Employee Protection Exceptions in Minneapolis, Minnesotaby J. Ashwin Madia Lawyer
All the states in the union function under the “at-will” employment system, and Minnesota is one of them. “At will” system implies that both the employees and employers have the right to terminate their work relationship at any point of time and for any reason. However, most of the states add specific exemptions to balance the law and protect employees from wrongful terminations. Are you a victim of wrongful termination in Minneapolis? Minneapolis, Minnesota, to has certain exceptions for you.
Minnesota identifies two worker protections by the United States labor law out of three, i.e., the public policy and implied contract exceptions. The third one that Minnesota does not incorporate is a good faith and fair dealing clause.
Public Policy Exception
The public policy exception allows an employee to challenge their termination based on the violation of a conventional public policy of the state. Workers in Minnesota can use their whistleblower right to get protection against termination due to refusing to take part in illegal activities at the workplace or reporting a violation of state or federal law.
Implied Contract Exception
It is natural that an employer may offer a contract to their employees to attract potential talent or to protect them legally in other ways. And the public policy exception makes these contracts lawfully obligatory. The best part of this exception is that it lengthens to cover materials other than that of formal contracts. For instance, if an employer provides a handbook to the employee, which comprises of different actions that can be the basis of termination, the court will recognize that as a legally binding contract if the employee subtly accepts the terms by continuing to work even after reviewing the clauses.
Other Protections by Minnesota State
The Minnesota state offers certain additional specific protections to the employees under state law. As per the state’s law, if an employee is terminated, then they have the right to request an honest written explanation for their termination within 15 days from the date of the termination. The employer is bound to provide the written report within 10 days of the request. Another protection under state law says if an employee is fired, their owed wages are due within 24 hours of the termination unless they were handed over with money or property that belongs to the employer. In such scenario, the employer has 10 days to make an audit before offering final payment. Unpaid benefits like vacation time should also be provided to the terminated employee within 30 days.
Worker’s Compensation Insurance
Employers in Minnesota must have workers’ compensation insurance that should cover both illnesses and injuries that are either caused on duty or have worsened during work hours at the job. Employees can get their medical expenses related to the health condition by the employer as well as recover part of their lost income if their workers’ compensation claim is successful. Such claims are directly made to the employer. In case if due to the injury you could not return to your job, then you can also claim for vocational rehabilitation services.
To better understand the laws and protections provided by the state, you need to consult with an experienced and competent Minneapolis wrongful termination lawyer. They can help you fight for your right legally in the court against your employer.
This article is written by Madia Law LLC, a premier law firm in Minnesota. If you are looking for a confident and experienced Minneapolis wrongful termination lawyer then contact them today.
Created on May 29th 2020 06:27. Viewed 145 times.