PROTECTION OF EMPLOYEES WHO REPORT VIOLATIONS OF LAW
“WHISTLEBLOWERS” A Minnesota employer cannot discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because: • The employee, or a person acting on behalf of an employee, in good faith, reports a violation or suspected violation, or planned violation of any federal or state law or common law or rule adopted pursuant to law to an employer or to any government body or law enforcement official; • The employee is requested by a public body or office to participate in an investigation, hearing or inquiry; or • The employee refuses an employer‘s order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the employer that the order is being refused for that reason. • The employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm. An employee whose employment is involuntarily terminated may, within five working days following termination, request in writing that the employer provide the reason for the termination. The employer must provide the truthful reason for the termination in writing within five working days following receipt of the request. If the employee was terminated for “whistleblowing” activities, and the employer fails to provide the written reason for termination within the time period specified by law, the employer may be subject to a civil penalty of $25 per day per injured employee, up to a maximum of $750 per injured employee. Communication of the statement furnished by the employer cannot be the subject of a defamation action by the employee against the employer. The identity of an employee making a report or providing information must be kept confidential by the public official or law enforcement officer unless the employee consents to identification or the investigator determines that disclosure is necessary for prosecution. If disclosure is necessary for prosecution, the employee must be informed prior to the disclosure. The law does not permit an employee to make statements or disclosures knowing they are false or that they are in reckless disregard of the truth. The law also does not permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law. Employers must notify employees of their rights by posting a summary of the law. A summary is included on the minimum wage poster available from the Minnesota Department of Labor and Industry.
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