Employment At-Will

Under Minnesota law, employment is presumptively “at will.”  This means that the employment relationship may be terminated at any time and for any reason, except on the basis of prohibited discrimination or retaliation (e.g., race, sex, age, disability, whistleblowing, etc.).

The traditional rule of at-will employment may be altered and a contract for employment may be formed by:

  • Employment contracts or collective bargaining agreements;
  • Statements made in employee handbooks or policy manuals without an appropriate disclaimer;
  • Specific oral statements made to applicants or employees; and
  • Other written representations, for example, those contained in an offer or warning letter to an employee.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on May 13, 2011, in Employment At Will and tagged . Bookmark the permalink. Leave a comment.

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