Learn How To Apply For Unemployment Claims With Our Guide

Learn How To Apply For Unemployment Claims With Our Guide

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Any employee wrongfully terminated in MN by an employer has the right to pursue legal action against the former employer.

What is wrongful termination and what should employees do after? Wrongful termination in Minnesota is when an employer fires an at-will employee from a company due to discrimination.

However, an employee wrongfully fired has options, starting with filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC). Before assuming wrongful dismissal after the loss of employment, it is important to know what qualifies as illegal termination.

Unlawful termination is a traumatic experience for the employee and in bad character of the employer. If EEOC determines an employee was wrongfully terminated from their job but is unable to settle the dispute, the former employee has the right to file a lawsuit.

Minnesota Unemployment Resources

Types of Illegal Termination in Minnesota

Types of illegal termination of employment include terminations in violation of labor laws, federal laws and state laws. Many types of unlawful termination are discrimination based on age, sex, race, religion or disability.

Minnesota also has types of illegal firing in relation to a breach of contract or employment agreement. If any of these types of illegal dismissal of employment apply to a case, former employees have the right to file a discrimination claim with the EEOC.

Identifying the types of unlawful terminations from employment is important because it also identifies the employee’s cause of action. The federal and state government determine the various types of illegal terminations in Minnesota to ensure every company abides by the same guidelines.

There are types of legal dismissal of employment that employers will not have discrimination charges or lawsuits brought against them. Types of legal firing include the end of a contract, layoffs and unsatisfactory work performance. A company must have legal reasons for terminating employees in Minnesota for both contract and at-will associates.

Contract associates will have the potential reasons for dismissal outlined in their contract. Layoffs qualify as types of legal termination of employment that meet the requirements for former employees to collect unemployment benefits. Layoffs can be due to a lack of work and company closures. It is important to know the types of legal terminations in Minnesota, as well as the illegal types, to be aware of the rights to which former employees are entitled.

At-Will Employment Exceptions in Minnesota

“What is employment at will?” is a common question for Minnesota workers. An at-will employment status means an employer can discharge an employee at any point for any reason that does not infringe his or her rights.

The next question, “Is Minnesota an at will state?” and the answer is yes. There are three types of exceptions to at will employment including the covenant of good faith, public policy and implied contract. The public policy exception includes termination based on the employee refusing to violate any laws.

An implied contract is when an employee and employer have an oral agreement on the employment status and length of employment. A covenant of good faith is when an employee meets job requirements, but the employer still discharges him or her normally in a sneaky way. The at will employment exceptions in Minnesota include public policy and implied contract. Minnesota does not recognize covenant of good faith exceptions.

Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Minnesota

It is important to know how to file a charge of employment discrimination and the deadlines by which wrongfully employees must submit a claim. The first step in filing a charge of discrimination in Minnesota is to determine eligibility by assessing the unlawful termination and contacting a local EEOC office. It is also crucial to file a charge of discrimination in Minnesota within 180 days from the date of dismissal.

There are several ways how to file an EEOC employment discrimination including by phone, by mail and in person. Once a former employee contacts the EEOC to file a wrongful termination discrimination charge, the investigation will begin. The EEOC will attempt to resolve the issue through mediation first. Mediation cases typically resolve within three months. If the issue cannot be resolved through mediation, an investigator will begin compiling evidence and make a conclusion on the case.

When the EEOC finds that no violation has been committed former employees will receive a Notice of Right to Sue. If EEOC finds a violation, the agency will begin settlement proceedings with the employer. In the case that the EEOC is unable to reach a settlement, the case will be given to the legal department, which will then file a wrongful termination discrimination charge lawsuit or instruct former employees that they can file a lawsuit.

Filing a Lawsuit Against Your Employer in Minnesota

Can I file a lawsuit for wrongful termination? Some former employees seek to file lawsuits against employers for wrongful termination but do not realize they must complete a discrimination charge first and receive a Notice of Right to Sue. Suing for wrongful termination in Minnesota can result in former employees receiving damages, back pay and even reimbursement of attorney fees.

However, employees who do not have substantial evidence when filing a wrongful termination claim against the employer may lose their case and will have various court and attorney fees assessed. This should not discourage you to file a lawsuit against your employer in Minnesota especially if you are eligible for it. An attorney can assist with how to file a wrongful termination lawsuit if the EEOC cannot do it through the agency.

Last Updated: October 18, 2022