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Can My Employer Fire Me for Reporting Violations of Law?

October 11, 2021/in Blog

The Minnesota Whistleblower Act (MWA) protects employees who report illegal activity, or “blow the whistle,” at work. The MWA prohibits employers from discharging, disciplining, threatening, discriminating against, or penalizing an employee in relation to compensation or the terms, conditions, location, or privileges of employment because an employee reported illegal activity.[1] You are protected under the […]

Can I Request My Personnel Record from My Employer?

September 28, 2021/in Blog

Can My Employer Fire Me for Reporting Violations of Law?

October 11, 2021/in Blog

Can I Request My Personnel Record from My Employer?

September 28, 2021/in Blog

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Can My Employer Fire Me for Reporting Violations of Law?

October 11, 2021/in Blog

You are protected under the MWA if you make a good faith report of a violation, suspected violation, or planned violation of any state or federal law, common law, or rule.[2] These categories are very broad and protect a wide range of conduct. You are protected whether you make this report to your employer or any governmental body or law enforcement official.[3] In addition and separately, you have the same protections if a public body or office requests that you participate in an investigation, hearing, or inquiry.[4]

Whistleblower protections include, for example, reporting violations relating to COVID-19, state or federal workplace safety rules, criminal violations, securities laws, and virtually any other type of legal rule, law or regulation.

If you have questions about whistleblower rights contact us. Or if believe that your employer has terminated your employment or treated you unfairly after you reported illegal activity, contact us. Our experienced Minnesota employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.

[1] Minn. Stat. § 181.932, subd. 1(3).

[2] Minn. Stat. § 181.932, subd. 1(1).

[3] Minn. Stat. § 181.932, subd. 1(1).

[4] Minn. Stat. § 181.932, subd. 1(2).

Can I Request My Personnel Record from My Employer?

September 28, 2021/in Blog

Under Minnesota law, if an employee makes a written request to their employer, the employer must provide the employee with the opportunity to review their personnel record.[1] However, the employer is not required to provide an opportunity for the employee to review their personnel record if the employee has reviewed their file within the previous six months.[2] After an employee no longer works for the employer, the employee may review their personnel record once per year for as long as the record is kept.[3]

For current employees, if an employee makes a written request, the employer must allow the employee to view the file within seven days for records kept in Minnesota, or fourteen days for records kept outside of Minnesota.[4] For current employees, the personnel record (or an accurate copy) must be made available to the employee during the employer’s normal operating hours.[5] The employer is allowed to be present (or have a representative present) during review of the personnel file.[6] After review, the employee can make a written request for a copy of the record, and the employer is required to provide a copy.[7]

For former employees, the employer must provide a copy once the former employee makes a written request, but need not allow review of the personnel file itself.[8] The employer is not permitted to charge a copy fee for the copy of the personnel file.[9] The employer must provide a copy of the file to the employee within seven days (for files kept in Minnesota) or fourteen days (for files kept outside the state).

If you have questions about this process, contact us. Our experienced employment law attorneys would be happy to discuss the process and help you determine your next steps.

[1] Minn. Stat. § 181.961, subd. 1.

[2] Minn. Stat. § 181.961, subd. 1.

[3] Minn. Stat. § 181.961, subd. 1.

[4] Minn. Stat. § 181.961, subd. 2(a).

[5] Minn. Stat. § 181.961, subd. 2(b).

[6] Minn. Stat. § 181.961, subd. 2(b).

[7] Minn. Stat. § 181.961, subd. 2(b).

[8] Minn. Stat. § 181.961, subd. 2(c).

[9] Minn. Stat. § 181.961, subd. 2(d).

[10] Minn. Stat. § 181.961, subd. 3.

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