Minnesota Wrongful Termination Laws

Learn if you've been fired illegally, whether you're protected under Minnesota and federal labor laws, and what you can do about it.

Have you recently lost your job? If so, you might be wondering whether you have grounds for a wrongful termination lawsuit. In Minnesota, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.

But there are some exceptions to the at-will rule. If your Minnesota employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, for example, you may have a legal claim against your employer.

What If You Were Illegally Fired During the Coronavirus Pandemic?

A shocking number of Americans have lost their jobs as a result of the economic downturn stemming from the COVID-19 pandemic. But what if you were fired during the pandemic? Depending on the reason you were dismissed, you might have a valid claim for wrongful termination. For instance, it would generally be illegal for your employer to fire you:

  • in retaliation after you complained about or reported unsafe working conditions, such as inadequate personal protective equipment (PPE), social distancing, or cleaning
  • for refusing to work because you had a reasonable belief that you faced an immediate risk or death of serous physical harm due to unsafe working conditions
  • for refusing to violate a legal shelter-in-place order
  • for taking family or medical leave under state or federal law, including the Families First Coronavirus Response Act (FFCRA) and the federal Family and Medical Leave Act (FMLA) (discussed below)
  • because you have a preexisting condition (including your age) that makes you more vulnerable to the coronavirus, or
  • because you filed a claim for workers’ compensation benefits for COVID-19.

Also, if you were essentially forced to quit your job because of serious coronavirus-related safety hazards that put you at risk, you might have grounds to sue your employer for “wrongful constructive termination” in violation of public policy. In order to succeed with this argument, you would have to show that your former employer intentionally created or knowingly allowed working conditions that violated public policy (such as laws requiring a safe work environment) and were so intolerable that any reasonable person in your position would have been compelled to resign. (Learn more about wrongful termination in the context of COVID-19.)

Every state’s laws on wrongful termination are different. This article covers some of the common legal grounds you might have for suing your Minnesota employer for wrongful termination. But it’s not a comprehensive list of Minnesota employment rights, which can change as courts issue new rulings and legislators pass or modify laws. To find out the full extent of your legal claims, speak to an experienced Minnesota employment lawyer.

Discriminatory Firing

Under federal law, it is illegal for an employer to fire an employee based on a protected characteristic. Federal law prohibits employers from firing employees based on race, color, national origin, sex (including pregnancy), religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. However, only employers with a certain number of employees must comply with these laws. Most types of discrimination are prohibited once an employer has at least 15 employees. However, the minimum is 20 employees for age discrimination and four employees for discrimination based on citizenship status.

Minnesota law prohibits employment discrimination based on race, color, national origin, sex (including pregnancy), religion, age (18 to 70), physical or mental disability, genetic information, marital status, sexual orientation, gender identity, or receipt of public assistance. All Minnesota employers, even those with only one employee, must comply with the state’s discrimination laws.

These laws also make it illegal for an employer to retaliate against you for asserting your rights. For example, if you complain to your company’s HR department that you believe you were passed over for promotion because of your age, your employer may not discipline or fire you for your complaint. Likewise, your employer cannot fire you for participating in an investigation of a discrimination complaint (no matter who made the complaint), testifying in court, or making other efforts to stop discriminatory practices.

Before filing a discrimination or retaliation lawsuit, you must file a complaint with the appropriate government agency. In Minnesota, the Minnesota Department of Human Rights enforces the state’s laws prohibiting discrimination. In many cases, state fair employment practices agencies will record your complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces federal antidiscrimination laws. However, you should check to make sure. If not, you may also have to file a complaint with the EEOC.

Breach of Employment Contract

If you have an employment contract promising you job security, you may not be an at-will employee. In Minnesota, an employment contract may be written, oral, or implied. In the first two types of contracts, your employer makes oral or written promises not to fire you for a certain period of time without good cause. In an implied contract, your employer acts in a way that creates a reasonable expectation that you would continue to be employed. For example, if your employee handbook states that employees will be fired only for good cause, you may have an implied contract. If you have an employment contract, and your employer fires you without good cause, you have a legal claim for breach of contract.

Minnesota Wage and Hour Laws and Issues

It is illegal for employers to fire employees for making or planning to make wage complaints, testifying in wage proceedings, or instituting legal proceedings for wage violations.

As of 2020, the minimum wage in Minnesota is $10 an hour for large employers (those with $500,000 or more in annual gross revenue) and $8.15 for small employers (those with less than $500,000 in annual gross revenue). The rates are adjusted annually for inflation.

Under federal law, employees are eligible for overtime pay when they work more than 40 hours a work week, unless they're exempt. (Exempt workers include executive, professional, and administrative employees who earn salaries over a certain threshold.) Minnesota law requires that nonexempt employees receive overtime pay if they work more than 48 hours per week.

Employees are entitled to an adequate rest breaks and meal breaks. Any breaks that are 20 minutes or less must be counted as paid hours worked.

Time Off Work in Minnesota

State and federal laws give employees the right to take time off work for certain civic obligations and personal responsibilities. Employers may not discipline or fire workers for exercising these rights. In Minnesota, these rights include:

  • Military leave. Under federal law, employees have the right to take up to five years of leave to serve in the military, with the right to be reinstated when they return to work. (This law also prohibits discrimination against employees based on their military service, protects employees from discharge without good cause for up to one year after they return from military duty, and provides other protections; see Nolo’s article Taking Military Leave for more information.) Under Minnesota law, employers may not interfere with or prevent an employee's military service.
  • Voting. Employees in Minnesota are entitled to take as much paid time off as is necessary to get to the polling place, cast a ballot, and return to work.
  • Jury duty. Employers must allow employees to take unpaid leave for jury duty, and they may not threaten or coerce employees because of their jury service. Employers who fire or penalize employees for jury service may be subject to criminal penalties and special damages in a wrongful termination lawsuit.
  • Family and medical leave. Minnesota employees are protected by the federal Family and Medical Leave Act (FMLA). The FMLA requires employers with 50 or more employees to provide eligible employees with up to 12 weeks off, unpaid, every year for a serious health condition, to care for a family member with a serious health condition, to care for a new child, or to handle certain practical matters arising out of a family member’s military service. Employees can take up to 26 weeks off in a single year to care for a family member who is seriously injured while serving in the military. Employees who take FMLA leave must be reinstated to the same position once their leave is over. Minnesota law requires employers with 21 or more employees to provide up to six weeks off for the birth or adoption of a child. Under state law, employees also have the right to use paid sick leave to care for a child and other family members.
  • School conferences. Employers with 21 or more employees must provide up to 16 hours of unpaid time each year for employees to attend a child's school conferences or other activities that occur during work hours.
  • Other protected leave. Minnesota law also provides time off for a variety of other purposes, including to donate organs or bone marrow (employers with 20 or more employees), to deal with the aftermath of domestic abuse, harassment, or violent crimes (all employers), to attend a send-off or homecoming ceremony for a family member in the military (all employers), and following the injury or death of a family member in the military (all employers). To learn more, see Nolo's article on family and medical leave in Minnesota.

Other State Employment Claims

  • Workers' compensation. Employers may not retaliate against workers who assert their rights under state workers' compensation laws.
  • Workplace safety. Employers may not fire or retaliate against workers who report safety violations, cooperate in investigations of safety violations, or refuse to work in good faith until dangerous working conditions are corrected.
  • Whistleblowing. Employers are prohibited from firing or otherwise retaliating against employees who, in good faith, report illegal activity or refuse to participate in illegal activity.

What to Do Next

If you think you were fired illegally, talk to a Minnesota employment lawyer. A lawyer can help you sort through the facts and assess the strength of your claims. A lawyer can also inform you of other state or local claims that you may have in addition to those listed above. Whether you want to try to get your job back, negotiate a severance package, or sue your employer in court, a lawyer can walk you through your options and help you decide on how best to proceed.



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Remedies Available for a Wrongful Termination Claim

Find out what a court can award if you win a wrongful termination lawsuit.

Is Forced Retirement Legal?

With a few exceptions, employers may not adopt a mandatory retirement age.

Collecting Unemployment After Being Fired

If you're fired for misconduct, you won't be eligible for unemployment benefits.

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