If you are an employee in Minnesota who has been wrongfully terminated, you may be wondering what your next steps should be. First, it is important to understand the statute of limitations for filing a wrongful termination claim. The limitations period for such claims depends on the type of wrongdoing and the type of law under which the claim would arise. For example, under Minnesota law, an employee has one year from the date of a discriminatory or retaliatory act to file a claim with the Minnesota Department of Human Rights or to file a lawsuit. Other claims, such as discrimination claims under federal law and whistleblower claims, have different limitations periods.
If you want to pursue a wrongful termination claim, it is crucial to find an experienced employment attorney who specializes in this area of law. You may want to search for “lawyers that deal with wrongful termination near me” to find an attorney in your area who can help you navigate the legal process. A knowledgeable attorney can help you assess your legal options and develop a strategy to pursue your claim. They can also make you aware of wrongful termination Minnesota statute of limitations and other limitations periods so you don’t miss your opportunity to file a suit. If you are successful in your wrongful termination claim, you may be entitled to compensation for the damages you suffered as a result of the termination.
Understanding Compensation in Minnesota Wrongful Termination Lawsuits
Employees who were wrongfully terminated for discriminatory or retaliatory reasons often ask us some variation of the same question: what might I be entitled to if I file a lawsuit against my employer and win? The answer depends on the type of legal claim and which Minnesota or federal law was violated. The amount of compensation for wrongful termination you may receive will depend on a variety of factors, including the nature of the termination, the length of time you were out of work, and the emotional distress you suffered as a result of the termination. In general, however, there are several common categories of potential compensation for victims of employment discrimination and retaliation.
Back Pay
Back pay is the lost compensation the wrongfully terminated employee could have reasonably expected to receive from the time of termination to trial. This includes base salary, bonuses, commissions, and benefits.
When a court awards back pay to an employee, they typically calculate the amount of the award based on the employee’s rate of pay at the time of their termination, as well as any raises, promotions, or bonuses that the employee would have received if they had remained employed.
The court will also consider the length of time that the employee was unemployed after their termination and the amount of effort that the employee made to mitigate their damages by seeking alternative employment. While an employee is entitled to their back pay under most discrimination and retaliation laws, any earnings of the employee after his/her termination are subtracted from the back pay award.
Front Pay
Front pay or “future pay” is a terminated employee’s anticipated lost compensation after trial. Courts consider multiple factors in determining the amount of front pay. The length of time the employee could have reasonably expected to have been employed if they had not been wrongfully terminated is the primary consideration.
The main difference between back pay and front pay is that back pay is meant to compensate the employee for losses that have already occurred, while front pay is meant to compensate the employee for losses that are likely to occur in the future.
In some cases, a court may award both back pay and front pay to an employee in a wrongful termination case, depending on the circumstances of the case and the extent of the employee’s losses. A company may also agree to pay back pay and/or front pay in a wrongful termination settlement that has not gone to court.
Emotional Distress
Under most Minnesota and federal laws prohibiting employment discrimination and retaliation, a wrongfully terminated employee is entitled to compensation for the emotional “pain and suffering” resulting from their termination. The amount of such compensation is a highly subjective determination to be made by the judge or jury.
Punitive Damages and Civil Penalties
Punitive damages or statutorily pre-specified civil penalties may be awarded to a wrongfully terminated employee in order to punish the employer for particularly outrageous discriminatory or retaliatory conduct and deter similar conduct in the workplace. The amount awarded is unrelated to the economic loss of the wrongfully terminated employee or the extent of their emotional distress, but the employee receives the amount anyway.
Attorneys’ Fees and Costs
If a wrongfully terminated employee prevails in court, they may be entitled to compensation for the attorneys’ fees and costs they incurred throughout the case. The judge will determine whether this is appropriate based on the specific details of each case.
How Do You Proceed With Wrongful Termination In Minnesota?
In summary, wrongful termination is a serious issue that can have a significant impact on an employee’s life and livelihood. Fortunately, Minnesota law provides several avenues for employees to seek justice and compensation for their losses. If you believe that you have been wrongfully terminated, it is essential to seek the guidance of a knowledgeable and experienced employment attorney who can help you understand your rights and options. With the right legal representation, you may be able to recover the compensation you deserve and move forward with your life. We here at Schaefer Halleen would be happy to speak with you.
