- with readers working within the Consumer Industries and Healthcare industries
- within Litigation and Mediation & Arbitration topic(s)
In this series, we will explore some of the ways states vary from one another in their employment laws.
Employment is presumed to be at-will in 49 states and employers typically are not required to provide employees with a reason why their employment is being terminated. Frankly, many employment lawyers would advise that employers do not provide employees with detailed reasons why their employment is being terminated — if the employee subsequently files a discrimination charge or lawsuit, the employer may be bound by a detailed explanation and face a shifting-reasons pretext finding if it attempts to provide different reasons after the fact.
However, some states offer terminated employees a legally-protected way to get an explanation for their termination. For example, in Minnesota, an employee who has been involuntarily terminated has 15 business days to request a reason for their firing. Once an employer receives such a request in writing, it must provide a written, truthful reason for the termination within 10 working days. Failure to supply the required written explanation may result in civil penalties.
The law is silent as to the contents of the notice other than that it must be in writing and must be truthful. Employers are likely best suited by providing a brief explanation and by reserving all rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
