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What is wrongful termination in Minnesota?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Minnesota offers strong statutory protections combined with a narrow common-law public policy exception.

1. Phipps Public Policy Exception

Phipps v. Clark Oil & Refining Corp., 408 N.W.2d 569 (Minn. 1987), recognized the wrongful discharge tort. Most public policy claims are now covered by statute (especially the Whistleblower Act), so common-law claims are rare.

2. Minnesota Human Rights Act — Minn. Stat. § 363A.08

One of the broadest state anti-discrimination statutes:

  • Race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership/activity in local commission, disability, sexual orientation (incl. gender identity), age (any over majority).
  • Applies to employers with 1+ employees.
  • File with Department of Human Rights or local agency within 1 year (longer than most states).
  • 45 days after right-to-sue letter, file in court.
  • Damages: compensatory, punitive (capped at 3x compensatory or $25,000), civil penalties up to $25,000, treble damages for willful violations.

    • 3. Minnesota Whistleblower Act — Minn. Stat. § 181.932

    Broad protection. Prohibits retaliation against employees who, in good faith:

  • Report a violation of any federal or state law or rule to a supervisor or government body;
  • Are requested to participate in an investigation;
  • Refuse to perform an action that violates law;
  • Report a situation in which the quality of healthcare services violates a standard;
  • Communicate with a public service body.

    • 2013 amendments removed the requirement that the report be made to "blow the whistle" and broadened "good faith" definition. 2-year SOL. Damages: lost wages, civil penalties, attorney's fees.

    4. Workers' Comp Retaliation — Minn. Stat. § 176.82

    Allows civil action for retaliatory discharge; up to 3x lost wages plus attorney's fees.

    5. Sick and Safe Time Law — Minn. Stat. § 181.9445 (2024)

    Earned Sick and Safe Time Act effective 2024 — 1 hour per 30 hours worked. Anti-retaliation.

    6. Drug & Alcohol Testing — Minn. Stat. § 181.950

    Strict procedural protections; firing without compliance is wrongful.

    7. Lawful Consumable Products — Minn. Stat. § 181.938

    Prohibits termination for use of lawful consumable products off-duty.

    8. WARN Act

    Federal WARN applies; no state WARN.

    9. Statute of Limitations

  • Public policy tort: 2 years.
  • MHRA: 1 year to file with MDHR.
  • Whistleblower: 2 years.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You may have an expanded post-2013 Whistleblower Act claim
    • Your employer violated drug testing procedures before terminating you
    • You face the 1-year MDHR deadline (longer than most states but still finite)
    Related Statutes & Laws
    • Minn. Stat. § 363A.08
    • Minn. Stat. § 181.932
    • Minn. Stat. § 176.82
    • Minn. Stat. § 181.9445
    • Minn. Stat. § 181.950

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.