In Minnesota, workplace protections ensure an employee who comes forward with concerns will not be retaliated against for using their voice. When an employer violates these protections, Schaefer Halleen’s MN whistleblower retaliation lawyers are here to protect workers’ rights and hold companies accountable.
The Many Forms of Retaliation
Workplace retaliation isn’t limited to termination. Retaliation can actually take many forms, including:
- Poor performance reviews
- Demotion or transfer
- Denial of overtime or promotion
- Denial of benefits
- Failure to hire or rehire
- Harassment
- Undesirable scheduling and job assignments
- Suspension
- Other disciplinary actions.
Generally, employers will not link these repercussions to the employee’s actions. They are aware of the workplace protections in place and understand that an admission of retaliation is seriously damaging to the company. Employers will often go out of their way to make it seem like the retaliation is justified; for example, claiming you have done subpar work in the past as an excuse to put you on probation. It is important to document as much as possible so your Minneapolis retaliation attorney can effectively advocate for you in mediation or in court.
If you have access to your timecards, past performance reviews, positive reviews from your clients, or a record of awards you have won, we can use this evidence to argue that you did not deserve the disciplinary actions that were imposed upon you.
Forms of Whistleblower Retaliation
The Minnesota Whistleblower Act
The state of Minnesota has its own laws that are meant to protect whistleblowers from acts of retaliation, including termination and discrimination. A whistleblower is an employee who has revealed information about the company’s illegal activity, refused to participate in illegal conduct, or reported their company’s illegal activity to the proper authorities. Depending on the kind of violation, a whistleblower may contact state or federal authorities, OSHA, the EPA, other regulatory agencies, and even their company itself. This law also applies to employees who are called to attend a hearing, participate in an investigation, or offer testimony about the employer’s activities.
Our Minnesota whistleblower employment lawyers know the ins and outs of the Minnesota Whistleblower Act. We are here to offer sound advice about how you can move on from your toxic workplace on favorable terms. We know how companies typically react to accusations of retaliation and what they will do to settle the matter. Most cases of whistleblower retaliation are settled in mediation; companies know all too well what can happen if news of the retaliation goes public, so they would prefer to keep negotiations behind closed doors. However, a whistleblower retaliation case will occasionally go to court. In these instances, it is vital that the client has an attorney who is experienced in employment law litigation.
Federal Whistleblower Protections
In addition to Minnesota’s Whistleblower Act, there are several federal protections for employees who have been retaliated against. First, the Sarbanes-Oxley Act protects corporate employees by preventing publicly traded companies from retaliating against their whistleblower. This act was passed as an effort to reduce corporate fraud; the thought is that it will make employees more comfortable with reporting this behavior to the proper authorities.
Another relevant federal protection is the False Claims Act. This law aims to protect employees who report illegal activity or fraud, especially fraud committed against the US government. This type of fraud can happen across a wide range of industries; employees in all these industries are protected by this law.
The Occupational Safety and Health Act protects employees from retaliation after exercising their rights under the Act. These rights include requesting a safety inspection at their workplace, participating in an OSHA proceeding, and reporting a work-related injury or illness.
Minnesota Whistleblower Rights Attorneys
Our employment retaliation and wrongful termination attorneys work hard to hold toxic workplaces accountable. If your employer has retaliated against you because you have brought their illegal or immoral actions to light, our attorneys are here to assess your case and hold your employer accountable for their violation of state and federal laws.
At Schaefer Halleen, LLC, we value clear communication, powerful advocacy, and compassion for clients experiencing whistleblower retaliation. Our team knows the intricacies of Minnesota employment law, and we are here to help regardless of the type of retaliation you are facing.
FAQs About Minnesota Whistleblower Retaliation Cases
Whistleblowers are protected by various federal and state laws, such as the Whistleblower Protection Act and the Minnesota Whistleblower Act, which shield them from retaliation.
Employers may claim legitimate reasons for adverse actions, unrelated to whistleblowing. A skilled attorney can counter such defenses with evidence of retaliation.
Yes, you can still file a whistleblower retaliation claim if you’ve experienced retaliation, provided you do so within the applicable statute of limitations.
Yes, there is a specific time frame within which you must file a whistleblower retaliation claim. Consulting an attorney promptly is crucial.
Document incidents, gather evidence, consult an experienced whistleblower attorney, and consider filing a complaint with relevant authorities.
Employers found guilty of whistleblower retaliation may face legal penalties, including fines, compensatory damages, reinstatement of the employee, and other remedies.
Proving whistleblower retaliation involves demonstrating a causal link between your protected activity (whistleblowing) and the adverse employment action taken against you.
Protected activities include reporting illegal activities, fraud, or violations of laws and regulations. Retaliation encompasses adverse actions taken by an employer in response to such protected activities.
Laws such as the Minnesota Whistleblower Act and federal statutes like the Whistleblower Protection Act safeguard whistleblowers from retaliation.
Select an attorney experienced in whistleblower cases, with a track record of successful outcomes. Look for knowledge of relevant laws and a commitment to protecting your rights.
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We recently posted a blog on Sarbanes Oxley Act (“SOX”) whistleblower protection that explained what kinds of employers are covered and what kinds of employees are protected. The blog also explain...
If SOX Fits, Use It
People who “blow the whistle” on a company’s illegal conduct often suffer retaliation for their courage and honesty, but when they do, several laws may protect them. One of the most important ...
When Workplace Retaliation Goes Too Far
Almost every company has policies in place to prevent and prohibit workplace retaliation. The purpose of these policies is to encourage employees to be proactive with management as issues arise, wit...
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One of the most common concerns we hear from employees is that their boss retaliated against them because they made a complaint. In fact, recent data from the Equal Employment Opportunity Commission s...
Recent Posts on Retaliation
SOX Fits Better and Better
We recently posted a blog on Sarbanes Oxley Act (“SOX”) whistleblower protection that explained what kinds of employers are covered and what kinds of employees are protected. The blog also explained the procedure for filing a SOX complaint. Only days later, the U.S. Supreme Court handed down a rare unanimous decision in Murray v. UBS […]
If SOX Fits, Use It
People who “blow the whistle” on a company’s illegal conduct often suffer retaliation for their courage and honesty, but when they do, several laws may protect them. One of the most important federal laws is the 2002 Sarbanes Oxley Act (“SOX”), enacted in the wake of the turn of the 21st Century scandals involving publicly […]
When Workplace Retaliation Goes Too Far
Almost every company has policies in place to prevent and prohibit workplace retaliation. The purpose of these policies is to encourage employees to be proactive with management as issues arise, without the employee fearing that they will ultimately lose their job. However, as many of our clients have experienced, workplace anti-retaliation policies do not prevent […]
