Wrongful Termination in Minnesota

Overview

Minnesota is an at-will employment state. That means most employers can fire you at any time, for any reason, or for no reason at all. But there are important exceptions. Your employer cannot fire you for an illegal reason.

Under Minn. Stat. § 181 and the Minnesota Human Rights Act ( Minn. Stat. § 363A ), it is illegal to fire someone because of their race, sex, age, disability, or other protected characteristics. It is also illegal to fire someone for reporting illegal activity, refusing to break the law, or exercising other legal rights.

This guide explains when a firing may be wrongful, what legal protections exist, and how to take action if you believe you were terminated illegally.

Who this guide is for: Minnesota workers who believe they were fired for an illegal reason and want to understand their options, including filing a complaint or pursuing a legal claim.

Do I Have a Case?

Your termination may be wrongful if your employer fired you for any of these reasons:

• Discrimination — You were fired because of your race, color, creed, religion, national origin, sex (including pregnancy and gender identity), marital status, disability, public assistance status, age (over 40), sexual orientation, or familial status, in violation of Minn. Stat. § 363A
• Whistleblower retaliation — You were fired for reporting a violation of law, refusing to participate in illegal activity, or reporting unsafe conditions, protected under Minn. Stat. § 181.932
• Exercising legal rights — You were fired for filing a workers’ compensation claim, taking legally protected leave (FMLA, parenting leave), serving on a jury, or voting
• Breach of contract — Your employer broke a written employment contract that limited the reasons you could be fired
• Implied contract — Your employer made promises in an employee handbook, offer letter, or through a course of conduct that created an implied agreement limiting termination
• Public policy violation — You were fired for a reason that violates a clear mandate of public policy (for example, refusing to commit perjury)

Step-by-Step Process

Step 1: Gather Evidence

Start collecting evidence as soon as possible. Useful evidence includes:

• Personnel file — Under Minn. Stat. § 181.961 , you have the right to review your personnel file. Request a copy in writing from your employer.
• Performance reviews — Were your reviews positive before the termination? A good record followed by a sudden firing can support your claim.
• Emails, texts, and written communications — Save any messages showing discriminatory comments, the stated reason for your firing, or evidence of retaliation.
• Witness information — Write down the names of coworkers who witnessed relevant events or conversations.
• Timeline of events — Create a written timeline showing the connection between your protected activity (complaint, leave request, etc.) and your termination.
• Termination letter or notice — Keep any written notice your employer gave you about the termination and the stated reason.

Tip

Save all evidence outside of your work systems. Once you are terminated, you may lose access to your work email and files. Copy important documents to your personal email or a flash drive before your last day if possible.

Step 2: File an Internal Complaint or Grievance

If you are still employed or have just been terminated, consider using your employer’s internal grievance or complaint process.

• Check your employee handbook for the complaint procedure
• Submit your complaint in writing and keep a copy
• Note the response and any actions taken (or not taken)

If you are a union member, contact your union representative to file a grievance under your collective bargaining agreement.

Filing internally is not required before filing an external complaint, but it creates a record showing you tried to resolve the issue and your employer had notice.

Step 3: File a Charge with MDHR or EEOC

If your termination was based on discrimination or retaliation related to a protected characteristic, you can file a charge of discrimination with:

• Minnesota Department of Human Rights (MDHR) — File within 1 year of the termination. File online at mn.gov/mdhr, by phone at 651-539-1100, or by mail.
• Equal Employment Opportunity Commission (EEOC) — File within 300 days of the termination (if dual-filing with a state agency). Call 800-669-4000 or visit eeoc.gov.

MDHR and the EEOC have a work-sharing agreement, so filing with one agency can satisfy both deadlines — but confirm this when you file.

The filing deadlines are strict. If you miss the 1-year MDHR deadline or the 300-day EEOC deadline, you may lose your right to file that claim. Mark the deadlines on your calendar and file well in advance.

For whistleblower claims under Minn. Stat. § 181.932 , you may file a lawsuit directly in court without first going through MDHR or the EEOC. The statute of limitations for whistleblower claims is generally 6 years for the underlying statutory cause of action, but consult an attorney to confirm the deadline for your specific situation.

Step 4: Cooperate with the Investigation

If you filed with MDHR or the EEOC, the agency will investigate your charge. During the investigation:

• Respond promptly to requests for information or documents
• Provide additional evidence or witness names as they come up
• Stay in contact with your assigned investigator

The agency will determine whether there is probable cause to believe discrimination occurred. If probable cause is found, the agency may attempt to resolve the case through mediation or conciliation.

If no probable cause is found, you still have the right to request a right-to-sue letter and pursue the claim in court.

Step 5: Consider Litigation

You may file a lawsuit in state or federal court depending on your claim. Lawsuits can be based on:

• Discrimination under the Minnesota Human Rights Act or federal anti-discrimination laws (Title VII, ADA, ADEA)
• Whistleblower retaliation under Minn. Stat. § 181.932
• Breach of employment contract (written or implied)
• Public policy violations

If you win, you may be entitled to:

• Back pay — wages you lost because of the termination
• Front pay — future wages if reinstatement is not practical
• Reinstatement — getting your job back
• Compensatory damages — for emotional distress and other harm
• Attorney fees — the employer may be ordered to pay your legal costs

Tip

Many employment attorneys offer free initial consultations and handle wrongful termination cases on a contingency basis, meaning they only collect a fee if you win or settle your case.

Step 6: Understand the WARN Act (Mass Layoffs)

If you were part of a mass layoff or plant closing, the federal Worker Adjustment and Retraining Notification (WARN) Act may apply. Under the WARN Act, employers with 100 or more employees must generally provide 60 days’ advance written notice before:

• Closing a plant or facility
• Conducting a mass layoff of 50 or more employees at a single site

If your employer failed to provide the required 60-day notice, you may be entitled to back pay and benefits for each day of the notice violation, up to 60 days.

Minnesota does not have its own state WARN Act, but the federal WARN Act protections apply to Minnesota employers that meet the threshold.

Key Deadlines

Deadline	Details
File with MDHR (discrimination/retaliation)	Within 1 year of the termination
File with EEOC (federal discrimination)	Within 300 days of the termination (if dual-filing with a state agency)
Whistleblower lawsuit	Generally up to 6 years — consult an attorney for your specific deadline
Breach of contract lawsuit	6 years for written contracts; 6 years for oral contracts under Minnesota law
WARN Act claims	Within 3 years of the plant closing or mass layoff
Request personnel file	You may request it at any time during employment and up to 1 year after separation

Costs & Fees

Item	Cost
Filing a charge with MDHR	Free
Filing a charge with EEOC	Free
MDHR or EEOC investigation	Free
Requesting your personnel file	Free
Consulting an employment attorney	Often free for initial consultation
Hiring an attorney for a lawsuit	Many work on contingency (no upfront fee; paid from your recovery)
Filing a lawsuit in court	Court filing fees apply (vary by court)

Most of the initial steps are free. If you pursue a lawsuit, many attorneys handle these cases on a contingency fee basis. If you win a discrimination or retaliation claim, the court may order the employer to pay your attorney fees.

When to Get a Lawyer

You can file a complaint with MDHR or the EEOC on your own. However, consider getting a lawyer if:

• You believe you were fired because of discrimination or retaliation
• Your employer is offering a severance agreement with a release of claims
• You want to file a lawsuit in court
• The situation involves complex facts or multiple legal issues
• You are unsure whether your termination was illegal or just unfair

Many employment attorneys offer free initial consultations and work on contingency (they only get paid if you win).

Related Guides

Workers' Compensation in Minnesota

A plain-language guide to workers' compensation in Minnesota, including how to report an injury, file a claim, and understand your benefits.

Workplace Harassment in Minnesota

A plain-language guide to understanding workplace harassment laws in Minnesota, including sexual harassment, hostile work environment, and how to file a complaint.

Unemployment Benefits in Minnesota

A plain-language guide to applying for and appealing unemployment benefits in Minnesota, including eligibility, the appeals process, and common issues.

Wage Theft and Unpaid Wages in Minnesota

What to do if your employer has not paid you. A plain-language guide to Minnesota wage theft laws, how to file a complaint, and your rights as a worker.

Where to Get Help

• Minnesota Department of Human Rights (MDHR) — File a discrimination charge or get information. Call 651-539-1100 or 800-657-3704, or visit mn.gov/mdhr
• Equal Employment Opportunity Commission (EEOC) — Minneapolis Office — Federal discrimination claims. Call 800-669-4000 or visit eeoc.gov

Frequently Asked Questions

Is it wrongful termination if my boss fired me for no reason?

Not necessarily. Minnesota is an at-will employment state, so your employer can fire you for no reason at all, as long as the real reason is not illegal (such as discrimination or retaliation). The key question is whether the termination was motivated by an illegal reason.

My employer says I was fired for performance, but I think it was really because of my race. What can I do?

If you believe the stated reason is a pretext (a cover story) for discrimination, you may have a claim. Evidence such as positive performance reviews, discriminatory comments, different treatment of employees outside your protected class, or suspicious timing can help show that the real reason was discrimination. File a charge with MDHR within 1 year.

Can I sue if I was fired for reporting safety violations?

Yes. Minnesota’s whistleblower statute ( Minn. Stat. § 181.932 ) protects employees who report violations of law or refuse to participate in illegal activity. You can file a lawsuit directly in court. You do not need to file with MDHR first for a whistleblower claim.

Does my employee handbook create an employment contract?

It depends. In some cases, specific promises in a handbook (such as a promise to follow a progressive discipline policy before firing) can create an implied contract. However, most handbooks include a disclaimer stating that they do not create a contract. An attorney can review your handbook to determine whether any of its provisions are enforceable.

What if I signed a severance agreement? Can I still sue?

It depends on what you signed. Many severance agreements include a release of claims, meaning you gave up your right to sue in exchange for severance pay. If you signed a release, an attorney should review it to determine whether it is enforceable. In some cases, releases are invalid if they were signed under duress, without adequate consideration, or if they fail to meet legal requirements (such as the Older Workers Benefit Protection Act requirements for age-related claims).

How long do wrongful termination cases take?

Timelines vary widely. An MDHR investigation may take several months to over a year. A lawsuit filed in court can take one to three years or more to reach resolution, depending on the complexity of the case and whether it settles. Some cases resolve through early mediation or settlement negotiations.