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What does state law say must happen when workers are terminated or quit? – II

On Behalf of | Sep 5, 2015 | Firm News |

In the last post, our blog started discussing how even though Minnesota is an “at-will” state — meaning employers are free to terminate employees for any reason provided its legal and employees are free to quit for any reason — there are certain legal requirements of which both parties should be aware.

In today’s post, we’ll continue exploring these legal requirements, some of which may come as a complete surprise to many parties.

What does the law have to say about the payment of benefits?

Whether an employee quit or was fired, the issue of when benefits like sick leave, vacation time and even severance packages are due is dictated by company policy. However, once these benefits become due, state law dictates that they must be paid out to a former employee within 30 days.

What happens if my former employer has gone beyond these 30 days?

If an employer has not paid out benefits due to a former employee within 30 days, he or she has the option of filing a claim in conciliation court. However, it should be noted that the claim must be filed in the county in which the former employee provided their services to the employer.

Can I find out why I was terminated?

Yes, state law dictates that a former employee may inquire in writing as to why they were terminated and that the employer must provide an honest — and otherwise permissible — reason in writing within 10 days of receiving this request.

Am I free to do this whenever I please?

No. The written request must be submitted within 15 working days of your firing.

Consider speaking with an experienced legal professional if you would like to learn more about what the law has to say regarding wrongful termination, discrimination or retaliation.

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