Know Your Rights: Wrongful Termination in Minnesota
Minnesota is an at-will employment state, which means your employer can usually fire you for any reason. But there are important exceptions. Your employer cannot fire you for an illegal reason, and if they did, you may have a legal claim.
Your Rights
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You cannot be fired because of who you are. The Minnesota Human Rights Act ( Minn. Stat. § 363A.08 ) makes it illegal to fire someone because of their race, sex, age, disability, religion, sexual orientation, national origin, or other protected characteristics.
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You cannot be fired for reporting illegal activity. Minnesota’s whistleblower law ( Minn. Stat. § 181.932 ) protects you from being fired for reporting violations of law, refusing to break the law, or reporting unsafe working conditions.
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You cannot be fired for filing a workers’ comp claim. If you were hurt on the job and filed for workers’ compensation, your employer cannot punish you for it.
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You cannot be fired for taking legally protected leave. This includes FMLA leave, parenting leave, jury duty, and time off to vote.
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You have the right to see your personnel file. Under Minn. Stat. § 181.961 , you can request a copy of your personnel file during employment and once per year after separation, for as long as the record is maintained.
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A written contract may limit when you can be fired. If you have a written employment contract or your employer made specific promises in a handbook, those promises may be enforceable.
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You may be entitled to damages. If you prove wrongful termination, you may receive back pay, front pay, reinstatement, compensation for emotional distress, and attorney fees.
What to Do
- Request your personnel file. Do this in writing as soon as possible. You have the right to a copy under Minnesota law.
- Save all evidence. Keep copies of your termination letter, performance reviews, emails, texts, and any documents showing the real reason you were fired. Store everything outside of work systems.
- Write down a timeline. Note the dates of any complaints you made, leave you took, or other protected activity, along with the date and stated reason for your firing.
- File a charge with MDHR. If you believe discrimination or retaliation was the reason, file within 1 year at mn.gov/mdhr or call 651-539-1100.
- Do not sign a severance agreement without legal advice. Severance packages often include a release of claims. Once you sign, you may give up your right to sue.
- Talk to a lawyer. Many employment attorneys offer free consultations and take wrongful termination cases on contingency.
Important Deadlines
| Deadline | What It Means |
|---|---|
| 1 year | Deadline to file a discrimination or retaliation charge with MDHR |
| 300 days | Deadline to file with the federal EEOC (if dual-filing with a state agency) |
| 6 years | Statute of limitations for whistleblower and breach of contract claims |
| Once per year | You can request your personnel file once per year after separation, for as long as it is maintained |
Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
LawHelpMN
- Minnesota Department of Human Rights (MDHR): 651-539-1100 – mn.gov/mdhr – Files and investigates discrimination charges
- Equal Employment Opportunity Commission (EEOC): 800-669-4000 – eeoc.gov – Handles federal discrimination claims
For more detail: See our full guide on Wrongful Termination.