Minnesota Employment Law
In today’s economic environment, many people wonder what rights they have when faced with losing their job. Does your employer need a reason to fire you? If you disagree with the decision to terminate your employment, can you sue? The short answer is: It depends.
Minnesota, like most states, has at-will employment. What that essentially means is that you or your employer can terminate your employment at any time for any reason – or for no reason at all. The only caveat is that your employer cannot terminate you for a discriminatory reason like your race or gender, nor can it retaliate against you for reporting what you think is illegal activity or for filing a worker’s compensation claim. Often people mistakenly believe that they are required to give or receive two weeks notice before ending employment. That is just a courtesy, however, not a requirement.
Exceptions to At-Will Employment
There are some situations where at-will employment is not the standard. The most basic occurs when you have a contract to work for a certain period of time. If you agree in writing to work for your employer for three years, for example, your employment is no longer at-will. Instead you are bound by the terms of the contract. There may be language in the contract that allows you or your employer to terminate your employment early, but it is not classic at-will employment.
An employment contract may also state that it is at-will, but at the same time provide a termination procedure. For example, a contract may provide that your employer must provide you with certain written warnings about your performance and an opportunity to remedy your performance before you can be terminated. Courts are divided about whether this actually changes the at-will relationship.
Independent contractors may also be subject to the at-will doctrine. Independent contractors perform services much like an employee, but are categorized differently for tax and other purposes. There are many different legal rules for distinguishing between an employee and an independent contractor. The most basic test is who exercised control over the time, place, and manner of completing the work. Unless the contract provides otherwise, most independent contractors are at-will.
Discrimination
Even though your employer can fire you in an at-will relationship for virtually any reason, it cannot be a discriminatory reason. There are certain “protected classes” in the law that are protected from discrimination. Your employer cannot fire you because of your race, national origin, religion, gender, age, or disability. There are some exceptions when a person’s gender, religion, or national origin may be a bona fide occupational qualification. In those instances, it is not considered illegal discrimination to use one of those classifications for employment decisions. Perhaps the most famous example is that of the United States President: The Constitution requires the President to be a natural born citizen of the United States. His or her national origin is a bona fide occupational qualification.
Wrongful Termination
So what constitutes wrongful termination if your employment is at-will? If you were fired for a discriminatory reason, you may have a legal claim against your employer. If you believe your employer has engaged in illegal activity and you report it to government regulators, your employer also cannot terminate you for that reason. It would be considered retaliation or a violation of “whistleblower” statutes. Your employer cannot fire you for filing a legitimate worker’s compensation claim. These are narrow exceptions, however. Under at-will employment, you have to prove that your employer was more than just unreasonable or unfair to succeed with a wrongful termination claim.
If you have a contract for a specific term and you are fired before the end of that term, you may have a claim for wrongful termination. Employers sometimes set forth termination procedures in employment contracts or in employee handbooks. If your employer fails to follow the termination procedure it established, you may also have a claim for wrongful termination. Whether you have a claim is very dependent on the specific facts of your situation.
When to Contact a Lawyer
If you have lost your job and you believe you were terminated for an illegal (not just an unfair) reason, you may want to contact employment attorneys. It is important to keep in mind that the law may limit the time in which you can file a claim against your employer. Talk to a lawyer as soon as possible. He or she can help you evaluate whether you have a claim and how to proceed. The attorneys at Twin Cities Law Firm are available to hire to investigate whether you have a claim.
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