Minnesota Hourly Employee Evaluation
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FAQ
In order to win a wrongful termination claim, you must prove that the stated reason for your termination is not the actual, illegal reason. Your employment lawyer needs to demonstrate that the reason for your firing is either factually wrong or that it wasn't applied equally to similarly-situated employees.
(See Minnesota Statutes 177.24, 177.25 and Minnesota Rules 5200.0120.) Your employer may not deduct from your wages for breakages, cash shortages, tools or uniforms. Some exceptions to this rule are allowed, contact Labor Standards for more information (contact information is below).
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
Wrongful Termination in Minnesota That means that your employer can fire you for any reason or no reason at all even a stupid, incorrect, unfair, or unethical reason provided that it's not an illegal reason. Employers can and often do make mistakes or bad business decisions when they terminate employees.
Minnesota is an employment "at will" state. An employee can quit for any reason; an employer can fire any employee for any reason as long as that reason is not illegal, such as discrimination based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation or marital status.
An employer cannot usually impose a pay cut unilaterally on employees. However, there are situations where this may be possible for example, the right to reduce their remuneration package may be covered in the employment contract.
Minnesota law only makes a termination wrongful in a few circumstances. A termination is wrongful when an employer terminates an employee because of a protected characteristic, or because the employee engaged in protected conduct/activity.
Employers can cancel a pay raise in most states without violating labor laws. If you are a member of a union, you may have some recourse, and circumstances regarding the revocation of your added compensation also may give you a foothold to file a complaint to regain your increase.
How many hours do I have to work to be considered a full-time employee? Minnesota law does not define employees as full or part time, rather Minnesota Rules 5200.0170 defines a workweek. A workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
If the actual number of hours worked is available, it should be reported. In the absence of reliable figures, full-time employees should be reported at 40 hours per week. Hours worked by part-time employees and those who work more than full-time should be estimated.
