Craig w. trepanier
MINNESOTA EMPLOYMENT LAW ATTORNEY CRAIG W. TREPANIER
Minnesota employment law attorney Craig W. Trepanier of the Trepanier MacGillis Battina P.A. law firm in Minneapolis, Minnesota represents both employers and employees in all facets of labor and employment law including:
As a Minnesota employment law attorney, Craig W. Trepanier routinely appears before the state and federal courts, the Equal Employment Opportunity Commission (EEOC), the Minnesota Department of Human Rights (MDHR), the Minneapolis Department of Civil Rights (MDCR), the Minnesota Department of Employment & Economic Development (MDEED), the National Labor Relations Board (NLRB), and other administrative agencies in non-compete, trade secrets, wrongful termination, discrimination, sexual harassment, ADA, ADEA, FLSA, FMLA, Title VII, unpaid wages, drug testing, whistleblower, unemployment compensation, and other Minnesota employment law disputes.
About Trepanier MacGillis Battina P.A. Minnesota Employment Law Firm:
The Minnesota employment law firm of Trepanier MacGillis Battina P.A. represents both employers and employees in all aspects of Minnesota employment law. For more information about the Minnesota employment law capabilities of Minnesota employment law firm Trepanier MacGillis Battina P.A., click on this link to visit www.trepanierlaw.com.
Minnesota Employment Law Website:
The Minnesota employment law firm of Trepanier MacGillis Battina P.A. has established a website devoted solely to Minnesota employment law issues. Visit www.minnesotaemploymentlawfirm.com for a good overview summarizing a variety of Minnesota labor and employment law issues.
Minnesota Employee Handbooks:
For employers, the first step to protecting yourself against employment-related claims is to adopt an effective and legally compliant Minnesota Employee Handbook. Minnesota employment law attorney Craig W. Trepanier can typically draft or update your Minnesota employee handbook for a flat fee. In an age when lawsuits by employees are common, every employer needs a current and effective Minnesota employee handbook that includes an Equal Employment Opportunity policy, sexual harassment policy, at-will employment statement, and many other provisions designed to clearly state the company's policies and help avoid wrongful termination claims. Visit www.minnesotaemployeehandbook.com to answer all of your questions about drafting and enforcing your Minnesota employee handbook or Minnesota personnel policy. Minnesota employment law attorney Craig W. Trepanier has extensive experience drafting Minnesota employee handbooks.
Minnesota Computer Usage, E-mail, and Internet Monitoring Policy:
Minnesota employers should draft and implement a consistent and carefully worded computer usage, Internet, and electronic mail (e-mail) monitoring policy. Without such a policy, employers can face liability under federal and state wiretapping statutes and/or state privacy laws for monitoring employees' e-mail messages. To learn more about your Minnesota computer usage and e-mail monitoring policy, contact Minnesota employment law attorney Craig W. Trepanier. Mr. Trepanier is cited in the article “Employer Liability for Employee Online Criminal Acts” based on his publications concerning employer liability for monitoring employees' e-mail, voicemail, and other forms of electronic communications under federal and state wiretapping laws. Minnesota employment law attorney Craig W. Trepanier has extensive experience drafting Minnesota computer usage, e-mail, and Internet monitoring policies.
Minnesota Personnel Records Act Policy and Compliance:
Under the Minnesota Personnel Records Act, employers must provide employees (and former employees) with access to certain information contained in their personnel files upon request. In addition, the Minnesota Personnel Records Act was amended recently to require employers to provide new hires with a summary of their rights under the Act. Various federal and state laws also impose personnel record-keeping requirements on employers concerning the maintenance of employment-related documents. Navigating the rights and responsibilities of employers and employees under federal and state personnel records statutes can be difficult. To learn more about these various personnel records laws, contact Minnesota employment law attorney Craig W. Trepanier. Mr. Trepanier is familiar with Minnesota and federal personnel record-keeping requirements and is cited in national articles such as "Creating, Maintaining, and Storing Electronic Personnel Records". For more information on the Minnesota Personnel Records Act and how it relates to executives when departing their employer also see Craig W. Trepanier's article, "Guidelines for Executives to Follow When Departing Their Employer."
Minnesota Employment Agreement:
Whether you are an employer or employee, the best way to set forth the terms of the employment relationship is to draft a carefully tailored Minnesota Employment Agreement. Such an agreement can set forth the employee's position, duties, responsibilities, compensation, benefits, and other terms governing the employment relationship. In addition, your Minnesota employment agreement should address whether the employee is employed "at will" or can be terminated only "for cause" upon the occurrence of certain stated circumstances. For key employees, the Minnesota employment agreement should also include non-disclosure, non-solicitation, and non-competition restrictive covenants to protect the employer's confidential information, trade secrets, good will, and customer relationships. Visit www.minnesotaemploymentcontract.com to answer all of your questions regarding Minnesota employment contracts. Minnesota employment law attorney Craig W. Trepanier has drafted numerous Minnesota employment agreements and can help you with your particular situation.
Minnesota Independent Contractor or Consulting Agreement:
Sometimes an employment relationship is not appropriate and the parties will enter into an arms-length independent contractor relationship or consulting agreement. In these cases, the employer and the person providing the services should enter into a written Minnesota Independent Contractor Consulting Agreement. The legal rights and obligations of employees are different than those of independent contractors. Establishing an independent contractor relationship often requires a carefully drafted independent contractor agreement prepared by a knowledgeable attorney. For the employer, improperly classifying the independent contractor can be disastrous and may result in liability for overtime pay, employee benefits, unpaid state and federal income and payroll taxes and penalties, workers' compensation premiums, liability for workplace injuries, and unemployment compensation. Minnesota employment law attorney Craig W. Trepanier has drafted numerous Minnesota independent contractor and consulting agreements and can help customize your unique agreement.
Minnesota FMLA Lawyer:
The federal Family & Medical Leave Act (FMLA) generally covers employers with 50 or more employees. The FMLA allows certain eligible employees to take up to 12 weeks of unpaid leave every 12 months for certain family and medical reasons, including serious health conditions and the birth or adoption of a child. The FMLA was recently amended to allow military service members and their families to take leave under certain circumstances. Employers that are covered by the FMLA must draft a legally compliant FMLA policy and post a notice of FMLA rights. Whether you are an employer or employee, visit www.minnesotafmlaawyer.com to answer all of your questions about the FMLA and similar leave laws in the State of Minnesota such as the Minnesota Parenting Leave Act. Minnesota FMLA lawyer Craig W. Trepanier represents both employers and employees in all aspects of FMLA law.
Minnesota Sexual Harassment Law:
Both federal and Minnesota law prohibit sexual harassment in the workplace. These laws also protect employees who complain of sexual harassment by prohibiting the employer from retaliating against the employee or co-workers who cooperate in a sexual harassment complaint or investigation. There several forms of unlawful sexual harassment, including "hostile work environment" and "quid pro quo" harassment. The legal standards for establishing a valid sexual harassment claim have evolved over the years, particularly regarding whether employers are automatically liable for harassment conducted by supervisors. Minnesota employers should adopt a clearly worded sexual harassment policy that includes effective reporting mechanisms. If the employee fails to report the sexual harassment as required by company policy, the employer may be able to avoid liability for the harassment even if perpetrated by a supervisor. Minnesota sexual harassment law attorney Craig W. Trepanier represents both employers and employees in sexual harassment matters. Mr. Trepanier can draft your Minnesota sexual harassment policy, conduct a sexual harassment investigation, and can also assist employees who have been victimized by sexual harassment. Visit www.minnesotasexualharassmentlaw.com to answer all of your questions about sexual harassment, hostile work environment, and sex discrimination under Minnesota law.
Minnesota Whistleblower Law:
Various federal and state statutes prohibit employers from retaliating against "whistleblowers" in the workplace who report suspected illegal activity internally or to a government agency. These statutes include the federal False Claims Act, under which a "qui tam" action can be brought to recover fraudulent overpayments by the government, the federal Sarbanes-Oxley legislation, the Minnesota False Claims Act, and the Minnesota Whistleblower Act (among others). In addition, a variety of laws such as Title VII, the Minnesota Human Rights Act, and the Minnesota Occupational Safety and Health Act (OSHA) prohibit employers from retaliating against employees who bring various complaints in the workplace. Minnesota employers should include a clearly worded whistleblower policy and reporting procedure in their Minnesota employee handbook. Employees who have "blown the whistle" -- or are thinking about doing so -- should consult with a Minnesota whistleblower attorney about their legal rights in order to minimize the risk of retaliation. Visit www.minnesotawhistleblowerlaw.com to answer all of your questions about federal and Minnesota whistleblower laws and an employee's legal remedies for termination of employment or in retaliation for "blowing the whistle." Minnesota employment law attorney Craig W. Trepanier has experience litigating a variety of whistleblower claims in the Minnesota courts.
Minnesota Wrongful Termination Lawsuits:
When the relationship between employer and employee is terminated on bad terms, often the result is a wrongful termination of employment lawsuit filed by the employee. The Minnesota employment law firm of Trepanier MacGillis Battina P.A. represents both employers and employees in Minnesota Wrongful Termination Lawsuits of all kinds, including those involving race, sex, age, disability, national origin, pregnancy, sexual orientation, religious, and other forms of unlawful discrimination; sexual harassment; racial harassment; hostile work environment; retaliation and reprisal; whistleblower; defamation; breach of contract; and other forms of wrongful termination lawsuits. Minnesota wrongful termination attorney Craig W. Trepanier routinely represents employers and employees in the state and federal courts, before the Equal Employment Opportunity Commission (EEOC), Minnesota Department of Human Rights (MDHR), Minneapolis Department of Civil Rights (MDCR), and other state and federal agencies. The offices of Minnesota employment law firm Trepanier MacGillis Battina P.A. are connected to the federal courthouse, two blocks from the Hennepin County courthouse, and near many state, federal, and local employment law agencies such as the EEOC, Minneapolis Department of Civil Rights, and the National Labor Relations Board. Visit www.minnesotawrongfultermination.com to answer all of your questions about Minnesota wrongful termination, harassment, unlawful discrimination, and constructive discharge. Minnesota employment law attorney Craig W. Trepanier has extensive experience representing both employers and employees in wrongful termination claims.
Minnesota Separation Agreements, Minnesota Severance Agreements, and Releases of Employment Claims:
When the employment relationship between employer and employee ends, the parties may negotiate the terms of a separation agreement or severance agreement. Sometimes, the employer has adopted a formal severance pay plan that requires the company to pay the employee severance pay upon termination of employment without cause. In other cases, the employer merely has a pattern or practice of entering into separation agreements in order to minimize the risk of employment litigation by requiring the employee to release all legal claims in exchange for the severance pay. Finally, the employer may not have offered a severance package to the employee, but the employee may have the leverage to negotiate for one. Whether you are an employer or employee, consult with Minnesota employment law attorney Craig W. Trepanier before entering into a Minnesota employment separation agreement or Minnesota severance agreement. These are very specialized agreements that should be reviewed with a Minnesota employment law attorney. Visit www.minnesotaseparationagreement.com to answer all of your questions about Minnesota separation agreements, Minnesota severance agreements, and Minnesota releases of employment claims. Minnesota employment law attorney Craig W. Trepanier has extensive experience representing both employers and employees in drafting and negotiating separation agreements.
Recovering Minnesota Unpaid Wages and Minnesota Unpaid Commissions:
For employees, especially those paid on a commission basis, disputes can arise over unpaid wages or commissions. In some cases, the employer and employee may simply disagree in good faith over the amount of unpaid wages owed. In other cases, the employer may intentionally withhold earned wages, commissions, or refuse to provide the employee with a final paycheck or payment for accrued but unused vacation time or paid time off (PTO) upon termination. Minnesota employment law attorney Craig W. Trepanier can help recover your Minnesota Unpaid Wages and Commissions. Under Minnesota law, employees may be entitled to recover the unpaid wages along with a statutory penalty, interest, and attorneys fees under Minnesota Statutes 181.13, 181.14, 181.145, and other statutes. If you have a claim for Minnesota unpaid wages or commissions, consult with an experienced Minnesota employment law attorney to protect your rights. If you have a strong case, Minnesota employment law firm Trepanier MacGillis Battina P.A. will consider taking your case on a "contingency" basis; meaning that you pay no legal fees unless there is a recovery, in which case the law firm will keep a negotiated percentage of the money recovered. Visit www.minnesotaunpaidwageslaw.com to answer all of your questions about an employer's obligation to pay wages in the State of Minnesota and an employee's legal remedies for the non-payment of wages or commissions. Minnesota employment law attorney Craig W. Trepanier has extensive experience litigating claims for unpaid wages, unpaid commissions, breach of sales representatives agreements, and breach of contract.
Minnesota Sales Representatives Law:
Minnesota has adopted legislation to protect certain independent contractor sales representatives from termination or non-renewal of their Minnesota sales representatives agreements. Minnesota sales representative lawyer Craig W. Trepanier represents manufacturers, principals, and sales representatives under the Minnesota Termination of Sales Representatives Act and in a variety of other legal issues that affect Minnesota sales representatives, including formation of sales rep firms, drafting sales rep contracts, and litigating claims for unlawful termination of sales rep agreements, non-renewal of sales rep agreements, and to recover unpaid commissions. Visit www.minnesotasalesrepresentativelawyer.com to answer all of your questions about Minnesota sales representatives laws governing termination, non-renewal, commissions, and mandatory arbitration, including detailed discussion of the Minnesota Termination of Sales Representatives Act. Minnesota sales representative lawyer Craig W. Trepanier has experience handling the unique legal matters that affect Minnesota sales representatives.
Minnesota Shareholder Dispute Law:
Minnesota employment law attorney Craig W. Trepanier represents minority shareholders in minority shareholder disputes including wrongful termination of employment, breach of fiduciary duty, unfairly prejudicial conduct, buy-out motions, and shareholder derivative actions. Under some circumstances, shareholders of a closely held corporation or LLC in Minnesota may have reasonable expectations of continued employment such that terminating their employment may violate fiduciary duties owed to the shareholder. Visit www.minnesotashareholderdisputelaw.com to answer all of your questions regarding Minnesota shareholder disputes, business partnership disputes, and ownership disputes in closely held Minnesota corporations, LLCs, and partnerships, including discussion of minority shareholder rights lawsuits, shareholder "squeeze out", shareholder "freeze out", oppressive conduct, equitable buy-out, court-ordered buyout, and Minnesota minority shareholder lawsuits and litigation tactics under Minn. Stat. § 302A.751 and Minn. Stat. § 322B.833. Disputes regarding the employment status of minority shareholders can often be avoided by drafting a clearly worded Minnesota Buy-Sell Agreement and/or Minnesota Employment Agreement. Minnesota shareholder dispute attorney Craig W. Trepanier has experience handling Minnesota minority shareholder disputes and litigation.
Minnesota Non-Compete Law:
Minnesota employment law attorney Craig W. Trepanier has extensive experience representing employers and employees regarding non-compete agreements and Minnesota non-compete litigation. Visit www.minnesotanoncompetelaw.com to answer all of your questions regarding Minnesota non-compete agreements, Minnesota non-solicitation agreements, Minnesota non-solicitation agreements, Minnesota non-disclosure agreements, restrictive covenants, breach of fiduciary duty, breach of the duty of loyalty, unfair competition, temporary restraining orders (TROs), temporary injunctions, and Minnesota non-competition lawsuits and litigation.
Minnesota Trade Secrets Law:
Minnesota employment law attorney Craig W. Trepanier has extensive experience representing employers and employees regarding trade secrets protection and litigation. Visit www.minnesotatradesecretslaw.com to answer all of your questions regarding Minnesota trade secrets, including questions about the Minnesota Uniform Trade Secrets Act (UTSA), how to protect confidential and proprietary business information, breach of the common law duty of loyalty, confidentiality agreements, non-disclosure agreements (NDAs), remedies and damages for misappropriation of trade secrets, temporary restraining orders (TROs), temporary injunctions, and Minnesota trade secrets lawsuits and litigation.
Craig W. Trepanier's Employment Law Presentations and Articles:
In addition to representing employers and employees in the Minnesota state and federal courts, Minnesota employment law attorney Craig W. Trepanier has given numerous presentations on Minnesota employment-related topics. In addition, Mr. Trepanier has been cited in employment law articles across the country. Follow these links for a partial list of Mr. Trepanier's employment law presentations and employment law articles.
Craig W. Trepanier's Bar Association Involvement:
Minnesota employment law attorney Craig W. Trepanier is a member of the Minnesota State Bar Association Labor & Employment Law Section and the Hennepin County Bar Association Labor & Employment Law Section. In addition, Mr. Trepanier handles pro bono unemployment compensation and employment law cases for low income clients through the Volunteer Lawyers Network. Craig brings many years of employment law experience to help represent both employers and employees in every aspect of employment law affecting Minnesota employees.