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Whistle-blower lawsuit clock starts on learning of job cut

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in Employment Law,Human Resources

Former public employees who claim they were fired in retaliation for reporting alleged illegal activity can sue for retaliation under the Minnesota whistle-blower law. But, they must start their lawsuit within two years of first being notified that their job will be eliminated.

Recent case: Yvette, who worked on an annual contract basis, reported financial improprieties to her school district employer. In April 2008, she was told her job would be “excessed” and her contract not renewed. Her last day of work was June 30.

She sued for discrimination and whistle-blower retaliation almost two years later on June 29, 2010.

The court said that was too late, because it was more than two years after she had first learned her contract wouldn’t be renewed. (Ford v. Minneapolis Public Schools, No. A13-1072, Court of Appeals of Minnesota, 2014)

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