Every state is able to set rules for how employees can be let go from working for employers. Like many states across the country, Minnesota is an “at-will” employment state. This means the employee is working at the will of the employer and can be terminated at any time and for any reason, as long as the reason is not illegal.
For employees, this is a differentiation that often seems unfair and ultimately favoring employers. It means the employer does not even have to give a reason for the termination, and it may be unfair, unjust, or even unethical, but it is still not considered under the law to be “wrongful.”
What is Wrongful Termination?
Discussing your case with wrongful termination lawyers is the best way to verify if you have a case or not. As a basic guideline, wrongful termination claims can be used if the employee was fired based on discrimination for age, sex, race, disability, or sexual orientation. It is also the case if the employee was fired as retaliation for making a discrimination claim or otherwise reporting the company as a whistleblower.
Other cases that experienced wrongful termination lawyers can bring include cases of people fired for using FLMA time, filing a Workers’ Compensation claim or reporting the company to any governing body regarding pay practices or failing to pay employees, not paying for overtime work or requiring the employee to work outside of his or her designated work times.
These are very complex cases, and wrongful termination lawyers must be able to prove the employer fired the employee for one or more of the above listed issued. This typically includes establishing a pattern of similar behavior or gathering evidence to show how the employer engaged in these activities to prove your case.
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