Must Minnesota Employers Give a Reason for Terminating Employment?
No, not automatically. Minnesota law does not require you to volunteer a reason every time you terminate an employee. The obligation arises only when an involuntarily terminated employee asks for the reason in writing within 15 working days of the termination. Once you receive that timely written request, you have ten working days to provide the truthful reason in writing. The requirement is found in Minnesota Statutes section 181.933, subdivision 1:
An employee who has been involuntarily terminated may, within 15 working days following such termination, request in writing that the employer inform the employee of the reason for the termination. Within ten working days following receipt of such request, an employer shall inform the terminated employee in writing of the truthful reason for the termination.
Three conditions trigger the duty: the employee was involuntarily terminated, the employee submits a written request for the reason, and that request comes within 15 working days of the termination. If no timely written request arrives, you have no obligation to state a reason. The statute also does not reach voluntary terminations, so it does not apply when an employee resigns.
Tip for Employers
When the statute does apply, it requires only that you state the truthful reason in writing. It prescribes no level of detail, no examples, and no categories. A concise summary statement is sufficient, provided the stated reason is truthful. For example: “The reason for your termination from employment was your performance issues, which we discussed on multiple occasions.”
Tip for Terminated Employees
As noted above, a savvy employer probably will not provide much when you request your reason for termination. It cannot hurt to ask, and your written request within 15 working days is what triggers the employer’s duty to respond.
Other things to consider asking for include your employee file and final wages.
