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?
Regarding terminating a Minnesota employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a certain race, religion, gender, or nationality. An employer also may not fire an at-will employee in retaliation for the employee prompting an investigation into discrimination or filing a legal claim of discrimination against the St. Paul employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Minnesota Attorney for My Wrongful Termination Case?
A local St. Paul, Minnesota attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
