Employment Retaliation
Standing up for yourself or others shouldn’t cost you your job.
Retaliation is one of the most common workplace problems we see: an employee raises a legitimate concern—discrimination, unpaid wages, unsafe or illegal conduct, fraud against the government—and suddenly the workplace changes. Hours get cut. Discipline appears out of nowhere. Promotions disappear. Termination follows.
If you believe you’re being punished for asserting your rights or reporting wrongdoing, you may have a retaliation claim under Minnesota and/or federal law.
What is “retaliation” in the workplace?
Workplace retaliation generally means an employer takes adverse action against you because you engaged in protected activity, such as:
reporting discrimination or harassment,
reporting or refusing to participate in illegal conduct,
filing or participating in an investigation or legal proceeding,
asserting wage-and-hour rights.
Minnesota’s Human Rights Act uses the term “reprisal,” and it includes “any form of intimidation, retaliation, or harassment” tied to protected activity.
Common examples of retaliation
Retaliation is not always an immediate firing. It often looks like:
Termination or forced resignation
Demotion, “restructuring,” or loss of title
Reduced hours, undesirable schedules, or pay cuts
Sudden negative performance reviews after years of strong feedback
Write-ups for minor issues or selective enforcement of policies
Removal from key accounts, projects, commissions, or training
Threats, isolation, or harassment intended to make you quit
Retaliation claims we handle
Retaliation under anti-discrimination laws
Employees are protected from retaliation for opposing discrimination or for participating in a discrimination complaint or investigation.
Under the Minnesota Human Rights Act (MHRA), it can be a “reprisal” for an employer to take adverse action because an individual engaged in protected activities like opposing discrimination or participating in proceedings.
Federal anti-discrimination laws enforced by the EEOC also prohibit retaliation.
Examples: reporting harassment to HR, supporting a coworker’s complaint, requesting a disability or religious accommodation, or participating in an investigation.
Retaliation under the Minnesota Whistleblower Act
The Minnesota Whistleblower Act prohibits employers from retaliating against employees in connection with protected whistleblowing conduct, including good-faith reporting of a violation (or suspected violation) of law in certain circumstances.
Examples: reporting suspected legal violations to a supervisor, compliance, law enforcement, or a government body (depending on the facts), refusing orders to violate the law, or participating in certain investigations/hearings.
Retaliation for wage-and-hour complaints and pay practices
Employees are protected when they assert wage rights—like minimum wage and overtime.
The FLSA includes an anti-retaliation provision that generally protects employees who complain about wage violations or participate in related proceedings.
Minnesota’s Department of Labor and Industry also explains that workers have protections from retaliation when they take certain labor-standards actions (for example, filing complaints with DLI’s Labor Standards Division).
Examples: complaining about unpaid overtime, requesting earned wages, cooperating with a wage investigation, or providing information to investigators.
Retaliation under false claims statutes (fraud against the government)
If you take lawful steps to stop fraud involving government funds—or further an action under the Minnesota False Claims Act—Minnesota law provides relief if you’re retaliated against.
Minn. Stat. § 15C.145 provides protections for an employee, contractor, or agent who is retaliated against because of lawful acts done in furtherance of a false-claims action or efforts to stop violations.
It also describes remedies such as reinstatement and double back pay (among others).