Minnesota is an at-will employment state, meaning your employer can lay you off for any reason or no reason, provided it is not an illegal reason such as discrimination or retaliation. If your employer’s reason for firing you falls into one of those buckets, you may be eligible for a wrongful termination claim. Wrongful termination may also be referred to as unlawful termination or illegal termination.
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Wrongful Termination FAQs
+ When is firing an employee illegal?
There are many illegal reasons for termination that could form the basis for a wrongful termination claim.
- Discrimination on the basis of race, age, gender, disability, or sexual orientation
- Retaliation for a discrimination complaint
- Retaliation for whistleblowing
- Retaliation for exercising Family and Medical Leave Act rights
- Retaliation for workers compensation claims
- Retaliation for pay claims
+ How do I prove a wrongful termination claim?
In order to win a wrongful termination claim, you must prove that the stated reason for your termination is not the actual, illegal reason. Your employment lawyer needs to demonstrate that the reason for your firing is either factually wrong or that it wasn’t applied equally to similarly-situated employees.
+ How much is a wrongful termination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a wrongful termination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Does wrongful termination apply if I have an employment contract?
If you have an employment contract, many of its provisions may supersede the fact that Minnesota is an at-will employment state. Protections vary from contract to contract, but generally speaking contracts outline specific procedures for termination. If these procedures have been violated, you may have a wrongful termination claim.
+ Can I claim wrongful termination even if I quit?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Wrongful termination claims may still apply under these circumstances.
+ What is the statute of limitations for a wrongful termination case?
There are different statutes of limitations depending on the facts of your case. Given that wrongful termimation claims can fall under various types of discrimination or retaliation claims, many local, state, and federal laws may all play a role in the statute of limitations based on the facts of your case. It is essential that you contact a Minnesota employment attorney as early as possible.
+ What should I do if I’ve been wrongfully terminated?
Write everything down: what happened to you; the date that you were terminated, who terminated you, what they said was the reason for your termination, and who was present; whether you think the reason your employer gave you was accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: the termination letter; pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for your termination, which must be provided to you under Minnesota law.
If your employer has not paid you all of your wages or given you your last paycheck, request those wages in writing.