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fired. not paid immediately (Minnesota)

On Lawyer & Legal » Employment & Labor Law

5,141 words with 5 Comments; publish: Thu, 08 Mar 2007 09:51:00 GMT; (80093.75, « »)

The state is: Minnesota

Several issues regarding my recent firing:

I was fired from my job on Monday. I was not paid at the time I was let go. I was told that I would get my last two paychecks on the 15th, and the last day of the month, which is according to how it is that I normally get paid. According to state law, I'm supposed to get paid immediately after being terminated. I am wondering what recourse I have, and who I should contact?

Everyone that I know that was fired or quit from my job has problems getting their last paycheck. A lot of them never get their last paycheck. Others get them, but get shorted hours, etc. Being that I was a salaried employee, I don't have records of my time. If I have problems/issues regarding my last check(s), is there inexpensive/free legal aid that can represent me?

I was a building manager for a property owner. I do not have a clear cut reason why I was let go. However, I know that my employer is going to fight my unemployment claim, even though there was never any warning given to me regarding my job/performance/etc. I filled out the online form for unemployment already. If my employer disputes my unemployment claim, what is the process, and roughly how long will it take? Weeks? Months? FYI, this is based in Hennepin County.

My employer was a slum lord. Two of his properties were on Fox9 news, here in Minneapolis, during the month of February, because his tenants were without heat for six days. There have been hundreds of complaints against him, filed with the city of Minneapolis. From a co-worker who is close with the owner, I have found out that the real reason he wanted me let go was because I "helped" my tenants. The building I was responsible for had no heat or hot water for part or all of at least 25-30 days this winter. Tenants had threated to deduct money from rent, which I advised against. I told them about the process of putting their rent in escrow. I wrote down the process for a tenant, and it was circulated throughout the building. I can't send anything certified mail to him requesting the real reason I was fired. He instructs his office employees not to sign for certified mail, and many times even denies express mail if he doesn't know what it is. Could my termination be wrongful under the whistleblower act?

Related to the previous paragraph, one of the tenants who put their rent in escrow, is taking my employer to court. She tracked down my email, and requested my assistance. From her email:

"we wound up not coming to an agreement with the mediator and then went in front of the referree and now we have to go back in a couple weeks for an actual hearing"

the tenant wants me to show up as a witness for her, at this hearing, because my employer is strongly denying that there is a heat/hot water problem with the building. Is there any reason why I shouldn't go? These tenants' rights have really been abused, and I would really like to help.

Sorry for the book. Thanks, in advance, for your feedback.

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  • 5 Comments
    • Yesterday. But I know that it is going to come back to me, signature refused. What will be my next step?

      Do you mind giving me feedback on the other things that I posted?

      #1; Thu, 08 Mar 2007 10:07:00 GMT
    • Quote:
      === Original Words ===

      any idea how long it will take before unemployment case would make it to court?
      It doesn't go to court. Call umployment and ask the general time frame for responses, OR look on the website that I gave you, and find out.
      #2; Thu, 08 Mar 2007 14:28:00 GMT
    • any idea how long it will take before unemployment case would make it to court?
      #3; Thu, 08 Mar 2007 14:27:00 GMT
    • Also sent it priority mail (or some other way, just ask at the post office) with delivery confirmation. You don't need a signature, but it shows that it was delivered. If you don't receive your paycheck, you don't need to sue. You simply file a claim with the department of labor. He will need a good reason to deny unemployment. There is no reason for you NOT to go to the hearing, but he will probably say that you are a disgruntled ex-employee.
      #4; Thu, 08 Mar 2007 10:10:00 GMT
    • I was just fired (laid off, job ended); when does my employer have to pay me?

      Your paycheck is to be issued within 24 hours of your demand for wages (see Minnesota Statutes 181.13). If you quit, your wages are due within the next pay period which is more than five days after quitting. However, wages must be paid within 20 days of separation (see Minnesota Statutes 181.14). In cases where the discharged or quitting employee was entrusted with money or property during employment, the employer shall have an additional 10 calendar days after the date of the employee s separation to audit the accounts of the employee before the employees wages are to be paid.

      This information was supplied here:

      http://www.doli.state.mn.us/wages.html

      So, when did you make your demand for wages in writing?

      #5; Thu, 08 Mar 2007 09:57:00 GMT