Termination of Employment Attorney in Minneapolis, Minnesota
What must be proved to win a case for wrongful termination in Minnesota?
What must be proved to win a case for wrongful termination in Minnesota?
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you need to
prove that an unlawful or an illegal
motivation drove the employer’s decision
to fire you so Minnesota is an atwill
state you can be an employee can be
hired or fired for any reason or no
reason even a stupid reason even an
elite even an unfair reason doesn’t
matter that’s all fine and the only
thing an employer can’t do is fire
someone for an illegal reason an illegal
reason is because of somebody’s race or
their gender or their disability or who
they love those kinds of immutable
characteristics an illegal reason is
retaliating against someone because they
blew the whistle on some kind of illegal
activity or because they made a
complaint of discrimination and so
usually the fight in employment cases is
the employer says “No we did it because
the employee was a bad employee and they
were late all the time they had these
performance issues and we say “No you
actually did it because they made a
complaint of discrimination or because
of this other protected criteria.” And
so what we do to prove that up an
employer is never going to admit that an
unlawful criteria is what motivated them
so we attack the reason that they gave
we say “Okay well you say this was a bad
employee but you actually gave him great
performance reviews and he actually
performed better than all these other
employees that you didn’t terminate and
you only fired him 2 days after he made
this complaint and by the way you have a
history of retaliating against other
employees.” So that’s called
demonstrating pretext that the
employer’s reason is not worthy to be
believed and there’s a dozen different
ways to do that it’s really only limited
by your creativity but that’s why we’re
try what we’re trying to prove we’re
trying to attack the employer’s reason
and for terminating and show that it
cannot be believed
Minneapolis, MN employment law attorney Ashwin Madia talks about what must be proven to win a wrongful termination case in Minnesota.
