Minnesota Statutory Whistleblower Claims Subject to Six-Year Limitations Period, Court Rules

Effectively tripling the amount of time in which aggrieved employees may sue their employers in statutory whistleblower suits, the Minnesota Court of Appeals holds that claims under Minnesota’s Whistleblower Act (Minnesota Statute section 181.932) are not subject to the two-year statute of limitations in Minnesota Statute section 541.07(1), but instead are subject to the six-year statute of limitations under Minnesota Statute section 541.05, subd. 1(2), reversing a long-held position. Ford v. Minneapolis Public Schools, No. A13-1072 (Minn. Ct. App. Dec. 15, 2014). Employers and employees alike have understood for almost 20 years that all whistleblower claims must be brought by an employee within two years of the alleged adverse action (which often is some other form of discipline, including employment termination). Larson v. New Richland Center, 538 N.W.2d 915 (Minn. Ct. App. 1995).