Lastly, this decision seems to be in conflict with an earlier decision of the Minnesota Supreme Court, as well as the Court of Appeals’s decision, which the supreme court affirmed, holding that the public policy exception to the employment at will rule does not apply to a termination resulting from an employee’s application for unemployment benefits. Dukowitz v. Hannon Security Services, 841 N.W.2d 147 (Minn. 2014). Whether this expansion of rights under the MFLSA will withstand scrutiny by the Minnesota Supreme Court remains to be seen.Conclusion The Court of Appeals’ decision could be a game-changer for employment law cases in Minnesota.

A divided Minnesota Supreme Court has reaffirmed longstanding precedent holding the presumption of the employee-employer relationship in Minnesota is “at-will.” Dukowitz v. Hannon Security Services, No. A11-1481 (Minn. Jan. 2, 2014). This means that either the employee or the employer can terminate the relationship with or without cause and with or without notice. The Court further held it will continue to make only narrow exceptions to the at-will rule, refusing to make such an exception for an employment termination following an employee’s application for unemployment benefits.

Yes – the Minnesota Supreme Court recently held that an employer does not violate public policy by terminating an employee for applying for unemployment benefits, but employers should still be cautious about doing so.In Dukowitz v. Hannon Security Services, A11-1481 (Minn., Jan. 2, 2014), the plaintiff applied for unemployment benefits after her work hours were reduced due to the elimination of her daytime shift. When the plaintiff initially suggested to her supervisor that she might apply for unemployment benefits, her supervisor openly questioned whether he should terminate her employment.