LEGAL AFFAIRS
Employee Rights After Termination Patrick McGuiness Zlimen & McGuiness
If you decide to fire or terminate an employee, there are three demands the terminated employee can make post-termination. These requests are often made via email and may seem like
innocent enough requests, however that is not always the case. As a statutory right, former employees are entitled to demand three things: • a copy of their personnel file; • a statement of the reasons for their termination; and • all wages be paid within 24 hours. The average employee is typically not aware of these statutory rights, which is why in many cases it should be considered a warning sign to employers. If an employee is requesting this information it could be a sign that the employee could be consulting with an attorney. Let’s walk through these three potential requests from terminated employees. 1. Personnel File Minnesota employees have the right, upon written request, to review their personnel file every six months and terminated employees have the right to review their personnel file once per year following termination, for as long as the personnel file is kept. Minn. Stat. 181.961. The employer has seven working days to produce the file for review or 14 days if the file is maintained outside of Minnesota. Most often the terminated employee will ask for an actual copy, in which case the employer must provide a copy. An employer does not need to provide a current employee with a copy of his or her personnel file; review of the file is acceptable.
Ensure that you produce all the “personnel record” documents as defined by Minnesota law (Minn. Stat. 181.960). Examples of things that need to be turned over would be: payroll records, medical records, time cards, performance evaluations, unemployment documentation, grievances, and time off requests. 2. Statement of Reasons for Termination Terminated employees may request the “truthful reason” for his or her termination within 15 working days of termination. Minn. Stat. 181.933. Once the employer receives the written notice, they then have 10 working days to produce a written reason as to why the employee was terminated. An employer’s statement of reasons for termination is often “Exhibit A” in a Minnesota Department of Labor and Industry demand, or lawsuit. Therefore, it should be carefully drafted. It should be a specific and detailed letter that cites the reasonings behind the termination. 3. Payment of All Wages Due and Owing Within 24 Hours With few exceptions, an employee is entitled to pay within 24 hours of a written demand after termination. Minn. Stat. 181.13-.14. This one is pretty cut and dry. If the employee has hours that they worked, but were not paid for, they must be paid. Wages must be paid in the usual manner that they have been paid, unless the employee requests the money be sent through the mail.
➽ THIS ARTICLE PROVIDES GENERAL INFORMATION on business and employment law matters and should not be relied upon as legal advice. A qualified attorney must analyze all relevant facts and apply the applicable law to any matter before legal advice can be given. If you would like more information regarding business law, collections, or other legal matters, please contact Zlimen & McGuiness, PLLC at 651-331-6500 or info@zmattorneys.com.
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MNLA.BIZ may 20
