minnesota employment lawyers know that a negligent-infliction-of-emotional-distress claim succeeds “when that plaintiff is within a zone of danger of physical impact, reasonably fears for his or her own safety, and consequently suffers severe emotional distress with resultant physical injury.” This opinion will be unpublished and may not be cited except as provided by Minn. Stat. …
Minnesota business lawyers and employment lawyers know that discrimination claims must be well supported. Reasons for an employee termination because she has provided direct evidence that they acted with discriminatory animus is not conclusive if the record does not support the argument. Rather, in this case, the employer has proffered a legitimate, nondiscriminatory reason for …
