Generally, an employee can be terminated for any reason or no reason at all. However, a termination cannot be for an unlawful reason. Some employees come to a wrongful termination attorney in Minneapolis believing their termination was wrongful or unfair, but there is a difference between a wrongful termination and an unlawful termination. While a termination may have been wrong, false, or unfair, it may not necessarily be illegal. This raises the question of what a wrongful termination is versus what is an unlawful termination.
What Makes a Wrongful Termination Versus an Unlawful Termination?
An unlawful termination is one that violates a state or federal law. For example, employees are protected from discrimination based on a protected status, such as gender, race, religion, age, disability, and sexual orientation. An employee cannot be terminated due to their protected status. If an employee is terminated based on a protected status, the termination is most likely to be considered unlawful.
Employees are also protected from retaliation for reporting unlawful conduct by their employer. For example, an employee cannot be terminated for reporting unlawful discrimination or sexual harassment. Further, an employee cannot be retaliated against or terminated for reporting a work related injury, requesting a workplace accommodation or requesting a leave of absence covered by the Family and Medical Leave Act. Additionally, an employee cannot be terminated for being a whistleblower, meaning that the employee reported that the employer was engaging in unlawful conduct or refused to engage in unlawful conduct. Finally, an employee cannot be terminated for failing a workplace drug and alcohol test or an employment background check unless the employer complies with the laws and regulations that protect employees in these situations, such as the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA).
These are all examples of unlawful conduct by the employer where a related wrongful termination would be unlawful.
If you believe that you have been terminated for an unlawful reason, such as being fired because of your race, gender, or disability or because you have made a report of unlawful conduct related to your employer, consider contacting us at Wanta Thome. Our wrongful dismissal lawyers in Minneapolis are dedicated experts in employment law. We offer confidential, free consultations to potential clients, where we can discuss your situation and determine if we are the right fit for your needs.
A consultation with one of our false termination lawyers in Minneapolis allows you to discuss your employment situation in detail with a member of the Wanta Thome team. You can ask any questions about your case, including whether your termination might be unlawful. During the consultation, we will ask questions to gain a comprehensive understanding of your unique situation. To schedule a consultation with one of our wrongful termination attorneys in Minneapolis, be sure to contact us over the phone at 612-252-3570 or by clicking here.
Common Examples of Wrongful Termination in Minnesota
As we defined above, a wrongful termination does not always mean that a termination was unlawful.
Some examples of unfair or wrongful termination that are not on their own unlawful may include being terminated for:
- Complaining about a manager or coworker who treats you poorly, where the treatment is unrelated to a protected status or a report of unlawful conduct;
- Reporting a bully, where the bully’s conduct is unrelated to protected status or conduct;
- A poor performance review, when a similar-performing coworker is treated more leniently or favorably; or
- Conduct that a similar employee engaged in but was not terminated for.
Sometimes a wrongful termination occurs for a reason that is not considered illegal or unlawful on its own, such as those listed above. These situations can leave you feeling angry, irritated, stressed, and as if you have been treated severely unfairly by your employer. That kind of response is completely understandable, especially when your employment situation leads to a wrongful termination out of the blue. While some terminations may be wrongful or unfair on their own, they could be unlawful if they are related to unlawful discrimination, retaliation, or conduct by the employer.
If you are unsure whether your termination was unlawful, contact our wrongful termination lawyers in Minneapolis, Minnesota. We will review the details of your situation and work to determine whether you may have grounds for a case.
How Can a Wrongful Termination Lawyer in Minneapolis Help?
Working with an experienced attorney can have a significant impact on your case. Not only will a Minnesota unlawful termination lawyer from Wanta Thome be able to offer you legal advice and guidance initially, but we will be able to help you in several different ways. A Minneapolis wrongful termination lawyer from Wanta Thome can help in several ways, including:
- Analyzing the details of your situation to determine if you have a wrongful termination case that is related to an unlawful reason.
- Answer any questions you may have about your employment situation, your legal rights, and what next steps are available to you.
- Take over the legal process should you have grounds for a wrongful termination claim from start to finish as we work towards legal success on your behalf.
- Work with you to collect any relevant evidence to support a wrongful termination claim including emails, direct messages, your employment contract, eyewitness contact information, and other documentation.
- Ensure that you understand the legal process as we get started and throughout the course of your case.
- Strong legal representation throughout the legal process from an experienced and compassionate team of attorneys who are fully committed to seeking legal success on your behalf.
You are not alone in facing wrongful termination should you have a claim on your hands. The world of work can be stressful enough on its own, let alone when you have been unlawfully terminated from your position – whether the unlawful reason was discrimination, retaliation, or failing a drug test that has not been performed properly. At Wanta Thome, we are here to help protect your rights in the workplace. If you believe that you have lost your job due to an unlawful reason, please reach out to one of our wrongful dismissal lawyers in Minneapolis. We are here to help you take a stand against an unlawful situation and get started on moving towards a future where you have seen legal success.
Frequently Asked Questions
I was fired all of a sudden, without any reason. Was I wrongly terminated?
As we have discussed above, there is a difference between a wrongful termination versus an unlawful termination. An unfair or wrongful termination on its own may not be unlawful. An example of this kind of wrongful termination would be if you have been terminated following a poor performance review whereas a coworker who receives a similar performance review is not terminated. This can be considered an unfair termination but is not necessarily unlawful.
On the other hand, an unlawful termination would be a termination where a state or federal law has been violated. An example of an unlawful termination would be if you were terminated in retaliation for reporting illegal activities in the workplace.
If you have been fired out of the blue for no reason, you may not have been wrongfully terminated – either for an unfair or unlawful reason. But it is important to note that in Minnesota, employers are required to provide terminated employees with a truthful reason if the employee requests a reason by writing. That reason must be given by an employee within 15 days of termination and the employer will have 10 days from receipt of the request to respond.
What are the grounds for wrongful termination?
The grounds for a wrongful termination claim due to an unlawful reason include:
- Discrimination based on a protected class
- Retaliation
- Employment contract breaches
- Employees requesting or taking off legally protected time including FMLA leave
How to file a complaint against an employer for wrongful termination in Minnesota?
As per the Minnesota Department of Labor and Industry, if you believe or feel that you were wrongfully terminated “based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation or marital status,” you can contact the Minnesota Department of Human Rights.
We also recommend consulting with a wrongful termination attorney in Minneapolis as well.
What type of compensation can I receive from a successful wrongful termination lawsuit?
There are typically two types of compensation that you may receive from a wrongful termination claim or lawsuit. Damages fall under economic and non-economic damages such as:
- Lost wages
- Lost benefits
- Job search expenses
- Emotional distress
- Reputation damage
The potential compensation as well as the type and amount of compensation you may receive will vary case to case.
Can I file a wrongful termination claim in Minnesota?
Should you have reason to believe that your wrongful termination was also related to an unlawful reason, you may have grounds to file a claim against your employer in Minnesota. It will depend on the specific circumstances of your termination and if you can establish that an unlawful reason was connected to your termination.
Contact a wrongful termination attorney in Minneapolis at Wanta Thome if you believe you were unlawfully terminated.
What is a constructive discharge?
A constructive discharge is a situation where an employee quits their position because their workplace conditions are poor enough that “no reasonable person would stay.” This type of discharge is seen in legal terms as a termination of employment. And in terms of wrongful termination, a constructive discharge can potentially serve as grounds for a wrongful termination claim depending each individual situation’s factors.
To determine if your situation qualifies as a constructive discharge, be sure to reach out to Wanta Thome.
My boss replaced me with someone younger. Is this wrongful termination?
If you believe you have been replaced at work by someone younger based on your age, you may have been wrongfully terminated due to an unlawful reason. Employees in Minnesota are protected from age discrimination in the workplace under state and federal laws.
Do I qualify for unemployment benefits?
In Minnesota, you must meet the following eligibility criteria for unemployment benefits, as per Minnesota Unemployment Insurance’s guidelines:
- Be “unemployed or working substantially reduced hours through no fault of your own.”
- Have sufficient earnings in your base period which can include overtime, severance pay, and bonuses.
- Be legally authorized to work in the U.S.
- Be actively seeking employment on a weekly basis.
- Be able to begin work immediately when it is offered.
Is breach of contract considered wrongful termination in MN?
Yes, a breach of contract can be considered wrongful termination. If your employer has terminated you for a reason that breaks an employment contract’s terms, you typically have a case of wrongful termination on your hands. This can be because your employer did not follow the correct termination process, they terminated you for a reason that was not covered by the contract, or your termination breaches a set time period in which you were to be hired without a good reason.
A breach of contract situation can be complicated, so please reach out to Wanta Thome. A Minnesota unlawful termination lawyer from our team will be able to look over your case and explain your rights to you.
How long should I wait before hiring a wrongful termination attorney in Minneapolis, MN?
If you believe that you have been wrongfully terminated for an unlawful reason, we suggest reaching out to a wrongful termination attorney as soon as possible. At the federal level, you have 180 days to file a discrimination complaint with the EEOC OR 300 days if your complaint is also covered by local or state law.
And in Minnesota, there are different statute of limitations set by state law depending on the type of claim you may have. For example, a contract related wrongful termination claim will have a statute of limitations of six years (as per Section 541.05 of the Minnesota Statutes).
How can I prove that I was wrongfully terminated by my former employer for an unlawful reason?
Proving that you were wrongfully terminated for an unlawful reason can be difficult, especially because your former employer will usually not outright say why you were terminated if it was based on an unlawful reason. Employers may try to conceal unlawful terminations by providing a different reason, such as poor attendance, incompetence, or a lack of productivity.
But there are a few ways that you and a wrongful termination attorney from Minneapolis can work together to prove wrongful termination. These include:
- Proving that the employer’s given reason is incorrect.
- Proving that the given reason for termination is not the real reason for your termination.
To prove that a termination was illegal, you can use evidence like emails, direct messages, your employment contract, work performance reviews, and other direct evidence to support your case and claim.
Contact Our Minnesota Wrongful Termination Lawyers
If you believe you were wrongfully or unfairly terminated but are unsure whether it was unlawful, contact the employment attorneys at Wanta Thome for a free consultation. One of our experienced Minnesota wrongful termination attorneys will speak with you to evaluate your situation and discuss your rights. When you contact our office, you will always speak directly with an employment lawyer.
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