When is a Job Termination Considered Wrongful in Minnesota?
Most employment in Minnesota considered to be "at-will". This means that either the employer or employee can terminate the employment at any given moment, and for any reason. In "at will" employment, the only general exception is that the reasons for termination must not be illegal or in violation of the law.
Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is important to discover whether your employment is so classified. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Minnesota?
Discrimination is the most common illegal grounds for terminating an employee in Minnesota. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. A Rochester employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a Minnesota Attorney for My Wrongful Termination Case?
Local Rochester, Minnesota lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.
