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Swenson Lervick News

Tom Jacobson and Mike Cass Selected to Super Lawyers Lists

Thumbnail image for Tom Jacobson.jpgTom Jacobson has been selected to the 2018 Minnesota Employment and Labor Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the Super Lawyers' research team to receive this honor. This is the third time Jacobson has made this list. Certified by the Minnesota State Bar Association as a Labor and Employment Law Specialist, Jacobson is a shareholder at Swenson Lervick.

How misclassifying an employee can hurt your business

Federal and Minnesota law both require employees to receive certain benefits based on their employment classification. A worker's status determines whether he or she is entitled to overtime, health insurance and other benefits. As an employer, you could experience financial losses due to a classification error.

In many instances, the misclassification may occur due to an honest mistake, but there are cases in which employers will intentionally fail to properly classify an employee in an attempt to avoid providing the benefits and compensation a particular employee deserves. If you are just starting a business, you may want to do your homework before hiring your first employee.

Memorial Day Thanks

Thumbnail image for IMG_2571.JPGSwenson Lervick says Thank You to all who serve or have served in the uniformed services of the USA! We are forever grateful for the sacrifices you have made to protect us and preserve our freedoms.

Donahue Wins Appeal; Appeals Court Rejects "Castle Doctrine" Argument

107_1web cropped.jpgSwenson Lervick attorney and Alexandria Assistant City Attorney Greg Donahue (above) has won the appeal of an assault conviction he obtained following a jury trial in Douglas County, Minnesota District Court. Affirming the conviction, the Minnesota Court of Appeals rejected the defendant's attempt to apply the "castle doctrine" to the common area of the jail where he was incarcerated.

West Central Minnesota Employment Law Update

Registration is now open for the 15th Annual West Central Minnesota Employment Law update to be held June 6, 2018 at Alexandria Technical and Community College.

Is litigation the only choice in employment disputes?

You may have spent months or even years dealing with harassment, discrimination or retaliation at work. Whether it was a manager, a supervisor, a co-worker or all of the above, you suffered long enough and decided to report the activity to your employer. Despite your efforts, you continue to work under intolerable conditions.

Since your employer failed to rectify the situation to your satisfaction, your next step was to go outside your workplace for help. At some point, you realize that you could file a legal action, but you are hesitant to do so. Fortunately, there is an alternative to litigation in employment disputes.

What to do when your paycheck doesn't add up

Your body may tell you that you work hard, but your paycheck may not show it. Some weeks it may seem like you worked a day or two for free, and that may not be far from the truth. If you are noticing discrepancies between what you expected your check to be and the amount you received, you may be one of the countless victims of wage theft.

A recent survey revealed that nearly half of the people questioned about their earnings reported suffering some form of wage theft. However, just because the problem seems overwhelming doesn't mean there's nothing you can do about it. You have a right to the money you worked for.

Postnuptial agreements may save a struggling marriage

When you and your spouse married, the topic of a prenuptial agreement may never have crossed your mind. Maybe you felt you had no reason for such a plan, especially if you had little money and few assets. Perhaps you fully intended to write a prenuptial agreement, but the confusion and stress of planning a wedding put the idea on the back burner until it was too late.

However, it may not be too late. In fact, apparently more married couples are entering into postnuptial agreements, which are similar to their pre-wedding counterparts except that they are signed after you are already married. Of course, the reasons why couples do this are varied and often unique to each couple's situation. However, you may find some commonalities with your circumstances.

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