Employers should be especially careful in their representations when recruiting someone who must move or is not actively seeking a change of employment. Detrimental reliance on such representations by an applicant who moves or quits an existing job can form the basis of an implied contract. In addition, it is unlawful for an employer to induce an individual to move within Minnesota, or from another state to Minnesota, based upon knowingly false representations concerning the kind or character of the work or the compensation paid. An employer who does so is guilty of a misdemeanor, and the employee is entitled to an action for damages.15 Finally, legal counsel should be consulted regarding the existence of any industry specific statutory requirements. For example, Minnesota law requires employers in the food processing industry to provide written disclosure of the terms and conditions of employment to persons recruited to relocate. The statute allows civil actions and fines.16
CREDITS: This post is an excerpt from An Employer’s Guide to Employment Law Issues in Minnesota, originally produced through a collaborative effort between the Minnesota Department of Employment and Economic Development and Lindquist & Vennum, P.L.L.P.
This post is part of a series of posts on hiring an employee in Minnesota.
15. Minn. Stat. § 181.64, 181.65 (2007).
16. Minn. Stat. § 181.635 subd. 2-4 (2007).