Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 76-H.F.No. 823 
           An act relating to labor; prohibiting certain 
          terminations; requiring notice of reasons for 
          terminations; providing a penalty; proposing coding 
          for new law in Minnesota Statutes, chapter 181. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [181.931] [DEFINITIONS.] 
    Subdivision 1.  [GENERALLY.] For the purpose of sections 1 
to 5 the terms defined in this section have the meanings given 
them. 
    Subd. 2.  [EMPLOYEE.] "Employee" means a person who 
performs services for hire in Minnesota for an employer.  
Employee does not include an independent contractor. 
    Subd. 3.  [EMPLOYER.] "Employer" means any person having 
one or more employees in Minnesota and includes the state and 
any political subdivision of the state.  
    Sec. 2.  [181.932] [DISCLOSURE OF INFORMATION BY 
EMPLOYEES.] 
    Subdivision 1.  [PROHIBITED ACTION.] An employer shall not 
discharge, discipline, threaten, otherwise discriminate against, 
or penalize an employee regarding the employee's compensation, 
terms, conditions, location, or privileges of employment because:
    (a) the employee, or a person acting on behalf of an 
employee, in good faith, reports a violation or suspected 
violation of any federal or state law or rule adopted pursuant 
to law to an employer or to any governmental body or law 
enforcement official; 
    (b) the employee is requested by a public body or office to 
participate in an investigation, hearing, inquiry; or 
    (c) the employee refuses to participate in any activity 
that the employee, in good faith, believes violates any state or 
federal law or rule or regulation adopted pursuant to law. 
    Subd. 2.  [DISCLOSURE OF IDENTITY.] No public official or 
law enforcement official shall disclose, or cause to disclose, 
the identity of any employee making a report or providing 
information under subdivision 1 without the employee's consent 
unless the investigator determines that disclosure is necessary 
for prosecution.  If the disclosure is necessary for 
prosecution, the employee shall be informed prior to the 
disclosure. 
    Subd. 3.  [FALSE DISCLOSURES.] This section does not permit 
an employee to make statements or disclosures knowing that they 
are false or that they are in reckless disregard of the truth. 
    Subd. 4.  [COLLECTIVE BARGAINING RIGHTS.] This section does 
not diminish or impair the rights of a person under any 
collective bargaining agreement. 
    Subd. 5.  [CONFIDENTIAL INFORMATION.] This section does not 
permit disclosures that would violate federal or state law or 
diminish or impair the rights of any person to the continued 
protection of confidentiality of communications provided by 
common law. 
    Sec. 3.  [181.933] [NOTICE OF TERMINATION.] 
    Subdivision 1.  [NOTICE REQUIRED.] An employee who has been 
involuntarily terminated may, within five working days following 
such termination, request in writing that the employer inform 
the employee of the reason for the termination.  Within five 
working days following receipt of such request, an employer 
shall inform the terminated employee in writing of the truthful 
reason for the termination. 
    Subd. 2.  [DEFAMATION ACTION PROHIBITED.] No communication 
of the statement furnished by the employer to the employee under 
subdivision 1 may be made the subject of any action for libel, 
slander, or defamation by the employee against the employer.  
    Sec. 4.  [181.934] [EMPLOYEE NOTICE.] 
     The department of labor and industry shall promulgate rules 
for notification of employees by employers of an employee's 
rights under sections 1 to 5. 
    Sec. 5.  [181.935] [INDIVIDUAL REMEDIES; PENALTY.] 
    (a) In addition to any remedies otherwise provided by law, 
an employee injured by a violation of section 2 may bring a 
civil action to recover any and all damages recoverable at law, 
together with costs and disbursements, including reasonable 
attorney's fees, and may receive such injunctive and other 
equitable relief as determined by the court. 
     (b) An employer who failed to notify, as required under 
section 3 or 4, an employee injured by a violation of section 2 
is subject to a civil penalty of $25 per day per injured 
employee not to exceed $750 per injured employee. 
    Approved May 11, 1987