Whistleblower Claims: What Employers Should Consider

In an article for Minnesota Lawyer, labor and employment associate Terran Chambers and partner Sean Somermeyer describe how courts have started to determine what is sufficient for a successful claim under the Minnesota Whistleblower Act (MWA) and share recommendations for employers and defense counsel when faced with an allegation.

The authors discuss the history and judicial interpretation of the MWA, 2013 amendments that added a statutory definition of “good faith,” the impact of Friedlander v. Edwards Lifesciences LLC and the post-Friedlander landscape.

While courts remain willing to grant summary judgment on MWA claims in certain circumstances, the authors explain how decisions issued in the last three years suggest that some defenses that were available pre-Friedlander are often not viable anymore.

The full article is available for Minnesota Lawyer subscribers.