Common Claims To Consider When Deciding Whether To Terminate an Employee in Minnesota

DISCRIMINATION (Is there any bad actions of employer, viewed in the light most favorable to employee, that could constitute discrimination?)

  • Disparate treatment based on legally protected classes
  • Failure to make a reasonable accommodation
  • Harassment

BREACH OF CONTRACT (Is there any type of contract, viewed in the light most favorable to employee, the employer could have violated?)

  • Oral
  • Written
  • Offer letter
  • Handbook
  • Discipline policy

WHISTLEBLOWER (Did the employee make a good faith report to a third party of a violation or suspected violation of the law?)

RETALIATION (Was there a prior complaint of discrimination or harassment?)

DEFAMATION (Did employer makes a communication to someone other than the plaintiff that is flalse and tends to harm the plaintiff’s reputation?)

TORTIOUS INTERFERENCE WITH CONTRACT (If there is a contract, did employer interfere with it in actions that constitute malicious intent?)

INVASION OF PRIVACY (Was the employee’s reasonable expectation of privacy violated?)

INFLICTION OF EMOTIONAL DISTRESS (Did any action of employer constitute intentional or negligent infliction of emotional distress?)

OTHER CONCERNS (Does any prior conduct of the owners/managers/supervisors/co-workers, viewed in the light most favorable to the employee, raise any other concerns?)

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