Wrongful Termination

+ What is wrongful termination in Minnesota?

A wrongful termination occurs when an employee is fired in violation of a law, an enforceable contract, or another legal protection. Being fired for a reason that seems unreasonable does not necessarily make a termination illegal.

Minnesota is an at-will employment state, so an employer generally has broad discretion to make employment decisions. The critical question is whether the employer's reason for termination, or the circumstances surrounding it, violated a specific legal protection.

+ When is firing an employee illegal?

A termination may be unlawful when it is based on a protected characteristic, protected activity, or another legally prohibited reason. Common examples include:

• Discrimination based on race, religion, sex, age, disability, sexual orientation, or another protected characteristic.
• Retaliation for reporting discrimination, harassment, wage violations, or other unlawful conduct.
• Whistleblower retaliation for making a good-faith report of a suspected legal violation.
• Retaliation for taking or requesting protected leave, including rights protected by the Family and Medical Leave Act (FMLA), Minnesota Earned Sick and Safe Time (ESST), or Minnesota Paid Leave.
• Retaliation related to workers' compensation or other legally protected claims.
• Retaliation for exercising wage rights, such as raising concerns about unpaid wages or overtime.
• Breach of an employment contract or an enforceable employment policy that limits the employer's right to terminate.
• Other circumstances in which firing violates a specific statutory or common-law protection.

+ What are some examples of wrongful termination?

Potentially unlawful terminations can take many forms. Examples include:

• An employee is fired shortly after complaining about sexual harassment.
• An employee is terminated after requesting disability accommodation.
• An employee is let go after reporting suspected financial, safety, or other unlawful conduct.
• An employee is terminated after requesting or taking legally protected leave, pursuing a workers' compensation claim, or raising concerns about unpaid wages or overtime.
• An employee is fired because of race, age, disability, sex, religion, sexual orientation, or another protected characteristic.
• An employer suddenly claims an employee has performance problems immediately after the employee engages in protected activity, despite a history of positive reviews. These circumstances do not automatically establish a legal claim. However, they can raise questions about whether the employer's stated reason was the actual reason for termination.

+ How do I prove a wrongful termination claim?

The evidence needed depends on the legal theory behind the claim. Generally, an employee must establish that the termination occurred and that it violated a particular law, contract, or other legal protection.

Direct evidence can be powerful, but it is not required. Many wrongful termination cases depend on circumstantial evidence. Evidence that may help establish that an employer's stated reason was a pretext for an unlawful reason can include:

• Timing between protected activity and termination.
• Changing or inconsistent explanations for the termination.
• A sudden history of alleged performance problems.
• Different treatment of similarly situated employees.
• Failure to follow the employer's normal disciplinary or separation procedures.
• Statements by supervisors or decision-makers.
• Other evidence that the employer's stated reason is factually inaccurate. The overall circumstances are often more important than any single piece of evidence.

+ What evidence should I preserve after being fired?

If you believe your termination may have been unlawful, preserve documents and information that may help establish what happened and why.

Depending on the circumstances, this may include your employment agreement, employee handbook, performance reviews, disciplinary notices, compensation records, termination letter, emails, text messages, HR communications, complaints you made, accommodation or leave requests, and communications with supervisors or coworkers.

Write down what happened while the events are still fresh. Include dates, people involved, what was said, who witnessed important conversations, and what happened before and after your termination.

Minnesota law also gives employees rights to obtain their personnel records through a written request. For separated employees, an employer generally must provide a copy of the personnel record upon written request, subject to the statute's requirements.

+ What if my employer says I was fired for poor performance?

An employer generally can terminate an at-will employee for poor performance, misconduct, or other legitimate reasons. The fact that an employee disagrees with the employer's assessment does not, by itself, establish wrongful termination. The situation changes if the stated reason is a pretext for an illegal reason.

For example, an employer may claim an employee was terminated for performance problems, but the employee's performance reviews had been consistently positive until the employee complained about discrimination. Or an employer may suddenly enforce a workplace rule against one employee while ignoring similar conduct by others.

A lawyer evaluating a potential wrongful termination claim will look at whether the employer's explanation is supported by the facts and whether the employer treated comparable employees consistently.

+ Does wrongful termination apply if I have an employment contract?

It can. Although Minnesota generally follows at-will employment, an employment agreement can establish rights and obligations that modify the at-will relationship. Employment contracts may address the length of employment, grounds for termination, required procedures, compensation, severance, or other employment terms.

The relevant agreement may not always be called an "employment contract." Offer letters, written agreements, compensation plans, handbooks, and specific employer policies can sometimes be important depending on how they were written and applied.

If you believe your employer violated a contractual promise when terminating you, an attorney can review the applicable documents and determine whether they create enforceable rights.

+ Can my employer fire me for making a complaint?

An employer generally cannot retaliate against an employee for engaging in activity protected by law. Not every workplace complaint is legally protected. The nature of the complaint, what the employee reported, to whom it was reported, and the law involved can all matter.

For example, Minnesota's Whistleblower Act prohibits an employer from retaliating against an employee for certain good-faith reports of violations or suspected violations of law. Other state and federal laws provide protection for employees who report discrimination or harassment, exercise protected leave rights, pursue workers' compensation benefits, or exercise certain wage and hour rights.

+ Can I claim wrongful termination even if I quit?

Potentially. In some circumstances, an employee who resigns may argue that the employer effectively forced the resignation through intolerable working conditions. This is sometimes referred to as constructive discharge.

However, a stressful, unfair, or difficult workplace does not automatically constitute constructive discharge. If you resigned because you believed you had no reasonable choice but to leave, it is important to discuss the circumstances with an employment lawyer before assuming that your resignation prevents a claim.

+ How much is a wrongful termination case worth?

There is no standard settlement amount for wrongful termination cases. The potential value depends on the strength of the claim, the applicable law, the employee's economic losses, the circumstances of the termination, and the remedies available under the particular legal theory.

Depending on the claim, damages may include lost wages and benefits, future lost earnings, emotional-distress damages, liquidated or punitive damages, attorney fees, reinstatement, or other forms of relief.

A strong case is not necessarily one involving the largest financial loss, and a large financial loss does not automatically mean an employee has a strong legal claim. Both liability and damages need to be evaluated.

+ What is the statute of limitations for a wrongful termination case in Minnesota?

There is no single statute of limitations for every wrongful termination claim. The deadline depends on the legal basis for the claim.

For example, the Minnesota Human Rights Act currently provides a one-year period for bringing an unfair discriminatory practice claim through the procedures specified by the statute. Other discrimination, retaliation, contract, and leave claims can have different deadlines and procedural requirements.

Because missing a filing deadline can prevent an otherwise valid claim from being pursued, employees should seek legal advice promptly.

+ What should I do if I’ve been wrongfully terminated?

If you believe your termination may have been unlawful, take steps to preserve your rights and evidence:

• Write down what happened. Record the timeline leading up to your termination, including complaints, leave requests, disciplinary actions, and important conversations.
• Preserve relevant documents. Keep your termination letter, employment agreement, handbook, performance reviews, pay records, emails, text messages, and other relevant communications.
• Request your personnel records. Minnesota law provides employees with a process for obtaining their personnel records.
• Request a written reason for termination when appropriate. Minnesota law provides a specific process for requesting a truthful written reason for termination within 15 working days of termination.
• Be careful before signing a severance agreement or release. A severance agreement may contain provisions that affect your ability to pursue legal claims.
• Pay attention to deadlines. Different claims have different statutes of limitations and administrative requirements.
• Talk with an employment attorney. An attorney can evaluate the facts, identify the legal protections that may apply, and help determine what options are available.