Wrongful Termination in Minnesota

Wrongful termination occurs when an employee is fired or demoted for an illegal reason. Under Minnesota law, retaliation or reprisal is a common form of wrongful termination. For example, if you complained about harassment or discrimination, reported safety violations, blew the whistle on illegal activity, took protected leave, or otherwise asserted your legal rights, your employer cannot lawfully fire or punish you for it. This is true under both the Minnesota Human Rights Act (MHRA) and federal law: an employer who “intentionally engage[s] in any reprisal” against an employee for opposing discrimination or participating in an investigation is committing an unfair practice.

Wrongful termination also includes being fired because of protected characteristics. The MHRA expressly makes it illegal to fire, refuse to hire, or otherwise discriminate in employment on the basis of race, color, creed or religion, national origin, sex (including pregnancy), gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, or ager. For example, firing someone because they are over 40 (age), pregnant (sex), or of a certain race violates Minnesota law. Replacing an older worker with a much younger employee can create an inference of age discrimination – while not conclusive, it may be evidence that age was a factor in the firing.