If you’ve recently been fired and are seeking legal advice about whether you have valid legal claims, there are a few steps you can take to help assist in your case review.
1. Ask for your personnel file.
If you were recently fired in Minnesota, you can request a copy of your personnel record. You must make this request in writing. Consider emailing your former employer the following:
I am writing to request a copy of my personnel record pursuant to Minnesota Statutes 181.961.
Your former employer must respond to your request within seven (7) working days. In most cases, they cannot charge you for a copy.
If your former employer does not provide you a copy, we suggest contacting the Minnesota Department of Labor and Industry to help you get a copy.
- Ask for the truthful reason for your termination.
If you were recently fired in Minnesota, you can also request your former employer tell you whey they fired you. This request must be made within 15 working days of your termination. And you must make this request in writing. Consider emailing your former employer the following:
Pursuant to Minnesota Statutes 181.933, please provide the truthful reason for my termination.
Your former employer must respond to your request within 10 working days of receipt of your request.
- Make a timeline.
It can be helpful for the attorney reviewing your case if you prepare a timeline. Your timeline should include important dates and information, such as the date you were hired, dates any discrimination or retaliation occurred, dates of any performance reviews or performance improvement plans, and the date of your termination. In most cases, the timeline should be 1-2 pages.
- Gather your documentation.
If you have any documents that are pertinent to your legal claims, the attorney reviewing your case may want to see them. For example, if you have copies of any reports you made or other documents that refer to any discrimination or retaliation you experienced, those could be important to your case.
Now that you’ve collected this information, our lawyers will better be able to assess your legal claims. Contact us to set up your free consultation.
Payment of Final Wages
Minnesota employees are entitled to receive all wages and commissions owed after termination. This means an employer cannot withhold a paycheck for wages owed to you if they fire you or if you quit.
If you have been fired or discharged from your job, you should make a written demand for payment of all wages and commissions owed. The Minnesota Department of Labor and Industry has a sample letter that you can use. Your former employer must pay all wages and commissions owed within 24 hours of a written demand for payment.
If you quit or resign from your position, you are due all wages and commission on the next regularly scheduled payday. The Minnesota Department of Labor and Industry has a sample letter that you can use to request your final wages and commissions. However, if the next payday is within five days of your last day of work, your former employer may have up to 20 days to pay you.
If you are unsure about your options or have questions and wish to speak with an experienced employment lawyer, you can call MSB Justice attorneys at 612-677-2680 or email us at msb@msbjustice.com.
