Losing your job is upsetting and disruptive, especially if you suspect the termination was unfair or illegal. Minnesota is an “at-will” employment state. This means that most employers can fire you at any time, for almost any reason—or for no reason at all. “Almost” is the keyword, however. If your termination violates a specific law, a contract, or public policy, it may be a wrongful termination.
Protected Classes and Discriminatory Termination
It is illegal for an employer to fire you because of your membership in a protected class. Under the Minnesota Human Rights Act (MHRA), employers may not terminate employment based on:
- Race
- Sex, gender identity, or sexual orientation
- Age
- Disability
- Religion
- National origin
- Marital status
- Pregnancy
- Familial status
- Public assistance status
- Using a service animal
Federal laws, like the Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) also protect against workplace discrimination.
Retaliation for Reporting or Opposing Illegal Conduct
You have the right to report illegal activity or discrimination in the workplace without worrying that your employer can legally retaliate. Minnesota law protects whistleblowers who:
- Report a violation of law or regulation
- Refuse to engage in unlawful behavior
- Participate in a government investigation
- Report unsafe working conditions
You don’t need to be correct about the legal violation. As long as you made the report in good faith, they’re prohibited from firing you.
Breach of Employment Contract or Promises
Most employment in Minnesota is at-will. However, some employees have contracts with specific terms for termination. If your employer fires you in violation of a written employment agreement, you may have a valid breach-of-contract claim.
In some cases, even without a formal contract, courts may find an implied agreement. This is usually based on evidence like employee handbooks, offer letters, or verbal assurances. For example, let’s say there’s a handbook outlining the company’s discipline process, and your employer fires you without following them. The disciplinary policy could support a wrongful termination claim, especially if you relied on those policies when you decided to take or keep the job.
Termination After Taking Protected Leave
Federal and state laws protect your right to take certain types of leave. Protected leave includes:
- Medical leave under the Family and Medical Leave Act (FMLA), either for your own health or to care for a family member
- Pregnancy or parenting leave
- Military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Jury duty or voting leave
If your employer uses your leave as a reason to end your employment, or if they retaliate against you, that may be a wrongful termination.
Constructive Discharge
You don’t have to be fired to have a wrongful termination claim. If your employer creates or allows working conditions that are so bad that any reasonable person would feel forced to quit, you may be able to claim constructive discharge.
To pursue this kind of claim, you’ll need to show that you brought the problem to your employer’s attention and gave them a chance to fix it, but they failed to take reasonable action.
Public Policy Violations
Minnesota courts recognize exceptions when termination violates clear public policy. For example:
- Filing a workers’ compensation claim
- Reporting unsafe working conditions
- Refusing to commit a crime
This can make a case for wrongful termination, even if there’s no specific statute prohibiting their conduct.
Talk to a Minnesota Employment Attorney Today
If you think your employer violated your rights, be prepared to act fast. You may need to file a claim with the Minnesota Department of Human Rights (MDHR) or the Equal Employment Opportunity Commission (EEOC) before bringing a lawsuit. A knowledgeable employment law attorney at Fabian May & Anderson, PLLP, can review your case and explain your options. Contact us to learn more.
