BREKKE v. THM BIOMEDICAL, INC.

No. C8-03-119.

683 N.W.2d 771 (2004)

John H. BREKKE, Respondent, v. THM BIOMEDICAL, INC., Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 4, 2004.


Attorney(s) appearing for the Case

Gerald J. Brown, Brown, Andrew & Signorelli, P.A., Duluth, MN, for Appellant.

John G. Fillenworth, Duluth, MN, for Respondent.

Heard, considered, and decided by the court en banc.


OPINION

HANSON, Justice.

Respondent employee, Dr. John H. Brekke, brought an action against appellant employer, THM Biomedical, Inc. (THM), under Minn.Stat. §181.79 (2002) for a statutory penalty based on THM's unauthorized deduction from Dr. Brekke's salary of the principal of a debt owed by Dr. Brekke to THM. The district court ruled that the deduction violated Minn.Stat. § 181.79 and awarded Dr. Brekke twice the amount deducted. The court of...

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