It is illegal for your employer take any adverse action against you – including making decisions about wages, promotions, discipline, suspensions, or terminations – because you filed a discrimination complaint with your employer or were a whistleblower of workplace discrimination. Moreover, employees are protected if they refuse an order by their employer to perform an act that they believe is discriminatory. Good faith does necessarily mean that you are correct about the violation – it simply means that you have to actually believe that the law is being violated.
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Wrongful termination FAQs
+ What laws protect reporters of workplace discrimination?
Discrimination is illegal and so is retaliation for reporting to your employer or third party. Under the Minnesota Human Rights Act (MHRA), it is illegal for an employer to discriminate against an employee due to race, religion, national origin, gender, marital status, disability, sexual orientation, age, and/or other protected categories. In addition, the MHRA prohibits an employer from retaliating against an employee who has filed a charge of discrimination or opposed a discriminatory practice.
+ How do I prove a claim of retaliation for reporting or opposing discrimination?
First, we need to establish that you engaged in protected activity – that you made a good faith report to a supervisor or manager about discrimination or acted in opposition to a discriminatory practice.
Then, we must prove that the stated reason for an adverse employment decision is not the actual, illegal reason – reporting unlawful activity or refusing to engage in it. We need to demonstrate that the reason for the adverse employment decision is either factually wrong or that it wasn’t applied equally to similarly-situated employees.
+ How much is an discrimination reporting retaliation case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a discrimination reporting retaliation case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim discrimination reporting retaliation even if I quit?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Retaliation claims for reporting discrimination or refusing to engage in discriminatory practices may still apply under these circumstances.
+ What should I do if I’ve been retaliated against for reporting discrimination or opposing discriminatory practices at work?
Write everything down: what happened to you; the date and to whom you made your good faith complaint or your actions opposing discrimination, what was done in response, and who was present as witness; the dates and who made the adverse employment decisions, what they said were the reasons for the decisions, and who was present as witness; whether you think the reasons your employer gave you was accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
If your employer has not paid you all of your wages or given you your last paycheck, request those wages in writing.