How an Illegal Employment Policy Contributed to the Death of George Floyd.

Dear Indybay Reader:

You know things get legal when I begin my repertoire with cold greetings and a teletype font colon. Please direct all correspondence directly to me, at this time.

On or about Wednesday, March 31, 2021, the record reflects the following — and I quote directly from an external source which refers to the court record ... “ Martin said Cup Foods had a policy that if an employee accepted a fake bill, the amount would be taken out of their own paycheck ...”

Let us be absolutely clear here —this is a violation of Minnesota law. According to the Minnesota Attorney General, “ An employer may not make wage deductions without the employee’s written agreement except in limited circumstances. (Minn. Stat. §§ 177.24, subd. 4, 181.79.) For instance, the Minnesota Supreme Court ruled that a bar could not take servers’ tips when the cash register was short or customers walked out without paying their tabs. (See Karl v. Uptown Drink, 835 N.W.2d 14 (Minn. 2013)). “

To force employees to incur such a loss, is nothing short of wage theft. The fact that this employee was forced to involve law enforcement such as “Officer Chauvin” to murder George Floyd, to appease the illegal whims of the Cup Food’s management— this is abhorrent and reprehensible. I believe this will offend a jury if it ever saw litigation.

At this time, it is unclear whether or not Cup Foods have any liability for George Floyd’s death. From a civil litigation perspective , it certainly does not appear out of the realm of possibilities. A more clear and objective analysis by competent legal counsel would be appropriate. Hence, this story is a work in progress as your writer reaches out to counsel in Minneapolis. That said, any reader who practices law in Minnesota can lay down an informed opinion.

To be clear, this piece of journalism only seek to explore facts. There is no intent to make unfounded allegations. Allegations should be made by competent legal counsel, on pleading paper. In teletype format.

Cited:
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https://www.ag.state.mn.us/Consumer/Publications/CommonEmploymentIssues.asp