Employee Disputes

YOUR EMPLOYEE DISPUTE RESOLUTION CONSULTANT

Employee Disputes

Various factors can cause employment issues and can be claimed by both the employer and employee. This can include a breach of the nonsolicitation contract, meaning the employee who left the company cannot use the company’s customers for personal gain or badmouth the company. If the contract for commission-based employees does not explicitly outline when and how the commission is paid, it can unknowingly lead to employer liability based on Minnesota law. It is critical that when contracts are required for employees it is created and implemented correctly so the employee is aware of their expectations while the employer remains protected.

Minnesota Construction Law Services understands the numerous roles general contractors must assume, including the difficulties of being a business owner and employer. Our attorneys for employment issues will represent you and your business during the resolution process that will enforce your rights as a contractor while putting your business at front of mind.

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PROCESS

What is our process?

Step One: Suing or being sued?

First, we have to determine if we are the ones suing or if we are the ones being sued. If we are on the offense, we spend more time on steps 2 and 3 to resolve the dispute or draft a plan. If we are on the defense, our time is limited and instead strategize accordingly.

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Step Two: The pre-suit dispute resolution

We take the best action that will benefit your business, or what MNCLS calls the “business solution.” We try to find a way to avoid a lawsuit (if we’re on offense) or end it quickly (if we’re on defense) by working with the other party to find a resolution. If a resolution is not possible, we move to step 3.

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Step Three: The planning, research, and drafting

After telling us more about the dispute, we dig deep into the provided documents and the law for extensive research. From there, we come up with our strategy for moving forward and either initiate or respond to the lawsuit. We also gather additional information or data for the case.

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Step Four: The discovery

After the lawsuit has begun, we start the process of finding out what the other side knows and the documents they have through written and in-person discoveries. The purpose of the discovery process is to gauge the opponent’s offense or defense to ensure we are properly prepared.

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Step Five: The motion practice

During the discovery process, we also enter into motion practice. Motion practice is where the attorneys are asking the court to do something, such as dismissing the case, asking the other side to produce a document or answer a question, or excluding a witness or document from the case.

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Step Six: The mediation

The court almost always requires an alternative dispute resolution. At MNCLS, we always participate in mediation unless arbitration is required by the court or the contract. Mediation is similar to our pre-suit dispute resolution, but it is done in front of a neutral party to establish a resolution without the use of litigation.

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Step Seven: The pre-trial

Pre-trial preparation involves not only preparing our argument for trial but organizing all of our court documents, providing our witnesses with notice, drafting our jury instructions and verdict form, and many other final details to prepare for a favorable trial.

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Step Eight: The trial

A trial can range from one day to several weeks. Most cases that we have are between 1-5 day trials. The number of days at trial depends on the dispute, whether we were able to narrow issues down through our motion practice and the number of documents and witnesses.

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Employee Disputes

Common Issues

In Minnesota, oftentimes law firms will take on employer-employee disputes because the statute will pay for the attorney’s fees. Lawyers that deal with employment issues and treat the case as a paycheck rather than a business decision will file the case assuming the employer will eventually be forced to pay, therefore receiving money from the case. An employer-employee dispute can be a costly and prolonged process if not handled by experienced attorneys. At MNCLS, we care more about the contractor’s business than any personal reward.

Do I need a contract for my employees?

A contract is not required for a typical employee, referred to as an employee at will. Instead, you need to have the proper documents and policies in place for employees, such as an employee handbook. If the employee is considered an employee with a contract, then a formal contract is required which includes additional steps and documentation.

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Common Problems