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Retaliatory Discharge

Minnesota has a retaliatory discharge law, also known as a "whistleblower" law, which makes it unlawful for an employer to terminate, threaten, or take other disciplinary action against an employee who in good faith reports to his supervisor or to law enforcement a violation or suspected violation of any state or federal law or regulation.  The law further applies if the employee is disciplined for participating in a government investigation or proceeding, or is disciplined for refusing to participate in an activity that the employee has an objective basis to believe is unlawful. The law is not applicable if the report is of conduct the employer already is aware of.

If one brings a claim for retaliation, the burden is on the employee to establish that he engaged in protected conduct, that the employer took adverse action, and that there was a causal relationship between the conduct and the discipline. If the employee meets this burden, the burden then shifts to the employer to show that the disciplinary action was for a legitimate, non-retaliatory reason. If the employer meets that burden, the employee must show that the purported legitimate justification was merely a pretext. 

If you believe your employer may have treated you unlawfully, please contact me at (952) 239-0346



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