Caldecott & Forro, P.L.C. Law Blog
Limited Liability Company Review-upate Time
Seriously, all businesses formed as a Minnesota limited liability company (LLC) and operating Minnesota Chapter 322B should have their operating and member control agreements reviewed. This is especially true for any LLC with, or contemplating, multiple members....
Protect the Security of Your Credit Bureau Files
Recently Experian (one of 3 credit bureaus) was hacked with 143 million consumer credit files possibly compromised. You may have received a notice to check to see if yours was one of them. Even if it does not now appear as your information was hijacked, that does not...
Small Business Owners Beware Sexual Harassment is a Hazard
Recently you may have read that the Mississippi Dunes Golf Course was found liable for sexual harassment of 4 female employees by its owner. The women were awarded $130,000.00 and a $20,000.00 penalty payable to the state was assessed. However, that’s not the sole...
Controlling Personal Information in a Digital World
There was a time when if clients didn’t write about their misdeeds or talk to someone who was tape recording them, their conversations and comments rarely harmed their legal cases. Today, comments made foolishly or in a moment of anger often horribly damage legal...
Establishing Residency for State Income Tax Purposes
It is common knowledge that the state where a person establishes residency, their “domicile”, can dramatically affect their net after tax income. Some states, such as Texas, Florida, Montana, Alaska, and South Dakota have no income tax. Our neighbor state North Dakota...
Minnesota Supreme Court Rules on Definition of “employment Misconduct” for Denial of Unemployment Benefits
On December 28, 2016, the Minnesota Supreme Court ruled that the statutory definition of employment misconduct (Minn. Stat. § 268.095, subd. 6(a) (2016)) is the “exclusive” definition for determining an employee’s eligibility for unemployment benefits. In so ruling...
Minnesota Supreme Court Rules on Statute of Limitations in Whistleblower Case
On January 20, 2016, the Minnesota Supreme Court ruled that the statute of limitations for bringing a whistleblower claim for a discharge based on a good faith “reporting” of suspected violations of law under the Minnesota Whistleblower Act (Minn. Stat. § 181.932,...
Employers Cannot Sue Employees for Job Negligence
On March 20, 2017, the Minnesota Court of Appeals, in a published opinion, ruled that an employer required to indemnify its employees under Minn. Stat. § 181.790 cannot sue an employee for on the job negligence to recover payment(s) made to a third party. First Class...
Cohabitating and Joint Bank Accounts
Do you have or have you thought about having a joint bank account with your significant other? A recent decision in a United States District Court District of Minnesota points out that a commonly held belief about such joint bank accounts is not entirely true. Dooner...
Planning an Organized End to Life
Among the many gifts you can provide to your loved ones at the end of life is an organized estate. A well-organized estate will help reduce the stress on your family on the occasion of your passing. Begin the process by determining the content, size, and location of...
