The Minnesota Supreme Court recently ruled, in Ford v. Minneapolis Public Schools, that lawsuits
under the Minnesota Whistleblower Act (MWA) are subject to a 6 year statute of
limitations. The MWA prohibits employers
from discriminating against employees for engaging in a number of activities
related to reporting, refusing to engage in, or participating in investigations
of suspected violations of the law. Accordingly,
lawsuits claiming “whistleblower” violations often involve allegations that an
employee reported, either internally or externally, to authorities, that
her/his employer was violating the law and the employer retaliated against the
employee for making the report. The state
legislature did not include any deadline for employees to bring claims under
the MWA, so the courts were left to fashion one. As a result of the Ford decision, whereas many claims
for employment discrimination or retaliation must be brought within 300 days
under federal law (Title VII, ADA, ADEA), and within one year under the
Minnesota Human Rights Act (MHRA), employees have 6 full years to bring whistleblower
claims! What should employers do to protect themselves?
Due to amendments to the MWA in 2013 that make it much
easier for plaintiffs to bring and prevail in whistleblower claims, these suits
are on the rise. Now that plaintiffs
have 6 full years to sue under the MWA, Minnesota employers can expect even
more whistleblower lawsuits in 2016 and beyond.
The thought of being sued by a discharged employee, many years after the
termination, should be very disconcerting to employers. Employers may wish to deviate from their
standard record retention practices, at least where a potential whistleblower
employee may be involved. A typical
defense to any whistleblower claim is that the adverse employment action being
challenged by the plaintiff, was unrelated to any report the individual may
have made and instead was done for legitimate reasons. Of course in court it takes evidence to
defend against claims and so employers are now well advised to maintain such
evidence for 6 years.
Questions? Contact Attorney James Sherman at (952) 746-1700 or email jasherman@wesselssherman.com.
