Minneapolis Wrongful Termination Attorney
We understand your job is more than just a paycheck; it is a source of pride and self-worth. Unfortunately, Minnesota is an at-will employment state, which means that in most cases your employer can fire you at any time for any reason, for a bad reason, or for no reason at all.
There are some exceptions to employment at-will, as set forth below:
Contract. If you and your employer signed an employment contract, it may contain language that says your employer can only fire you “for cause” (i.e., a good reason). Additionally, if an employment contract states that your employer will employ you for a certain length of time, your employer may only be able to fire you for cause. Finally, if your employer made an oral or written statement (including pre-employment statements) that tends to restrict its right to terminate your employment at any time for any reason, a court may find that it had a contractual duty to refrain from firing you without a good reason.
Employee Handbooks/Policies. Employee handbooks, manuals, and policies sometimes contain language limiting an employer’s ability to terminate employees. For example, an employee handbook may set forth a discipline procedure the employer must follow prior to termination. Review your employee handbook to determine your rights.
Union Agreements. If you are a union employee, your union may have entered into a collective bargaining agreement with your employer setting forth the circumstances under which your employer can terminate you. Contact your union representative if you are terminated to determine if your employer’s actions violate the agreement. Additionally, it is unlawful for your employer to fire you for participating in any union activity.
Discrimination. State and federal laws bar employers from terminating employees on the basis of race, color, creed, religion, national origin, gender, sexual orientation, marital status, physical or mental disability, receipt of public assistance, or age.
Retaliation. State and federal laws bar employers from terminating employees in retaliation for exercising family medical leave, bringing a discrimination or harassment claim, participating in a discrimination or harassment investigation, blowing the whistle on illegal or improper conduct, or engaging in other protected activities.
Public Policy. Employers cannot terminate employees for reasons that conflict with public policy, such as participating in jury duty or complying with a subpoena.
Contact the Law Office of Joshua R. Williams if you think you have been wrongfully terminated. If we believe your employer has violated your legal rights we will negotiate compensation or sue your employer and represent you in court, if necessary.
We take most cases on a contingent fee basis, which means you us nothing unless we are able to recover money for you.
Our client worked for her company for over 20 years and loved her job. In recent years, she developed musculoskeletal disorders, including fibromyalgia, and fought her disabilities with class and dignity. Eventually, her disabilities forced her to request a reduced workweek, which the FMLA entitled her to receive, and the company approved her request. Shortly thereafter, however, the company brought in a new manager, who fired her “for medical reasons.”
Our firm reached out to the company, and told it we would sue on our client’s behalf under the FMLA, the Minnesota Human Rights Act, and the Americans with Disabilities Act if it was not interested in a fair monetary resolution.
The company initially tried to turn the tables on our client by falsely accusing her of misconduct. The company also made the legal argument that her reduced workweek schedule caused an undue hardship on its business. When our firm pointed out that the company’s legal defense–at bottom, that it decided it didn’t want to comply with her FMLA entitlement anymore–only bolstered the merits of our case, the company did the right thing and offered to settle for an amount greater than two years’ lost wages, the exact amount which is confidential.
Click here to request a free case evaluation.