Legal Question in Employment Law in Minnesota
Hello,
My case/Situation:
An employer hired me on 1099 for 5 weeks at an hourly rate of 42 per hour. I worked with them for 3 days and I was fired post 3 days and they gave me the reason that quality of my work was really good but they were expecting someone to have lot more experience. Its been over a month they never paid me for those 3 days and on the top of that they mailed me the contract papers which has some original content missing and they are still holding on to the original papers signed by me which says there is a non-compete with clients for 1 year. I trusted the company and continued working for them for 3 days before the contract papers were signed by both the parties. In my case, I signed and provided them the contract papers.Basically this company is in a win-win situation holding 3 days salary of mine and also signed contract papers by me which says I cant work with any of their client for 1 year.
My question is isn't it illegal on company's part to hold my 3 days payment and original contract papers signed by me.
1 Answer from Attorneys
Their contract should be AVOIDED for lack of consideration and breach of contract.
I would need to review documents signed to advise with assurance, but you may also have statutory claim for Wage Penalties ( 14 days X Avg. Daily Wage).
Call or email for further assistance.
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