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Can I fire employees for reasons other than poor performance in Minnesota? What are the requirements?

Can I fire employees for reasons other than poor performance in Minnesota? What are the requirements?

Yes, in Minnesota, an employer can fire an employee for any reason as long as it is not illegal, such as discrimination based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation, or marital status [3]. However, there are some exceptions to this rule.

Exceptions to the employment-at-will doctrine

  1. Public policy exception: An employer cannot terminate an employee for reasons that violate public policy. For example, an employer cannot fire an employee for reporting illegal activity or refusing to engage in illegal activity [5].
  2. Implied contract exception: If an employer has made promises to an employee that create an implied contract, the employer cannot terminate the employee in violation of that contract. For example, if an employer promises job security in exchange for certain performance, the employer cannot terminate the employee without cause before the promised job security period has ended [5].
  3. Implied covenant of good faith and fair dealing exception: An employer cannot terminate an employee in bad faith or with malice. For example, an employer cannot fire an employee to avoid paying a bonus or to prevent vesting of stock options [5].

Requirements

If an employer decides to terminate an employee, it is recommended to document the reasons for the termination and to provide the employee with a written notice of separation [3]. However, no notice of separation is required by law in Minnesota [3].

It is important to note that an employer cannot terminate an employee for discriminatory reasons, as mentioned above. Additionally, an employer cannot terminate an employee for taking pregnancy-related medical leave [1].

If you have any further questions or concerns, it is recommended to consult with a legal professional.

[3]: Employment termination | Minnesota Department of Labor and Industry [5]: The employment-at-will doctrine: three major exceptions [1]: Enforcement Guidance on Pregnancy Discrimination and Related Issues | U.S. Equal Employment Opportunity Commission

Source(s):
Jurisdiction

Minnesota