– Legal Insights –
Defamation damages are unusually difficult to prove. A false accusation may circulate through a workplace, professional community, or social circle without producing a receipt for the harm it causes. Prospective customers rarely explain that they chose a competitor because of something they heard. Colleagues may quietly withdraw their trust. Friends...
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It is widely accepted and understood that discrimination against prospective employees based on things like national origin, sex, age, or race, just to name a few, is not permissible. Placing an ad that excludes applicants based on any of these factors would certainly create undesirable consequences. However, some companies are...
In these challenging economic times, many businesses are asking more from all of their employees, including their salaried employees. As a result, many businesses are requiring their salaried employees to work more hours and complete tasks that were previously performed by hourly or temporary employees. For example, a salaried employee...
While teaching a recent class to Boards of Directors of various community associations, many questions were raised regarding leasing within communities and the ability of associations to regulate and/or restrict rentals. These are issues that many communities return to again and again. It was suggested that it would helpful for...
Recently the Minnesota Department of Labor and Industry (“DOLI”), the Federal Department of Labor and the IRS entered into an enforcement partnership to pursue companies that misclassify employees as independent contractors. Then, just days later, the IRS announced a new program intended to assist employers to “voluntarily reclassify” independent contractors...
IT Contracts are not a necessary evil, although many people see them that way. In fact, the only purposes IT Contracts serve are to protect the organization’s investment, expectations and legal and business interests. IT contracting is a process, which consists of three interrelated and interdependent components: Business; Technical; and...
What does it mean to terminate a contract? To terminate a contract means to end the contract prior to it being fully performed by the parties. In other words prior to the parties performing all of their respective obligations required by the contract, their duty to perform these obligations ceases...
The economic downturn resulted in a collision course for non-compete agreements. On the one hand, companies-more than ever – seek to value, protect and safeguard client relationships, including those protected by non-compete agreements. On the other hand, many employees feel the pressure of economic security and remain willing to accept...
Real estate agents are often involved in the discovery of construction defects by their clients during the purchase agreement and inspection phase of a real estate transaction. The Minnesota Supreme Court recently decided the case of Camacho v. Todd and Leiser Homes, A04-599, filed November 23, 2005, which directly affects...
A number of bills were introduced in the Minnesota legislature in the 2011 session that impact community associations. Those that were enacted into law (effective August 1, 2011) include some technical amendments to the Minnesota Common Interest Ownership Act (“MCIOA”) to clarify some of the amendments that were made in...
When someone describes a traumatic brain injury (TBI), most people think of athletes such as those in the NFL or baseball players like Justin Morneau. Thankfully, gone are the days when concussions were seen as minor annoyances and kudos were given to athletes who immediately got back in the game....