by Lauren D’Cruz |
Minnesota is an employment “at will” state. “At will” employment means that an employer can fire an employee for any reason as long as the reason is not illegal. It is illegal to terminate an employee based on race, sex, national origin, religion, age, disability, sexual orientation, or marital status. It is also illegal for an employer to retaliate against an employee for making a complaint or report of discrimination.
It is illegal to terminate an employee in violation of the Minnesota Whistleblower Act (“MWA”). The MWA prohibits an employer’s retaliation against an employee who refuses to engage in illegal conduct or who makes a good faith report of a violation, suspected violation, or planned violation of any federal law, state law, or common law. It is also illegal for an employer to terminate an employee for exercising his or her rights under the Family and Medical Leave Act.
If there is an employment contract between an employer and employee stating that the employment relationship is to last for a certain duration, it may be wrongful for an employer to terminate the employment relationship prematurely.
Why Did My Employer Terminate Me?
After any termination, an employee should request the truthful reason why he or she was terminated from the employer. Under Minn. Stat. § 181.933, an employee who has been “terminated may, within 15 working days following such termination, request in writing that the employer inform the employee of the reason for the termination. Within 10 working days following receipt of such request, an employer shall inform the terminated employee in writing of the truthful reason for the termination.”
How Can An Employment Attorney Help Me?
If you believe that you were wrongfully terminated, promptly contact an employment attorney to discuss your options. It is important to contact an employment attorney quickly because there is a statute of limitations to bring certain types of legal claims. The statute of limitations is the timeframe within which an employee must take action to enforce his or her legal rights.
An employment attorney can help you determine whether you were wrongfully terminated. If you were wrongfully terminated, an employment attorney can advocate on your behalf by drafting a letter to your employer proposing a settlement offer for the release of your legal claims, filing a charge of discrimination with the Minnesota Department of Human Rights and/or Equal Employment Opportunity Commission, or bringing a lawsuit against your employer.
An employer may present an employee with a severance agreement upon termination that provides compensation in exchange for the employee’s release of any and all legal claims related to his or her employment. If you think you have been wrongfully terminated, do not sign such an agreement until you have consulted with an Minnepolis employment attorney. If you have legal claims that could be asserted against your employer, an employment attorney may be able to help negotiate a higher severance payment.
Video Resources
- I believe I was wrongfully terminated. What are my options?
- How do I know if my termination was legal?
Lauren D’Cruz is an employment litigator specializing in workplace discrimination cases. Her tenacity and dedication make Lauren a perfect fit to represent employees who have been discriminated against in the workplace. Lauren is motivated by her ongoing commitment to advocating for her clients. Her passion landed her on the 2018 Minnesota Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice.
