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Excessive Use of Overly Broad Non-Compete Agreements being Called into Question

March 14, 2016/in Blog

Non-compete agreements, a certain type of restrictive covenant, have been somewhat common between employers and employees for decades. But the use of non-competes, particularly very broad and restrictive ones, has spread expansively in recent years. Initially designed to be a fair tool for employers to maintain certain key trade secrets and essential client bases, non-competes […]

Minnesota Supreme Court Clarifies that Whistleblowers Have 6 Years to File Claim

January 30, 2016/in Blog

What is the statute of limitations for a whistleblower claim in Minnesota? That was the question posed to the Minnesota Supreme Court in Ford v. Minneapolis Public Schools. In a unanimous decision, the Court has ruled that whistleblowers have six years to bring a lawsuit against an employer under the Minnesota Whistleblower Act (“MWA”). […]

Excessive Use of Overly Broad Non-Compete Agreements being Called into Question

March 14, 2016/in Blog

Minnesota Supreme Court Clarifies that Whistleblowers Have 6 Years to File Claim

January 30, 2016/in Blog

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Excessive Use of Overly Broad Non-Compete Agreements being Called into Question

March 14, 2016/in Blog

Initially designed to be a fair tool for employers to maintain certain key trade secrets and essential client bases, non-competes were originally contracts that employees voluntarily entered into and were paid a fair amount in exchange for doing so. Over the years, however, non-competes have become virtually mandatory and restrict employees from being able to leave their employer in exchange for nothing—typically only in exchange for “continued employment,” which is essentially value-less when employment is “at will.”

Moreover, while non-competes used to be limited to certain fields—such as highly technical scientific or intellectual property fields, or valuable high-level sales roles—they are now becoming common place in almost every conceivable area of work, from delivery drivers to journalists to hair stylists.

The proliferation of non-compete agreements, and their use as a tool to pressure employees into staying for worse terms and conditions of employment are finally starting to be called into question. As a recent article notes, the use of non-competes is becoming “outrageous,” and is catching the attention of attorneys general, the media, and hopefully courts as well.

Non-competes have historically been enforced quite strictly and rigidly, especially in Minnesota. If you are asked to sign a non-compete, or if you have already signed one and have questions about it, please contact us today because there are many nuances and laws that may apply, and the field may be changing significantly in the near future.

Minnesota Supreme Court Clarifies that Whistleblowers Have 6 Years to File Claim

January 30, 2016/in Blog

What is the statute of limitations for a whistleblower claim in Minnesota? That was the question posed to the Minnesota Supreme Court in Ford v. Minneapolis Public Schools. In a unanimous decision, the Court has ruled that whistleblowers have six years to bring a lawsuit against an employer under the Minnesota Whistleblower Act (“MWA”).

In Ford, the employee reported unethical and illegal activity in her department and, shortly thereafter, on April 22, 2008, was notified that her position would be eliminated at the end of the school year. Her last day of work was June 30, 2008, and she began her lawsuit on June 29, 2010. The Minneapolis Public Schools sought to dismiss her case by arguing that a two year statute of limitations applies to the MWA and the clock began to tick the moment she learned of her termination. The Supreme Court agreed that the statute of limitations began to run in April, the moment she learned of her termination, but that a six-year statute of limitations applies to the MWA. The decision can be found here.

Every law that protects employees has its own statute of limitation, which can range from ten days to six years. Employees must take action within the appropriate statute of limitations or they likely will forfeit any opportunity to do so in the future.

If you feel you have been treated unfairly at work, do not risk a statute of limitations deadline and contact the attorneys at Teske Katz Kitzer & Rochele Micko for a consultation right away.

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