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Retaliation

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All workers in Minnesota are protected by labor laws. The Department of Labor and Industry (DLI) will not ask about immigration status and will not report immigration status to other government agencies.

Todos los trabajadores en Minnesota están protegidos por las leyes laborales. El Departamento de Trabajo e Industria (DLI) no preguntará sobre el estatus migratorio ni reportará el estatus migratorio a otras agencias gubernamentales.

What is retaliation?

Retaliation occurs when an employer (owner, manager or supervisor) either threatens to or takes action against an employee for reporting or threatening to report concerns regarding their labor rights.

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Example

An employee makes a complaint to their supervisor or DLI regarding a law, such as breaks, minimum wage or overtime, and the supervisor, manager or employer retaliates against the employee by terminating, disciplining or treating the employee differently from employees who have not made complaints. This is illegal. This is retaliation.

When are you protected from retaliation?

You have legal protections from retaliation when you:

  • file a complaint with DLI's Labor Standards Division;

  • tell your employer that you plan to file a complaint;

  • ask your employer about your pay, hours worked, and other wage-related concerns;

  • request or take sick time off allowed under Minnesota’s earned sick and safe time law;

  • report concerns related to worker protections to DLI or another government agency;

  • request pregnancy or nursing-related accommodations,

  • request or take pregnancy or parental leave; or

  • participate in an investigation by DLI.

What type of actions might be retaliation?

Examples of retaliatory employer actions include: 

  • termination; 

  • demotion or reduction in pay; 

  • discipline; 

  • changing an employee’s position or work location;

  • exclusion from meetings or trainings; 

  • inaccurate reports of poor performance; 

  • interference with future employment opportunities; 

  • creating an intolerable workplace; 

  • significant changes to an employee’s hours or regular schedule; or 

  • threats related to immigration status.

How can you protect yourself from retaliation? 

  • keep records of hours worked and pay details;

  • track and document complaints or inquiries you have made about your rights;

  • keep original and updated copies of your:

    • employee wage notice; 

    • employer's policies; 

    • job title and duties;

    • employer's memos, letters, emails or notices related to wage and hour laws; and

    • performance reviews and any disciplinary actions; and

  • document as much as you can about the retaliation, including any conversations with your employer including contents of the conversation, dates and times and people involved or present.

For more information about how to protect your rights as a worker, see dli.mn.gov/protect-yourself.

Do you believe your employer retaliated against you?

Contact us at dli.laborstandards@state.mn.us or 651-284-5075. Helpful information to provide to DLI includes: 

  • contact information for any witnesses, if they are willing to provide it;

  • monetary losses as a result of the retaliation; 

  • work hours missed as a result of the retaliation;  

  • job search efforts after the retaliation; and 

  • unemployment application information.

Find more information on Minnesota’s worker protection laws.