The United States Department of Labor is responsible for administering regulations and statutes that affect business and are designed to protect employees from unfair practices. These are standards that business are required to adhere to; however, states also have the power to enact statutes and regulations to protect workers from unfair treatment. As such, corporations
Minnesota Whistleblower Protection Attorney
Whistleblowing refers to the idea that a employee can make a complaint against their employer regarding a problem they have encountered without the fear of retaliation by the employer. Employers cannot act against an employee if they: report a violation or suspected violation of any federal or state law, are requested by a public body or office to participate in an investigation, refuses an employer’s order to perform an act they believe may violate state or federal law, report a violation by a health care provider, or a public employee reports the findings of a scientific or technical study they believe is accurate. When filing a report to a government body or law enforcement official, the identity of the employee may be private data. It is important for employers to understand these rights so that they do not find themselves on the wrong end of an expensive whistleblowing case.
Minnesota Whistleblower Law, the Kidwell Case and “Good Faith”
Sometimes employees have to make some tough decisions when they are faced with actions the employee perceives as wrongdoing. What do they do? Do they report it to their superior? Do they report it to the authorities? Do they quit? What happens if they report it and get fired? Are there protections? Minnesota has
Minnesota Statute § 541.05 Applies to Whistleblower Actions On December 15, 2014, the Minnesota Court of Appeals held that the six-year statute of limitations pursuant to Minn. Stat. § 541.05, subd. 1(2) applies whistleblower actions. This ruling came from Ford v. Minnesota Public Schools, --- N.W.2d ---, (Minn. Ct. App. 2014). In Ford, Yvette Ford
Public Employee Testimony is Protected from Workplace Retaliation: Lane v. Franks
In the June 19, 2014 opinion, the United States Supreme Court held that sworn testimony by public employees outside their job responsibilities, is protected by the First Amendment from retaliation. The court ultimately ruled that the testimony given by Edward Lane should not have resulted in his termination from his job. In 2006, Lane was
Can an Employee be Punished or Fired for Refusing to Engage in Illegal Activity?
No, an employer may not fire or otherwise punish an employee for reporting or refusing to engage in illegal activity. According to Minnesota Statutes Section 181.932, “[a]n employer shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee…because the employee…reports a violation or suspected violation of any federal or state law.” Additionally, an
Minnesota Workplace Retaliation & Whistleblower Protection
In order to empower employees to assert their legal rights without fear of reprisal from their employers, federal and state law offers employees a cause of action against workplace retaliation. Workplace retaliation occurs when an employer discharges, disciplines, threatens, or otherwise discriminates against or penalizes employees because they report a violation of any federal or
Minnesota Whistleblower Law: Employees’ Rights Reporting Wrongs.
Presumably, most people are honest. Most people don't steal, they pay their taxes, and their actions mostly conform to the laws of our society. There are, however, a few bad apples in the bunch. What happens if you work for one of the wrongdoers? Should you turn in your boss? The answer to this question