The law specifically prohibits retaliation against an employee for asserting his or her rights under the law. An employee may bring a civil action against an employer for violation of the law. Generally, the employee may recover actual damages and costs. If the employer is found to have unlawfully retaliated against the employee, the employee also may recover back pay, reinstatement or other equitable relief, and reasonable attorney’s fees. The Minnesota Department of Labor and Industry may also assess a fine of up to $5,000 for violations of the law. Employer References Minn. Stat. § 181.967, provides that a private employer (defined as an employer “that is not a public entity as defined in Minn. Stat. § 13.02”) is protected from liability for disclosure of the kinds of information noted below unless the current or former employee demonstrates “by clear and convincing evidence” that the information was false and defamatory and that the employer knew or should have known that the information was false and acted with malicious intent to injure the current or former employee. The protection applies to disclosure of information “in response to a request for the information” about: 1) dates of employment; 2) compensation and wage history; 3) job description and duties; 4) training and education provided by the employer; 5) acts of violence, theft, harassment, or illegal conduct documented in the personnel record that resulted in disciplinary action or resignation and the employee’s written response, if any, contained in the employee’s personnel record. Any disclosure of the information in number five above must be in writing with a copy sent contemporaneously by regular mail to the employee’s last known address. The protection also applies to liability for written disclosure of the information below when the current or past employee has provided the employer with written authorization for disclosure: 1) written employee evaluations conducted before the employee’s separation from the employer, and the employee’s written response, if any, contained in the employee’s personnel record; 2) written disciplinary warnings and actions in the five years before the date of the authorization, and the employee’s written response, if any, contained in the employee’s personnel record; 3) written reasons for separation from employment.
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