Search Site

Minnesota Overturns Precedent By Extending Whistleblower Statute of Limitations

On December 15, the Court of Appeals for the state of Minnesota made a decision that reversed 20 years of precedent by extending the Minnesota Whistleblower Act’s statute of limitations from two to six years. The decision came in a claim made by a former employee of Minneapolis Public Schools who reported financial discrepancies within the district to her superintendent in 2007. The following April, the plaintiff was informed that her position was to be eliminated, and that her last day of the work with the district would be in June 2008.


On June 29, 2010, the plaintiff filed her whistleblower lawsuit, which was originally dismissed by the district court, because the two-year statute of limitations expired in April, as the statute of limitations began when she learned about her dismissal. An appeals court affirmed the decision, and it was taken to the Minnesota Supreme Court.


While her appeal with the Supreme Court was pending, the court ruled in a different case that the statute of limitations under the Minnesota Drug and Alcohol Testing in the Workplace Act was actually six years because it constitutes a statutory claim. The same logic was used in overturning the plaintiff’s case, and in changing policy under the Minnesota Whistleblower Act to allow for a six-year statute of limitations.


There are still some questions that remain to be answered after the decision in this case. While MWA claims related to retaliations will have the extended statute of limitations, will that apply to all types of MWA claims? The court will need to clarify the ruling to ensure that there is consistency across the board in terms of enforcement of MWA cases.


This is yet another example of how whistleblowers across the country are being given more protections and support than ever before. If you believe you have been retaliated against for reporting wrongdoing within your organization, meet with the skilled Dallas whistleblower attorneys at Whistleblower Law for Managers to get the representation you need.

Leave a Reply

Your email address will not be published. Required fields are marked *

Awards & Honors
Our Office
  • Dallas Office
    4514 Cole Ave
    Dallas, Texas 75205
    Phone: 214-306-8045
    Fax: 469-729-9926
As Seen In
In his new book, "Standing Up to China: How a Whistleblower Risked Everything for His Country," former client & Author, Ashley Yablon, quotes Attorney Steve Kardell about Whistelblower Law.
  • "Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission."  -Richard Bowen, Citigroup Whistleblower

  • "Incredible knowledge of employee related concerns and equally brilliant knowledge of health care regulations, standards of practice. I would recommend this firm to anyone."  -V.B.

  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

  • "Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best."  -S.S.