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August 2017 Archives

Friedlander clarifies Minnesota Whistleblower Law

The Minnesota Supreme Court, on August 9, 2017, answered a question that has plagued Minnesota employment lawyers for four years. Prior to August 9, 2017, an employee seeking to "blow the whistle" on the employer's practices arguably had to demonstrate, as part of the employee's "good faith" report, that the employee made the report for the "purpose of exposing an illegality." I say arguably, because in 2013, the Minnesota Legislature had ostensibly removed this obligation when it codified a definition of "good faith" in the Minnesota Whistleblower Act. Despite this 2013 amendment, which most practitioners recognized significantly broadened the law in favor of whistleblowers, some courts stubbornly continued to apply the former court-created definition of "good faith." In Friedlander v. Edwards Life Sciences, LLC, the Minnesota Supreme Court finally put that issue to rest by officially holding that the "purpose of exposing an illegality" is no longer a part of an employee's burden of proof.

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