Retaliation and whistleblower claims are on the rise nationally, and Minnesota is no exception to this trend. In part, this is because plaintiffs’ counsel perceive such claims — particularly claims arising under the broad Minnesota Whistleblower Act (MWA) — as relatively easy to get past a motion for summary judgment and to trial. However, four recent decisions issued by Minnesota courts suggest that this perception may not be well founded.
In each decision (two opinions by the U.S. Circuit Court of Appeals for the Eighth Circuit, one opinion by the Minnesota Court of Appeals and one opinion by the U.S. District Court for the District of Minnesota), the court granted or affirmed the granting of summary judgment in favor of the employer. These decisions provide useful guidance in assessing potential arguments to defeat a retaliation claim on a motion for summary judgment.
For the full alert, visit the Faegre Drinker website.