A lot of calls with prospective clients start with them telling me, “Hey, I’ve got a great wrongful termination case.” And a lot of times my response is, unfortunately, something along the lines of: “No, you don’t. You’ve got a pretty good argument that you were fired unfairly, but that’s not the same as being fired unlawfully.”
Most workers in Minnesota are employees at will, which means that:
- An employer can terminate an employee at any time,
- For any reason
- For no reason at all, and
- With or without notice.
And employees have the same freedom; they can quit at any time, with or without notice, for any reason. When quitting, there is no legal obligation on the part of an employee to give their employer a reason before telling their boss to, as Johnny Paycheck would say, “Take this Job and Shove It,” nor are they required to give two weeks’ notice, though that has become a customary professional courtesy.
There are, of course, exceptions to the employment-at-will doctrine, for example, a written employment contract or, in the context of unionized labor, a collective bargaining agreement. But most employers and employees remain free to decide when, for how long, and under what circumstances they want to work together.
The Big Misconception: “I Was Fired Unfairly, So It’s Wrongful Termination”
Many people assume that if a termination feels unfair, harsh, unreasonable, or just a bad business decision, it must be illegal. Not so, unfortunately. As noted above, unfair does not necessarily (or even usually) mean unlawful, and there is no broad legal category of claims called “wrongful termination” in Minnesota. Instead, a firing is unlawful, or legally “wrongful,” only under limited circumstances in which the employer violates a specific law or other legally recognized protection. Classic examples of such laws/protections are statutes that prohibit discrimination or whistleblowing.
In Minnesota, examples of such statutes include, but aren’t limited to:
- The Minnesota Human Rights Act: Which makes it illegal for employers to discriminate against employees based on their membership in a protected class (race, sex, age, religion, sexual orientation, etc.), or their participation in protected conduct (objecting to unlawful discrimination in the workplace);
- The Minnesota Whistleblower Act: Which makes it illegal for employers to retaliate against employees who report their employers for engaging in conduct that they in good faith believe to be unlawful; and, more recently,
- The Minnesota Paid Leave Law: Which makes it illegal for employers to fire or discriminate against employees who utilize the statute and take paid leave to deal with things like serious health conditions, domestic violence, or childbirth/bonding.
In short, if there’s no law being violated, the termination, no matter how inequitable, may still be completely legal. And there is no law against an employer or supervisor being mean, unfair, or even just plain stupid.
Work With an Experienced Employment Law Attorney Today
Given that the legal protections employees enjoy are not as broad as most folks think, it’s always a good idea to talk to an experienced employment law attorney about any firing or other negative job action (forced leave, suspension, etc.) to see if the employer has acted outside the bounds of the law. The attorneys at MSB have decades of experience and stand ready to help. Contact MSB Employment Justice today to discuss your case.
