December 17, 2024
What is Considered Wrongful Termination in MN?
Losing a job can be an equally frustrating and confusing experience, no matter the reason you have been let go. Since Minnesota is an at-will employment state, termination from a position can happen for just about any reason or even no specific reason at all.
Knowing that, it’s easy to see how an already stressful situation can be made all the worse if you believe that you have been wrongfully terminated. And while a termination can feel unfair, wrong, or even false, not every wrongful termination will be considered unlawful.
An unlawful termination occurs when an employee has been let go for a reason that would be considered illegal or unlawful. There are both state and federal laws that offer employees protection from being terminated for illegal reasons, including termination due to discrimination or retaliation for protected activities like reporting illegal work practices.
So, what exactly qualifies as wrongful termination in Minnesota as unlawful and what does that mean for you as an employee?
What is Minnesota’s Wrongful Termination Law?
Just like almost all other states, Minnesota law follows the at-will employment doctrine. However, if an employer fired an employee for reasons that are illegal or discriminatory, it may constitute wrongful termination. Reasons that a termination may be considered unlawful include if the termination was based on employment discrimination, such as a protected characteristic or status like race, age, color, national origin, religion, disability, etc.
In retaliation for an employee making a claim or complaint – such as requesting accommodation for a disability, taking medical leave, or reporting illegal work activities.
In breach of an employment contract.
In violation of state or federal law.
When it comes to what falls under wrongful termination in Minnesota, the above reasons have the potential to establish a termination as illegal or unlawful. In such cases, the employee may have a legal claim against the employer for wrongful termination.
These reasons might leave you wondering which kind of example would most likely result in a wrongful termination being considered unlawful. There are many examples of unlawful termination that we could look at, but here is one specific hypothetical scenario.
Say a qualified employee files for FMLA leave after receiving a medical diagnosis that requires treatment. If their employer refuses to consider the request and instead chooses to terminate that employee following their request, this could be a situation of wrongful termination that would be unlawful. Employers covered by the FMLA are prohibited from retaliating or interfering with an employee’s FMLA rights, including terminating them for seeking to take leave.
If you suspect that you have been wrongfully terminated, please contact a wrongful termination lawyer in Minneapolis today. Wrongful termination can be complicated and an experienced lawyer from Wanta Thome will be able to help you understand if you have grounds for a case.
Types of Wrongful Termination
Wrongful termination can take many forms, and it’s essential to understand the different types to determine if you have a valid claim. Here are some common types of wrongful termination:
Discrimination-based termination: This occurs when an employer fires an employee based on their protected characteristics, such as race, color, national origin, sex, sexual orientation, age, disability, or marital status. For example, if an employee is terminated solely because of their sexual orientation, this would be considered wrongful termination.
Retaliation-based termination: This happens when an employer fires an employee in response to the employee’s complaint about discrimination, harassment, or other illegal activities. For instance, if an employee reports workplace harassment and is subsequently fired, this could be a case of retaliation-based wrongful termination.
Breach of employment contract: If an employer terminates an employee in violation of the terms of their employment contract, it may be considered wrongful termination. For example, if an employment contract specifies that an employee can only be fired for cause, and the employer terminates them without cause, this would be a breach of the contract.
Public policy-based termination: This occurs when an employer fires an employee for reasons that violate public policy, such as firing an employee for taking time off to serve on a jury or for reporting a workplace safety issue. Such terminations are considered wrongful because they go against established public policies.
Whistleblower retaliation: If an employer fires an employee for reporting illegal activities or participating in an investigation, it may be considered wrongful termination. For example, if an employee reports financial misconduct within the company and is terminated as a result, this would be a case of whistleblower retaliation.
Can You Sue for a Wrongful Termination Claim in Minnesota?
If you have reason to believe that your wrongful termination is connected to an unlawful reason, then yes, you may be able to sue for wrongful termination. The Equal Employment Opportunity Commission (EEOC) enforces federal laws that protect employees from wrongful termination due to discrimination or retaliation. For example, if you believe that you were terminated based on reporting discrimination in the workplace, you might have a case of unlawful termination.
But in situations where you have been wrongfully terminated but there is no evidence of illegal conduct, retaliation, or discrimination on your employer’s part, you usually will not be able to sue them in Minnesota.
The Minnesota Department of Human Rights also plays a crucial role in handling discrimination-related claims and guiding employees through the legal process.
Following termination, be sure to request in writing the reason for termination from your employer within “15 working days following termination.” Employers are required by state law to provide involuntarily terminated employees with the reason for termination. An employer will have 10 days upon receival of the request to provide a truthful reason.
What Kind of Minnesota Employment Lawyer Do I Need for Wrongful Termination in MN?
If you believe you have been wrongfully terminated for a reason that could be considered unlawful, you will want to consult with a wrongful termination lawyer in Minneapolis. A wrongful termination lawyer can help you understand your rights and determine if you have a case against your former employer. Wrongful termination lawyers, like those here at Wanta Thome, understand the laws that surround wrongful termination and will be able to analyze your case closely.
A wrongful termination lawyer will look at the details of your case to determine whether or not your termination was actually unlawful. While some terminations are unfair or wrongful, they may not be tied to an unlawful reason that would provide you with grounds to seek legal action against your employer.
An experienced lawyer will help determine what has happened in your individual situation.
Consequences of Being Wrongfully Terminated
Being wrongfully terminated can have severe consequences for an employee, including:
Financial losses: Wrongful termination can result in lost wages, benefits, and other forms of compensation. This financial strain can be particularly challenging if the employee is the primary breadwinner in their household.
Emotional distress: Being fired can cause significant emotional distress, including anxiety, depression, and stress. The sudden loss of employment can be a traumatic experience, impacting an individual’s mental health and well-being.
Damage to reputation: Wrongful termination can damage an employee’s professional reputation, making it harder to find new employment. Potential employers may view the termination as a red flag, even if it was unjustified.
Loss of benefits: Wrongful termination can result in the loss of benefits, such as health insurance, retirement plans, and other perks. This loss can have long-term implications for the employee’s financial security and health.
Difficulty finding new employment: Being wrongfully terminated can make it challenging to find new employment, especially if the termination is related to a protected characteristic. The stigma of being fired can follow an employee, making job searches more difficult.
If you believe you have been wrongfully terminated, it’s essential to seek the advice of a Minnesota employment lawyer who can help you understand your rights and options. They can help you determine if you have a valid claim and guide you through the process of filing a wrongful termination claim. An experienced employment lawyer can provide the support and expertise needed to navigate the complexities of wrongful termination in Minnesota.
Reach Out for Assistance
Wanta Thome offers free initial consultations. Our team is well-versed in the Minnesota Human Rights Act and can help you navigate the complexities of wrongful termination claims. Our team of wrongful termination lawyers in Minneapolis are here to better understand what you are facing and discuss your rights as an employee.