Employment Law Matters                                    
April 21, 2016

 

Six Year Statute of Limitations for Some Minnesota Whistleblower Act Claims
The Minnesota Whistleblower Act (MWA) prohibits employers from retaliating against an employee who, in good faith, reports a violation, suspected violation, or planned violation of law to the employee or any governmental body or law enforcement official - "reporting" claims. The MWA also prohibits employers from retaliating against an employee who refuses an employer's order to perform an action that the employee has an objective basis in fact to believe violates the law, and the employee informs the employer that the employer's order is being refused for that reason - "refusal" claims.

Until recently, Minnesota courts applied a two-year statute of limitations to both "reporting" and "refusal" claims. However, the Minnesota Supreme Court recently held that the statute of limitations for "reporting" claims under the MWA is six years. See Ford v. Minneapolis Public Schools, 874 N.W.2d 231 (Minn. 2016). The statute of limitations for "refusal" claims under the MWA remains two years. Thus, there are now different statutes of limitations applicable to MWA claims, depending on the subdivision that forms the basis for the employee's allegations.

The Court's decision significantly expands the amount of time an employee has to bring a "reporting" claim under the MWA. Therefore, it also extends the time that employers must wait to be assured that they will not be subject to a MWA claim.

If you have any questions about this or other workplace developments, please do not hesitate to contact me or another attorney in Meagher & Geer's Employment Law Group.

 

In the News
Molly Ryan Designated MSBA Board Certified Labor and Employment Law Specialist

Meagher & Geer is pleased to announce that attorney Molly Ryan has been designated as a Board Certified Labor and Employment Law Specialist by the Minnesota State Bar Association (MSBA).

The certified specialist designation, which is administered by the MSBA and approved by the State Board of Legal Certification, is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience. Certified attorneys have demonstrated superior knowledge, skill, and integrity in their specific field and can use the designation of specialist to advertise their credentials. This achievement has been earned by fewer than 3 percent of all licensed Minnesota attorneys.

Molly is a partner at Meagher & Geer, and a member of the firm's commercial litigation and employment law groups. In her employment law practice, she counsels and represents employers in all areas of employment law, including Title VII, ADA, ADEA, FMLA, FLSA, and other federal, state, and local employment laws, as well as employment related claims, contract issues, common law claims, and non-compete and non-solicitations issues. She litigates employment cases through trial in state and federal courts and arbitration, and various state and federal agencies, including the Equal Employment Opportunity Commission, the Department of Labor, and state and local fair employment practices agencies. She also counsels management and human resource personnel on all aspects of personnel management, including employment policies, hiring and firing, employee discipline, responses to requests for accommodations, discrimination and harassment, investigations, responses to employee complaints, reductions-in-force, wage and hour issues, FMLA and other leave issues, contract issues, and other employment issues. In addition, Molly writes employment related agreements and policies, including employment contracts, severance agreements, employment policies, and employment handbooks, and provides training to management, human resource personnel, and employees.

 

 

Established in Minneapolis in 1929, Meagher & Geer has earned a reputation as one of the leading litigation defense and insurance coverage firms in the Upper Midwest. We offer 80 lawyers in 20 practice areas. From our offices in Minneapolis, Minnesota, Bismarck, ND, and Phoenix, Arizona, we represent public and private businesses of all sizes, non-profit organizations, and individuals. 


Our attorneys are licensed in several states, including Arizona, California, Georgia, Iowa, Illinois, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, North Dakota, South Dakota, Texas, Utah, Virginia, and Wisconsin.

Molly R. Ryan

612.347.9169

mryan@meagher.com

 

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