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Minnesota Wrongful Termination Laws
Minnesota has a strong commitment to protecting its citizens from wrongful termination and discrimination in the workplace with a significant number of state laws supplementing the federal legislation found in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. In addition, while this “at will” state allows employers and employees to terminate an employment relationship for any reason that is not protected in state and federal laws, employees who believe they have a claim for wrongful termination or discrimination may pursue that claim through state agencies or private lawsuits with their employee rights attorney.
Minnesota’s Specific Labor Laws
The long list of state supplemental labor laws including the following specifications:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$6.15; $5.25 for small businesses with less than $625,000 in annual receipts |
No tip credit; minimum wage for tipped employees $6.15 |
|
State Military Leave |
Yes |
For all U.S. and local military servicemen; no threats to employee jobs for enlisting or serving |
|
Jury Duty |
Yes |
Unpaid leave |
|
Voting |
Yes |
Paid time off during election day morning |
|
Garnishment |
Yes |
Fee of $1 per each child support garnishment; employment protection, for all wage garnishments, with no limit specified |
|
State Family & Medical Leave |
Yes |
Childbirth/maternity/adoption leave for employers with 21 employees or more at one site, and employees who have worked at least half-time for 1 year, 6 weeks of leave; bone marrow donation for employers with at least 20 employees, employees with at least 20 hours per week, up to 40 hours paid leave per year; school leave for all employers, employees with at least 1 year service, 16 hours leave in a 12-month period, including other activities related to child care, preschool, or special education; parents may also use sick leave to care for sick/injured child |
|
Arrest & Conviction Records |
Yes |
No one can be disqualified due to criminal record unless crime directly relates to occupation or license (and then significant evidence of rehabilitation may supersede this opportunity to disqualify); state encourages rehabilitation for all, and considers employment essential part of rehabilitation |
|
Discrimination |
Yes |
1 or more employees; age (18 to 70); national origin; disability (physical or mental), HIV/AIDS; gender; marital status; pregnancy/childbirth; race; religion; genetic testing; gender identity; membership on local commission; perceived sexual orientation; receiving public assistance |
|
Whistleblower |
Yes |
For both public and private employees; no penalties for reporting or refusing to participate in illegal actions or those against policy; civil lawsuits allowed for damages, attorney’s fees, & injunctive relief |
|
Plant Closings |
Yes |
For permanent closure of a single business site or substantial layoff of 50 or more employees for 30 or more days; employers encouraged to give at least 60 days notice to the Department of Trade and Economic Development; when WARN applies, employers must give notice to state commissioner; department provides rapid response assistance and on-site emergency assistance, information about employment resources, & assistance in establishing employment committees |
*These laws change often, so consult local statutes for the most up-to-date information.
Minnesota Discrimination Laws
Federal discrimination laws protect employees from discrimination due to race, color, religion, sex, or national origin. Minnesota state laws also add to those protections, and both sets of laws can be pursued under the following specifications:
- Discrimination claims may be pursued through either state agencies (with no preemption) or private lawsuits
- Employees have the right to recover attorney’s fees in a winning claim or lawsuit
- Discrimination claims must be filed within the Minnesota statute of limitations, which is 1 year.
Filing a Claim for Wrongful Termination
When pursuing a claim or lawsuit for wrongful termination, agencies or attorneys will generally investigate the claim to determine its validity before attempting mediation or conciliation. If a valid claim is not settled in this way, a lawsuit is generally the next step, either through a state agency or private lawsuit.
Legal Remedies for Wrongful Termination
There are a number of remedies an employee may pursue with their employee rights attorney in Minnesota. Those remedies may vary depending on the violation and the degree of willfulness; however, they may include any or all of the following:
- Reinstatement of former benefits and position
- Compensation for stress and suffering
- Back pay
- Attorney’s fees and court costs
- Punitive damages
- Injunctive relief in the workplace
Minnesota laws also have additional penalties for employers who violate certain labor laws:
Jury duty – criminal contempt with fines of up to $700 and/or 6 months in jail; liable for up to 6 months of back pay, attorney’s fees, and reinstatement.
Garnishment – for general wage garnishment, reinstatement and employer liability for double back pay; for child support withholding, liable for support employer failed to withhold plus interest, attorney’s fees, contempt of court, liable for double back pay, and fines of $500 or more.
Whistleblower – fines of $25 per day for each injured employee, up to $750 for each employee
With the considerable number of state statutes supplementing federal wrongful termination and discrimination laws, there are many avenues of relief for employee to pursue in response to workplace abuses. In addition, while state agencies can be extremely helpful, for more complex cases, it can be essential to have the advice of an employee rights attorney to ensure that all the employee’s rights are protected and all their remedies are considered.
Local Resources
EEOC Regional Offices
Minneapolis Area Office
330 S. Second Avenue, Suite 430
Minneapolis, MN 55401
612-335-4040 or 800-669-4000
TTY: 612-335-4045 or 800-669-6820
FAX: 612-335-4044
Department of Human Rights
St. Paul, MN
651-296-5663
www.humanrights.state.mn.us