On Friday afternoon, May 24, 2013, Governor Dayton signed House File 542 a bill which significantly improves the Minnesota Whistleblower Act, Minn. Stat. § 191.932, et seq. by protecting more workers from retaliation when they report illegal activity in the workplace. Over the last several years, court decisions have made it more difficult for Minnesota workers who report illegal activity at in the workplace to find protection from retaliation. This bill reverses the tide of those decisions. Specifically, the bill does the following:
- Broadly defines the “good faith” of the report to be anything that is not false or in reckless disregard for the truth, thereby protecting workers regardless of what their job duties are;
- Protects workers who report “planned” violations of law;
- Protects workers who report violations of common law, rather than just statutory or rule violations; and
- Defines “penalize” as “conduct that might dissuade a reasonable employee from making or supporting a report including a post-termination conduct by an employer or conduct by an employer for the benefit of a third party."
This is good news for Minnesota workers. Congratulations to Governor Dayton and the Minnesota Legislature for improving the law for employees who report illegal conduct!
If you believe you may be the victim of an unlawful employment action, feel free to contact us for a free consultation at (877) 344-4628 or at intake@nka.com.
