John A. Klassen, PA Minnesota Employment Law Attorney
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The basis for a wrongful termination claim

It is never a pleasant thing to be fired from a job. It can be a blackmark on a person's résumé, and there will likely be no professional references from that job. However, not all terminations of employment are legal. In some cases, the reason for a person's dismissal from a job could violate certain areas of employment law. When that is the case, a wrongful termination claim might be an option.

There are many different types of basis for a wrongful termination claim. Probably the most common basis is a termination that is based on unlawful discrimination. Our society has made great progress in the fight against discrimination, but the reality is that some employers still fire employees for reasons based on a worker's race, age, gender or nationality. If a Minnesota resident suspects that a firing was due to one of these unlawful reasons, it could be the basis for a wrongful termination claim.

Another cause of a wrongful termination is when an employer retaliates against an employee who has reported the employer for illegal conduct. This type of retaliation is illegal, and could give rise to a wrongful termination claim.

Lastly, another common reason for a wrongful dismissal from employment is when an employee takes time off that is permitted by law, but is then fired because of that time off. For instance, many employees in Minnesota are covered by the Family Medical Leave Act, which allows a person to take unpaid time off to care for a medical condition or to care for a close relative who is suffering from a medical condition. If an employer retaliates against the employee for lawfully taking this time off, it could be the basis for a wrongful termination claim.

Source: FindLaw, "Was I Wrongfully Discharged From My Job?," Accessed April 8, 2017

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