Notice of the Reason for an Employee’s Termination

Under Minn. Stat. § 181.933, a former employee may, within 15 working days of his or her termination, request in writing the reasons for his or her termination.  The employer must respond to this request in writing within 10 working days of receipt of the request.  The response should be truthful, short, and to the point.  The statute provides that the employer’s response cannot be the subject of any action for libel, slander, or defamation by the employee against the employer.

If the employee’s file has not been reviewed prior to termination for consistency with statutory requirements and general appropriateness, such a review should be completed immediately following the employee’s termination.  To the extent possible, any reasons provided for an employee’s termination should be consistent with the contents of the employee’s personnel file.

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 June 3, 2011, in Terminations and tagged . Bookmark the permalink. Leave a comment.

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