4 Essential Tips for Parting with Workers
Parting Ways With Employees.
Employees in Minnesota are considered “at will” employees. This means they can quit for any reason. It also means that an employer can terminate an employee for any legal reason. Provided the termination is not for a discriminatory reason (race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation, or marital status), then employers have a lot of leeway in deciding who to terminate and when to terminate them.
No Two Week Notice.
Under Minnesota law there is no such thing as a “two week notice”. Industry customs and courtesies often lead to such notices being provided, but they are not required. Employers can request advance notice that an employee plans to leave their position by including the request in the employee handbook, but once again, any notice given is simply a courtesy not required by law.
If an employee quits, they must be paid within the next pay period after the employee quit. If an employee is terminated, they must be paid within 24 hours of a demand for payment. However, if the employee was entrusted with company money or property during the course of their employment, then the employer may have an additional 10 calendar days following the date of the employees separation, during which time the employer may audit the accounts of the employee.
Beyond what is required by law, each business can determine what benefits employees are offered. If any of these benefits have payout options, they must be paid within 30 days of when they become due.
But Why Was I Fired?
Employees often want to know why they were terminated. Minnesota law requires that employers must give a truthful answer if an employee inquires in writing. The employee has 15 days from separation to make such a request, and then the employer has an 10 days from the receipt of the request to provide a truthful response.