Your Questions, Answered

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Minnesota has some of the strongest whistleblower laws in the United States. Under that law, the main types of whistleblowing activity are:

• reporting a violation, suspected violation, or planned violation of the law to your employer
• reporting a violation, suspected violation, or planned violation of to law enforcement or a government agency
• reporting health care services that violate legal or professional standards of care

If you engage in these types of whistleblowing activities, and your employer retaliates against you, then you may have grounds for a lawsuit under Minnesota whistleblower laws.

Under Minnesota law, a whistleblower can make a report through verbal or written communications. If a whistleblower is making a report to their employer, that can be through verbal or written communications to a manager or supervisor.

If you make a whistleblowing report through verbal communications, that can sometimes be a problem for a whistleblower case. It can be hard to prove that a verbal communication happened, or what was said in a verbal communication. For that reason, it's often better to communicate whistleblowing reports in writing, like through email. 

If you're concerned about wrongdoing in your workplace and aren't sure what to do, a qualified attorney can help you understand your whistleblower rights and guide you on your communications.

Under Minnesota law, if you engage in whistleblowing activity and your employer retaliates against you for that activity, then you may have grounds for a lawsuit.

An employer may retaliate by terminating your employment. But there are other, less obvious forms of retaliation as well. Your employer may also retaliate by imposing unfair discipline, by changing your pay or hours, or by taking other actions against you. 

Under some circumstances, if you feel like your employer forced you to quit or gave you no choice but to quit, that can also be retaliation. But if you have yet to quit, it can be risky to assume that you're protected under Minnesota whistleblower laws. Consider discussing your options with qualified attorney first.

If your employer retaliated against you in violation of Minnesota whistleblower laws, and you bring a lawsuit against your employer, you may be eligible for different types of legal damages. The damages can include the following:

• economic damages: If you lost your job, this category can include wages and benefits you would have received had you continued working for your employer. If you have difficulty finding a new job or are forced to take a lower-paying job, that can also impact how your losses are measured.

• emotional distress damages: If your employer's actions affected your emotional health and wellbeing, then you may receive damages for that distress. You may qualify for emotional distress damages whether or not you seek mental health care or treatment.

• punitive damages: If your employer committed wrongdoing in a way that deliberately disregarded others' rights or safety, then it may be possible to seek punitive damages, which are meant to punish your employer and discourage wrongdoing.

Under Minnesota law, if your employer asks you to take actions that violate the law and you refuse to comply, your employer can't retaliate against you. So if you refuse a direction to violate the law and you're terminated, you may have grounds to bring a lawsuit. 

If you're still working for an employer that's pressuring you to engage in illegal activity, that can be difficult and stressful. Under those circumstances, it can be helpful to reach out to a qualified attorney, who can help you understand your rights and options under Minnesota whistleblower laws.

Both Minnesota law and federal law create legal claims for someone who wants to stop their employer from committing fraud against a government agency. 

The federal law is called the False Claims Act, and the Minnesota law is called the Minnesota False Claims Act, but both laws work in similar ways. These laws are sometimes called "qui tam" laws (from the Latin phrase that describes an older version of these laws).

In a False Claims Act case, you don't tell your employer about the fraud or "blow the whistle" with a report. The case is secret at first. With the help of an attorney, you put together a legal complaint and evidence explaining how the government was defrauded. Your attorney then starts a lawsuit "under seal," serving the complaint and supporting evidence to government authorities. While the case is under seal, the government has an opportunity to investigate the case, which can be months or sometimes much longer.

Based on that investigation, the government may "intervene" and take over the case. If the government doesn't intervene, your attorney handles the case on behalf of the government. After that intervention decision, the case becomes public.

In a False Claims Act case, if fraud against the government is proven, the government can recover damages up to three times the loss it incurred, plus civil penalties. You recover a portion of the total amount recovered by the government, which can be up to 25% in a case where the government intervenes or up to 30% in a case where the government doesn't intervene. 

To assert claims under the False Claims Act, you must be represented by an attorney. If your employer is engaged in fraud against the government and you're considering action under the False Claims Act, it's essential to consult with a qualified attorney.