Minnesota Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Phipps v. Clark Oil & Refining Corporation, 396 N.W.2d 588 (Minn. Ct. App. 1987)
- Nelson v. Productive Alternatives, Inc., 715 N.W. 2d 452 (Minn. 2006)
- Brevik v. Kite Painting, 416 N.W. 2d 714 (Minn. 1987) (Occupational Safety and Health Administration statute does not preclude use of the common law remedy)
- Larson v. New Richland Care, 538 N.W.2d 915 (Minn. App. 1995) (whistleblower claims filed under the Whistleblower Protection Act statute of tort claims subject to two-year statute of limitations) (overruled in part by Ford v. Minneapolis Pub. Sch., 2016)
Statutes:
- MN Stat 181.931–181.937 (Minnesota Notice of Termination and Disclosure Protection)
- MN Stat § 363A.15 (Minnesota Unfair Discrimination Practices)
Frequently Asked Questions
Does Minnesota have a False Claims Act (FCA)?
Yes. The Minnesota False Claims Act covers a variety of different frauds, though tax fraud is not included.
Does the Minnesota FCA have a whistleblower provision?
Yes. A whistleblower may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention.
Does Minnesota recognize the public policy exception for wrongful termination?
Yes. In Minnesota, an employer may not terminate an employee for a reason that violates a clear mandate of public policy.
