Bertelson Law Office, P.A. 2025-06-17T09:17:21Z https://www.bertelsonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1302033/2019/10/cropped-site_identity-32x32.jpg by Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52652 2025-05-23T14:36:39Z 2025-05-23T14:36:39Z

On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52621 2023-09-13T08:53:33Z 2023-07-12T20:54:05Z

On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52594 2023-09-13T08:53:38Z 2023-05-30T14:42:17Z

before July 1, 2023 remain enforceable in Minnesota.]]> On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52590 2023-09-13T08:53:43Z 2023-03-14T18:53:40Z

On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52296 2023-09-13T08:53:49Z 2023-01-18T21:45:40Z

The Wall Street Journal, Workplace Report, dated January 18, 2022.  Authored by Stephanie Forshee, a New York-based freelance writer. Video-editing company Kapwing Inc. co-founder Julia Enthoven began to receive emails last summer from people who were thrilled to have landed dream jobs at her company. The catch: Those jobs didn’t exist. The candidates were victims of job recruitment fraud perpetrated by cybercriminals who posted fake job ads, interviewed candidates while posing as recruiters and made job offers—all to gain personal financial information. “It makes me really sad that video editors are the targets because those are people who we want to support and we want to give back to,” Ms. Enthoven said. In the era of many workplace tasks being done remotely, including recruitment, job scams that target laid-off workers are on the rise, said Kati Daffan, assistant director of the division of marketing practices at the Federal Trade Commission. Companies and human-resources departments are especially vulnerable to such impersonation. In recent months, job seekers faced offers from scammers posing as recruiters from a range of employers, including Wells Fargo & Co., Costco Wholesale Corp. and Levi Strauss & Co. “This is a pervasive problem,” Ms. Daffan said. “Unfortunately, if it hasn’t happened to a particular company, it could at some point.” The FTC received more than 53,000 job scam reports in the first three quarters of 2022. Roughly $249 million was lost during that same time period, according to the FTC data. And at least one victim handed over their date of birth, address and bank name, according to a complaint filed with the FTC. In the scam at San Francisco-based Kapwing, the fraudster purported to be Ms. Enthoven and reached out to applicants offering them $90-per-hour video editor positions that didn’t exist. “There were definitely people who were excited about the opportunity,” Ms. Enthoven said, adding that such scams put job candidates “in a vulnerable place.” Many of the candidates the scammer contacted said they began to grow suspicious and reached out to Kapwing executives. Ms. Enthoven described the experience in a blog post and shared it on social media, including LinkedIn and Twitter. The mass outreach was intended to warn job candidates and deter scammers. In another job scam, fraudsters targeted SmartBug Media Inc., an Irvine, Calif.-based marketing agency. Jen Spencer, its chief executive, warned job applicants in a LinkedIn post. In some cases, impersonators used the real names of SmartBug employees. They set up interviews that lasted up to two hours. The scammers would then extend “fake” job offers, tell the individuals they needed to buy equipment, such as a work laptop, and send a copy of a blank check for payroll purposes. The goal was to steal personal financial information. Ms. Spencer heard from victims who had quit their jobs only to learn that the opportunity at SmartBug wasn’t real. Victims of fake-check scams on average lost $2,300, based on 2020 data, Ms. Daffan said. Ms. Spencer said her team directed people to SmartBug’s careers page to match victims with real current openings. The company also considered installing monitoring software that would cost $35,000 annually and that would alert the company if domains with similar web addresses are created. But the cost was too much for the small business, and she decided against the service. And as The Wall Street Journal reported last week, laid-off tech workers have increasingly been baited by job scammers seeking financial and personal information. But the scams reach far beyond the tech industry. Aerospace company Boeing Co. and drugstore chain Walgreens Co., for instance, have blanket statements about warning signs for employment and recruitment scams. Wells Fargo, Costco and Boeing declined to comment. Levi Strauss didn’t respond to a request for comment, while Walgreens said: “We have not seen any impact on our hiring and the disclaimer is there for awareness for potential job seekers.” Many of these companies have used social media to spread awareness about the issue. Levi Strauss’s HR professionals warned on LinkedIn that they were dealing with incidents of employment scams last summer, and encouraged applicants to report these scams to the FTC or Federal Bureau of Investigation. According to the Better Business Bureau, many fake jobs are posted on job sites such as Indeed.com, which has received 32% of known scams, and LinkedIn, with 7%. “Indeed removes tens of millions of job listings each month that do not meet our quality guidelines,” the company said. “In addition, Indeed will not do business with an employer if their job listings don’t pass our stringent quality guidelines.” LinkedIn said it uses both automated and manual defenses to protect members. Both sites say they vet job posters and listings and encourage candidates to report suspicious posts to authorities. Many job seekers encounter challenges when looking for and applying to jobs, with 36% citing job scams as a major frustration. A recent survey by job search advice site Job-Hunt and online job site FlexJobs shed some light on the top frustrations job seekers encounter. The study surveyed more than 2,200 people between February and March 2022. Other major sources of dissatisfaction for job seekers:

• Half of respondents (50%) said not hearing back from employers is the No. 1 job search frustration
• 42% said they are frustrated by jobs offering low salaries
• Nearly 40% said they find it frustrating when a job posting required qualifications or degrees that might not affect the ability to do the job
• 38% said applying for a job can be a lengthy process
• Not finding jobs that they qualify for (32%)
• Formatting application materials for applicant tracking systems (25%)
• Not finding jobs at companies they want to work for (25%)
• Not finding jobs in industries they’re interested in (21%)
• Not being able to identify the hiring manager (15%)

Access the full report.]]> On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52295 2023-09-13T08:53:54Z 2023-01-12T15:08:52Z

proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice, the agency estimates that the new proposed rule could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans. The FTC is seeking public comment on the proposed rule, which is based on a preliminary finding that noncompetes constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act. “The freedom to change jobs is core to economic liberty and to a competitive, thriving economy,” said Chair Lina M. Khan. “Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand. By ending this practice, the FTC’s proposed rule would promote greater dynamism, innovation, and healthy competition.” Companies use noncompetes for workers across industries and job levels, from hairstylists and warehouse workers to doctors and business executives. In many cases, employers use their outsized bargaining power to coerce workers into signing these contracts. Noncompetes harm competition in U.S. labor markets by blocking workers from pursuing better opportunities and by preventing employers from hiring the best available talent. “Research shows that employers’ use of noncompetes to restrict workers’ mobility significantly suppresses workers’ wages—even for those not subject to noncompetes, or subject to noncompetes that are unenforceable under state law," said Elizabeth Wilkins, Director of the Office of Policy Planning. “The proposed rule would ensure that employers can’t exploit their outsized bargaining power to limit workers’ opportunities and stifle competition.” The evidence shows that noncompete clauses also hinder innovation and business dynamism in multiple ways—from preventing would-be entrepreneurs from forming competing businesses, to inhibiting workers from bringing innovative ideas to new companies. This ultimately harms consumers; in markets with fewer new entrants and greater concentration, consumers can face higher prices—as seen in the health care sector. To address these problems, the FTC’s proposed rule would generally prohibit employers from using noncompete clauses. Specifically, the FTC’s new rule would make it illegal for an employer to:

• enter into or attempt to enter into a noncompete with a worker;
• maintain a noncompete with a worker; or
• represent to a worker, under certain circumstances, that the worker is subject to a noncompete.

The proposed rule would apply to independent contractors and anyone who works for an employer, whether paid or unpaid. It would also require employers to rescind existing noncompetes and actively inform workers that they are no longer in effect. The proposed rule would generally not apply to other types of employment restrictions, like non-disclosure agreements. However, other types of employment restrictions could be subject to the rule if they are so broad in scope that they function as noncompetes.  ]]> On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52230 2023-09-13T08:53:57Z 2022-04-13T20:55:36Z

Remember You Bring Unique Skills to Your New Company. 

Your expertise and skills give you leverage to negotiate your employment relationship before it starts.  Smart companies will want to lock in your talent.

2. The Contract’s Description of your Duties, Title, and Reporting Structure Matters.

Defining your job duties avoids potential misunderstandings later.  The job title you hold now could impact your future employment.  If you decided to accept the position because you understood you would be reporting to a particular person, is that person outlined in your contract.

3. Be Alert to Vague Compensation Language.

Executive compensation is more than just salary and health benefits.  Executive compensation can include equity in the company, paid time off, car and smartphone allowances, payment of fees for professional organizations, among others. Does the contract specify when stock options, RSU’s and other equity will be received?  Does the contract spell out the vesting schedule?  What are the terms for bonus payments? What happens to these benefits when your employment ends?

4. Take Restrictive Covenants Seriously.

Restrictive covenants such as non-competes and non-solicitation agreements can negatively impact your future career, possibly restricting your post-employment job search.  Do not take such restrictions lightly.  Courts often uphold such restrictions.  Before signing an agreement, make sure the language will not put you on the “bench” after your employment with this company is over.

5.  Think About the End at the Beginning.   

No one likes to think about the end of an employment relationship.  Unless there is language in the agreement to protect you, a company can end your employment at any time without compensation.  An experienced attorney can help protect your interests and help negotiate crucial language and future severance payments upfront – before you start your employment. Bertelson Law Offices, P.A. has over 32 years of experience reviewing and strategically negotiating Executive agreements. Because we practice exclusively in employment law, we can provide you with knowledgeable advocacy.  We get to know you well and provide personal service for your individual needs and goals. As experienced employment law attorneys Bertelson Law Offices will negotiate your Executive Employment Contracts by identifying areas of concerns, protecting your interests and your career in the long-term. At Bertelson Law Offices, P.A. you will receive personal and assertive advocacy. Please feel free to contact us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or by email at beth@bertelsonlaw.com and andrea@bertelsonlaw.com.  ]]> On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52227 2023-09-13T08:54:02Z 2022-04-05T14:23:32Z

Ward v. Delta Airlines, A21-0932, (Minn. Ct. Apps. April 4, 2022). In March 2020, Delta Airlines placed employee Teresa Ward on a paid leave of absence due to the Covid-19 pandemic.  Ms. Ward had worked for Delta for 13 years in customer service. In June 2020, Delta offered its employees a voluntary severance package if they chose to leave the company.  According to Ms. Ward, Delta had told employees they could voluntarily leave the company and get a severance package to prevent being possibly being laid off and receiving no severance.  Delta told employees that if not enough people volunteered to leave and accept the severance package, there would be forced layoffs and those laid off employees would not receive a severance package.  Ms. Ward did not know if she would have been one of those employees laid off.  Not knowing if she would be out of a job with no money, Ms. Ward chose to voluntarily resign in order to receive the severance package. Under Minnesota unemployment laws, an employee who quits their employment is generally not eligible for unemployment benefits.  One exception is if there is a “good reason” caused by the employer.  The Minnesota Court of Appeals determined that, Ms. Ward did not have a “good reason” for quitting her employment caused by Delta Airlines.  As a result, Ms. Ward was not eligible to receive unemployment benefits. Minnesota’s unemployment law statute contains a provision stating,  “notification of discharge in the future, including a layoff because of lack of work, is not a good reason caused by the employer for quitting.”  Minn. Stat. §268.095, subd. 3(e) (2020).    Minnesota’s unemployment law statute also states, “An employee who has been notified that the employee will be discharged in the future, who chooses to end the employment while employment in any capacity is still available, has quit the employment.”  Minn. Stat. § 268.095 subd. 2(c) (2020). The Court found Ms. Ward’s situation was similar to one in which an employee quits after notification of a future discharge.  In that case, the employee who quits before the employment end date set by the employer is not eligible for unemployment benefits. If you find yourself in this situation, call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or email us at beth@bertelsonlaw.com and andrea@bertelsonlaw.com.  We over 30 years of experience advising employees on their options and proactively helping employees with work situations.  ]]> On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52019 2023-09-13T08:54:06Z 2022-01-11T15:34:26Z

beth@bertelsonlaw.com for assistance with your employment contract.]]> On Behalf of Bertelson Law Office, P.A. https://www.bertelsonlaw.com/?p=52017 2023-09-13T08:54:10Z 2022-01-11T15:33:41Z

Do I have legal claims against my employer

If I sign, will I be subject to a non-compete or other types of restrictions?

If I sign, will I have any ongoing obligations to the employer?

Will my employer pay me for outstanding business expenses?

Will my employer pay me for my bonus?

Will I receive payment for unused Paid Time Off (PTO)?

If I sign the agreement, can I still get long-term disability benefits?

Can I get unemployment compensation benefits?

If I find a new job, will I have to give the money back to the employer?

Bertelson Law Offices, P.A. has over 50 years of combined experience reviewing, evaluating and strategically negotiating severance agreements, separation agreements, buy-out packages, executive agreements and non-compete agreements. If you’re terminated or laid off and given a separation agreement, give us a call at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or email us at beth@bertelsonlaw.com. Because we practice exclusively in employment law, we provide you with knowledgeable and caring experience, as well as personal service for your individual needs and goals. We offer a thorough review to help you determine how your situation would be impacted by signing, or if it would be appropriate to move forward with legal claims or with negotiating changes to the agreement, such as increasing the amount your employer is offering and language changes to the agreement.      ]]>