Collins, Buckley, Sauntry & Haugh, PLLPCollins, Buckley, Sauntry & Haugh, PLLP2026-10-14T09:38:19Zhttps://www.cbsh.net/feed/atom/WordPressby Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[Did your employer retaliate against you for filing a complaint?]]>https://www.cbsh.net/?p=524212026-10-14T09:38:19Z2026-10-14T09:38:19ZWhat activities does the law protect?
Federal statutes protect employees who report discrimination, wage violations or safety hazards. Under Title VII and the Minnesota Human Rights Act (Minn. Stat. § 363A.15), an employee is protected when opposing conduct they reasonably and in good faith believe violates federal or state anti-discrimination laws, even if that belief turns out to be mistaken. Not every complaint qualifies. Protection applies only where the conduct falls within a statute that includes an anti-retaliation provision.
How does retaliation typically appear?
Retaliation often appears as sudden negative changes at work. Common examples include demotions, reduced hours, denied benefits and termination. It can also involve meeting exclusion, hostile treatment or unfair performance reviews.
Courts may consider how soon an employer acted after a protected complaint. However, timing alone does not prove retaliation. Under the McDonnell Douglas burden-shifting framework, the employee must first show a prima facie case. The employer may then give a lawful reason for its decision. The employee must then show that the stated reason is a pretext for retaliation.
What evidence should you preserve?
Strong documentation can determine the outcome of a retaliation claim. Employees who believe they have been retaliated against should gather:
Copies of the original complaint and any responses from human resources or management
Emails, texts and performance reviews that reflect a change in treatment
Notes recording dates, times and witnesses to relevant conversations
Records of duties, schedule and pay before and after the complaint
Together, these materials help establish both the protected activity and the adverse change that followed.
When to speak with an employment attorney
Under federal Title VII, an employee must prove "but-for" causation under Univ. of Tex. Sw. Med. Ctr. v. Nassar; in contrast, under Minnesota state law (such as the Minnesota Whistleblower Act, Minn. Stat. § 181.932), an employee need only show that the protected conduct was a motivating or substantive factor in the employer's decision. Employees who suspect retaliation should consult an employment attorney promptly. Early guidance helps assess whether the facts support a viable claim and what steps are appropriate given the circumstances.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[Can you get your parent’s home back after a caregiver claims it?]]>https://www.cbsh.net/?p=524192026-10-06T12:30:40Z2026-10-06T12:30:40ZMinnesota law protects seniors from unfair deals
First, here is some good news: A signature on paperwork does not automatically make a sale legal. Minnesota courts step in to protect seniors and vulnerable adults, especially those with memory problems like dementia.
When judges review these cases, they ask important questions. Did your parent really understand what they signed? Could they grasp that they were giving away their home? If dementia clouded your parent's judgment, the court might cancel the entire sale. After all, someone with severe memory loss cannot truly understand the consequences of selling their biggest asset.
Caregivers sometimes abuse their power
Now, "undue influence" happens when caregivers use their position of trust to manipulate vulnerable adults and commit financial exploitation.
Think about how this works. Your parent probably relied on their caregiver for daily help. They may have felt emotionally attached to this person. Meanwhile, the caregiver might have slowly cut your parent off from family members. Perhaps they repeatedly pressured your parent to sell the house.
When someone in a position of power pushes a person with dementia into an unfair deal, Minnesota law steps in. In fact, courts look at transactions involving paid caregivers with extreme suspicion and they can reverse these transactions when evidence shows manipulation happened.
Warning signs of a bad deal
Sometimes the numbers tell the whole story. For example, imagine a caregiver buying a $300,000 home for only $10,000. That huge difference raises serious red flags.
Courts call these "unconscionable" deals—agreements so unfair that they shock anyone who hears about them. If the caregiver lied about the home's value or hid important information, they may have committed fraud. These legal problems give families powerful tools to fight back against suspicious sales.
What you should do right now
Start by collecting your parent's medical records that show their dementia diagnosis. Next, find the deed and any paperwork from the sale. Then, identify people who saw your parent's condition and the caregiver's behavior.
Here are specific steps you should take:
Request medical evaluations from around the time of the sale
Collect bank statements that show unusual money movements
Talk to neighbors, other caregivers or family members who noticed problems
Save any texts, emails or letters between the caregiver and your parent
Building a strong case requires detailed records and quick action.
You can fight back
You can challenge a suspicious property sale even after your parent dies. In Minnesota, your family can open a probate estate so an appointed Personal Representative can file a lawsuit to reclaim the title. Your counsel can also file a formal legal notice against the property to freeze the title and prevent the caregiver from selling the house while your case moves forward.
However, you should not face this alone. A legal team focused on estate planning and probate litigation can review your situation and explain your options. They can guide you through each step of the process.
Getting your parent's home back means more than just recovering property. It means honoring your parent's memory and protecting everything they worked hard to build throughout their life.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[What is constructive discharge and how do you prove it?]]>https://www.cbsh.net/?p=524102026-09-18T19:44:52Z2026-09-18T19:44:52ZWhat is constructive discharge?
In Minnesota, a constructive discharge generally requires intolerable working conditions caused by the employer, along with circumstances showing that the employer intended to force the employee to resign or that resignation was a reasonably foreseeable result of the employer’s conduct.
A conflict with a supervisor, a difficult assignment or an unfair decision does not automatically amount to constructive discharge. Courts generally look at the situation as a whole. The key question is whether the conditions were serious enough that a reasonable employee would have resigned.
What evidence can help prove constructive discharge?
Useful evidence may show what happened, how often it happened and whether the employer knew about the problem. Depending on the facts, this may include:
Emails or messages showing harassment or discrimination
Records of complaints made to supervisors or human resources
Witness statements from coworkers
Changes to job duties, pay or working conditions
Documentation of safety concerns
Performance reviews and disciplinary records
Medical records, if the workplace affected the employee’s health
A pattern of serious problems may matter more than one isolated incident. The timing of the resignation can also matter, especially when the employee quits soon after serious problems develop or the employer fails to address a complaint.
What should you do before quitting?
If your working conditions have become unbearable, document what is happening before you leave your job. Keep copies of relevant emails, messages, complaints and other records that you are legally allowed to retain. If appropriate, use the employer’s complaint process. That can help show the employer knew about the issue and had a chance to address it. Before resigning, consider speaking with an employment attorney. Quitting can affect possible legal claims, unemployment benefits and other rights.
Key factors in a constructive discharge claim
Constructive discharge claims depend on the facts. The workplace must be more than unpleasant or unfair. The conditions must be serious enough to support the claim that an average person in the same position would find the working environment intolerable.
If you believe discrimination, harassment, retaliation or other unlawful conduct pushed you out of your job, an employment attorney can review the evidence and explain whether you may have a constructive discharge claim.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[What to do when your employer denies accommodations]]>https://www.cbsh.net/?p=524082026-09-10T11:33:14Z2026-09-10T11:33:14ZYour employer's legal duty to work with you
Federal regulations and court rulings describe the “interactive process” as a necessary and ongoing dialogue to identify an effective accommodation. Failure to communicate is not always a legal violation. However, it often shows an employer failed to provide a reasonable accommodation.
If an employer denies a request, they must prove that providing the change would have caused an “undue hardship.” This means significant difficulty or expense for the employer. Courts look at whether the employer tried to find workable solutions. Common mistakes include ignoring a request without discussion or failing to review medical documentation the employee provided.
Document the denial and request explanation
You need a clear record if your employer skips the interactive process. Ask your employer to give the denial in writing. Federal law generally protects employees from retaliation for requesting accommodations or asking for written explanations about these decisions.
This record becomes important if you later file a charge with the EEOC. Employers must show that an accommodation imposes an undue hardship based on company size and financial resources. Vague denials may show workplace discrimination and help support your legal case.
File a charge with the EEOC
You have the right to file a charge with the EEOC if you believe your employer wrongly denied accommodations. The EEOC investigates claims about federal law violations. You generally must file within 180 days of the denial to protect your rights.
Some states extend this deadline to 300 days. Verify your specific deadline immediately because rules vary by state. A denial does not end your legal protections or your ability to pursue a claim.
Your next steps after a denial
An attorney can clarify whether your employer met their duties. Filing an EEOC charge sets a formal process in motion. The EEOC will notify your employer, investigate the complaint, and issue a determination. If the agency finds cause or issues a right-to-sue letter, you may have the option to pursue a claim in federal court. State agencies may offer a parallel process with different procedures and timelines. An employment attorney can help you evaluate the strength of your situation and decide which path makes the most sense given your specific circumstances.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[3 must-include digital assets in estate planning]]>https://www.cbsh.net/?p=524052026-08-21T10:15:13Z2026-08-21T10:15:13ZCryptocurrency and NFTs
Your cryptocurrency and non-fungible tokens (NFTs) are valuable digital assets. However, unlike bank accounts, your loved ones cannot easily access them. In most cases, your private key or recovery phrase could be the only way to access them. Since adding such sensitive information to a will is not safe, you may set up a secure method to access them through your estate plan.
Loyalty rewards
You may never have considered your airline miles, hotel points or credit card rewards as “real” money. However, these accounts can be worth hundreds or even thousands of dollars in transferable value. The challenge is that each program has its own rules about what happens upon your death. Some programs allow points to be transferred, while others may not permit transfers at all. Nevertheless, without a record of these accounts, your family may never know whether the points or miles can be transferred.
Social media
To protect user privacy, social platforms don’t usually give access to your loved ones after death. Under the Revised Uniform Fiduciary Access to Digital Assets Act, you can authorize your personal representative to access your social media accounts as part of settling your estate. It is also worth knowing that many social platforms have their own legacy or memorialization tools and those platform-level settings may take priority over your estate planning documents.
Take stock of your digital life
The assets that make up your estate are no longer limited to what you can see and touch. From cryptocurrency wallets to airline miles, you should plan for digital property as thoughtfully as any other part of your legacy. An estate planning attorney familiar with Minnesota law can help you identify what you own, document it properly and make sure your personal representative can access it when needed.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[What to do if your Minnesota Paid Leave claim is denied]]>https://www.cbsh.net/?p=524022026-08-07T16:41:35Z2026-08-07T16:41:35ZWhy the Minnesota Paid Leave program may deny a claim
The Minnesota Paid Leave program may need more information before deciding whether an employee qualifies for benefits. Missing documents or questions about eligibility can affect the decision. Reviewing the denial notice and supporting documents can help identify the issue and determine the next step.
Review your options clearly
Before assuming that the denial is final, taking a few practical steps can be helpful, such as:
Reading the denial notice carefully to understand the reason
Keeping copies of emails, medical certifications and other records
Confirming whether the Minnesota Paid Leave program needs additional documents or information
Following the Minnesota Paid Leave program’s process if the decision can be reviewed and appealed
Following these steps can help protect important information if any questions arise later.
Know when a denial might raise legal concerns
A rejected claim does not always mean an employer violated the law. However, Minnesota law protects employees from interference with paid leave rights and from retaliation for exercising those rights. If an employer discourages a leave request, treats an employee differently after they request leave or ignores applicable legal protections, the issue may involve more than a simple benefits dispute. Recognizing that distinction can help employees better understand their workplace rights.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[The benefits of choosing collaborative divorce in Minnesota]]>https://www.cbsh.net/?p=524002026-07-22T14:55:07Z2026-08-03T14:53:38ZHaving control over the outcome
In a traditional divorce, a judge who does not know your family makes major decisions about your money and your children. In a collaborative divorce, you and your ex make those decisions yourselves. You can work together to create flexible, tailored solutions that a court may not have the time or power to create.
Maintaining confidentiality
When you go to court, your private financial details and personal disagreements can become accessible to the public. Collaborative divorce meetings are private. This means the specific details of your negotiations stay between you, your spouse and your professional team.
Using a more holistic approach
In addition to your respective lawyers, the collaborative divorce process may include the following professionals to help you reach a thoughtful and balanced agreement:
Financial experts
Divorce coaches
Child specialists
These specialists can provide specialized knowledge and support to ensure your divorce terms like asset division and parenting arrangements work for your whole family.
Saving time and money
While every case varies, collaborative divorce is often less expensive than a trial. By eliminating the need for a costly formal discovery and multiple court hearings, families can often reach a resolution faster and with fewer legal fees.
Preserving the coparenting relationship
For parents in Minnesota, divorce does not have to end their family. Collaborative divorce encourages respectful communication and shared problem solving. By avoiding court, you can create a fair parenting plan and reduce stress and emotional harm for your children.
A dignified alternative to litigation
If you are looking for a more respectful and efficient way to end your marriage, choosing collaborative divorce can be beneficial. This approach can prioritize the long-term well-being of your family over the conflict of the courtroom.
]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[What happens when a beneficiary form conflicts with your will?]]>https://www.cbsh.net/?p=523972026-07-15T08:29:44Z2026-07-15T08:29:44ZHow do beneficiary forms affect your estate plan?
Probate is the court process used to transfer certain property after death. Your will controls assets that enter that process. Other property follows separate instructions:
These documents may control even when your will names someone else.
What rules can change who receives an asset?
Minnesota law usually cancels certain choices that name a former spouse after divorce. Federal law or plan rules may still control some workplace retirement accounts.
Many 401(k) plans also give a surviving spouse rights to the account unless the spouse properly consents to another beneficiary. Who receives the asset also depends on whether the person you named survives you and whether you named a backup beneficiary.
Naming a minor directly can create another issue. Depending on the asset and its value, an adult custodian or court-appointed conservator may need to manage it until the child reaches adulthood.
How can you keep your documents aligned?
Review your beneficiary forms after marriage, divorce, a birth or a beneficiary’s death. Check them again after a major financial change. Check both primary and contingent beneficiaries, submit updates directly to each institution and keep confirmation that it accepted the change.
Consider the responsibilities tied to each asset
Naming the right person is only part of the decision. Some assets may involve taxes, withdrawal rules, upkeep costs or other responsibilities. Different estate planning tools may offer different levels of control over how and when a recipient manages an asset.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[Can frequent business travel affect child custody in Minnesota?]]>https://www.cbsh.net/?p=523912026-07-10T13:45:28Z2026-07-10T13:45:28ZParenting involves more than just being at home
If a parent travels, it often does not automatically mean they are less involved in raising a child. Flexible work arrangements, remote communication and thoughtful schedules allow a parent to stay connected to school activities, medical appointments and other important events in a child’s life.
As every family functions differently, courts do not measure parenting by the number of nights spent at home, but the focus stays much broader.
The child’s best interest comes first
The courts make custody decisions based on the child’s best interest. Work travel is only one part of the decision. Judges also consider each parent’s role in meeting the child’s daily needs, stability at home and a parent’s willingness to support the child’s relationship with the other parent.
Sometimes looking at a complete picture gives a more accurate understanding of the parent-child relationship than just looking at the work schedule.
A workable parenting schedule matters
Business travel might require parents to think more carefully about parenting schedules, but it does not stand in the way of having meaningful parenting time. A plan that accounts for travel while giving consistency for the child might support the family’s needs better than relying solely on traditional work schedules.
Every custody case is different based on its own facts. A demanding career is only one part of the analysis and Minnesota courts consider many factors before deciding what arrangement works best to serve the child’s best interest.]]>On Behalf of Collins, Buckley, Sauntry & Haugh, PLLP<![CDATA[Add a spendthrift trust to your estate plan]]>https://www.cbsh.net/?p=523672026-07-06T16:23:10Z2026-07-06T16:23:10ZIf you are doing your estate planning, your business may not be complete without the addition of a special type of trust. Spendthrift trusts are often used as vehicles to distribute funds to beneficiaries who are not equipped to handle the trust principal on their own.These trusts use hand-picked trustees to disburse funds according to predetermined schedules set by the trust grantors who fund the trusts. This allows them to help keep at bay their loved one’s worst inclinations and decisions.
Who might need a spendthrift trust?
Any heir or beneficiary who lacks the skills and experience to manage the principal of the trust can benefit from spendthrift trust oversight. They are also good choices for those who struggle with sobriety, gambling or other excesses and those in relationships with controlling spouses and/or friends.But those are not the only circumstances where spendthrift trusts might be used. Beneficiaries in fields like medicine or law, where litigation is more common, might also appreciate the barrier of a spendthrift trust. After all, the funds cannot be tapped by creditors or attached by judgments.
Are there any drawbacks?
Sometimes beneficiaries resent this type of perceived “dead-hand control” over their finances. However, as the trust grantor, you may understand better than they how their lack of fiscal administration could erode the trust’s principal far too quickly.It’s also wise to appoint unrelated trustees over the funds of beneficiaries to preclude any issues arising over the funds from marring an already convivial relationship. Choosing financial or legal representatives as trustees often makes the best sense.]]>