Practice Areas
Minnesota Workplace Retaliation Lawyer
Retaliation Against Minnesota Employees
Employees have the right to raise concerns about discrimination, harassment, illegal conduct, wage violations, workplace safety, disability accommodations, protected leave, and other workplace rights without being punished for doing so.
Retaliation occurs when an employer takes action against an employee because the employee engaged in legally protected activity.
Paul Lelii Law Office represents Minnesota employees in workplace retaliation and whistleblower cases.
What Is Workplace Retaliation?
Retaliation can occur when an employee:
- Complains about discrimination or harassment.
- Reports suspected unlawful conduct.
- Requests a disability accommodation.
- Requests or takes legally protected leave.
- Complains about unpaid wages or overtime.
- Participates in an investigation involving discrimination or workplace misconduct.
- Supports another employee’s discrimination complaint.
- Refuses to participate in conduct the employee reasonably believes is illegal.
- Reports suspected violations of law internally or to a government agency.
Minnesota’s Human Rights Act prohibits reprisals against employees who oppose discrimination or participate in discrimination proceedings. Minnesota’s Whistleblower Act separately protects certain employees who, in good faith, report violations or suspected violations of law. (MN Revisor’s Office)
What Can Retaliation Look Like?
An employer does not have to expressly say that it is retaliating. Evidence of retaliation may include:
- Termination shortly after a complaint.
- Demotion.
- Reduction in hours or pay.
- Increased discipline.
- Negative performance reviews that begin after protected activity.
- Removal of job responsibilities.
- Schedule changes.
- Transfer to a less desirable position.
- Exclusion from meetings or opportunities.
- Threats or intimidation.
- Sudden claims of poor performance inconsistent with the employee’s history.
- Pressure to resign.
The timing of events can be important, but retaliation cases usually require examination of the entire sequence of events.
Retaliation After Reporting Discrimination or Harassment
An employee does not necessarily have to prove the underlying discrimination claim ultimately succeeds before a retaliation claim can exist.
When an employee raises a workplace concern protected by law, the employer cannot lawfully punish the employee because of that protected conduct.
Retaliation sometimes becomes the strongest part of an employment case because the employer’s conduct changes after the employee complains.
Minnesota Whistleblower Protection
The Minnesota Whistleblower Act prohibits employers from retaliating against employees in several circumstances, including when an employee, in good faith, reports a violation, suspected violation, or planned violation of federal or state law to the employer, a governmental body, or law enforcement. The statute also contains protections involving participation in governmental investigations and certain refusals to carry out unlawful orders. (MN Revisor’s Office)
Whistleblower cases are highly dependent upon exactly what was reported, to whom it was reported, when it was reported, and what happened afterward.
Evidence Matters
Employees who believe retaliation is occurring should preserve evidence lawfully. Helpful evidence may include:
- Emails and text messages.
- Written complaints.
- Performance evaluations.
- Disciplinary notices.
- Pay records.
- Schedules.
- Witness information.
- Human resources communications.
- A detailed chronological timeline of events.
Employees should not violate company policies or improperly remove confidential company information merely to create evidence.
Remedies for Workplace Retaliation
Depending upon the law involved and the facts of the case, remedies may include:
- Lost wages.
- Lost employment benefits.
- Emotional-distress damages.
- Reinstatement or other equitable relief.
- Civil penalties or statutory damages where authorized.
- Attorney’s fees and costs.
- Other damages allowed by law.
Speak With a Minnesota Retaliation Attorney
If you complained about workplace misconduct and were later fired, disciplined, demoted, threatened, or treated differently, the sequence of events should be evaluated carefully.
Paul Lelii Law Office represents Minnesota employees in retaliation and whistleblower matters.
Call 1-888-401-5291 to discuss your situation.