Probationary Period Rules in Minnesota: Can You Be Fired?

Federal at-will employment law, established through common law principles and not a single statute, permits employers to hire and fire employees at will unless otherwise restricted by federal statute. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, protects employees age 40 and older from age-based termination decisions. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, requires employers with 15 or more employees to reasonably accommodate employees with disabilities.

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 660(c), protects employees who report safety violations from retaliation. The National Labor Relations Act (NLRA), 29 U.S.C. § 151, protects unionized employees' rights to organize and engage in protected activities. Federal law does not require employers to establish probationary periods, set minimum or maximum probationary lengths, or provide notice before terminating probationary employees. The Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws, while the Department of Labor enforces OSHA and FMLA. Even during probation, employees are protected from termination motivated by federal protected characteristics or conduct; the probationary status does not eliminate these statutory protections.

Minnesota Statute § 181.65 codifies Minnesota as an at-will employment state, meaning employers may terminate employment at any time for any lawful reason or no reason, and employees may resign at any time. This at-will doctrine applies equally to probationary and permanent employees—probationary status does not reduce statutory protections or create a distinct legal category with fewer rights.

Minnesota Statute § 363A.09 prohibits discrimination in employment based on race, color, creed, religion, national origin, sex, marital status, disability, public assistance recipient status, or sexual orientation. This protection applies to all employees regardless of probationary status. Employers with one or more employees are covered under Minnesota's discrimination statute, a lower threshold than federal Title VII which requires 15 employees. Minnesota does not recognize a probationary exception to discrimination protections; an employer cannot lawfully terminate a probationary employee because of a protected characteristic, even if the stated reason is "probationary period expired."

Minnesota Statute § 181.932 provides whistleblower protection, prohibiting employers from discharging or taking adverse action against employees for disclosing information about unlawful conduct, filing complaints with government agencies, or participating in internal complaint processes. This protection applies during probation. Minnesota also protects employees from retaliation for filing workers' compensation claims under Minnesota Statute § 176.082. Unlike some states, Minnesota has no statutory minimum or maximum probationary period length, nor any requirement that employers establish probationary periods at all.

Union employees covered by collective bargaining agreements may have contractual "just cause" requirements that override at-will employment, requiring employers to provide valid reasons for termination even during probation. These contractual protections stem from negotiated agreements, not state statute. Public employees in Minnesota may have additional due process protections under Minnesota Rule of Civil Procedure and constitutional law. Minnesota state law is comparable to federal at-will doctrine but provides stronger discrimination protections based on lower employer size thresholds and broader protected categories (marital status, public assistance recipient status, sexual orientation).

Minnesota's at-will employment doctrine contains important statutory exceptions that apply regardless of probationary status. Employers cannot terminate for reasons that violate public policy: specifically, discharge for jury duty service (Minnesota Statute § 593.50), serving in the military (Minnesota Statute § 181.67), filing a workers' compensation claim (Minnesota Statute § 176.082), or reporting unsafe working conditions to OSHA (29 U.S.C. § 660(c)).

Employees cannot be fired for exercising legal rights protected by statute, such as voting, serving on a jury, or filing complaints with government agencies. Minnesota Statute § 181.932 broadly protects whistleblower activity; an employer cannot retaliate against an employee for reporting illegal conduct, even during probation. The Minnesota Human Rights Act, Minnesota Statute § 363A.09, creates an absolute bar to termination based on protected characteristics or because an employee filed a discrimination complaint.

Unionized employees covered by collective bargaining agreements typically have "just cause" provisions that replace at-will employment; these contracts usually specify probationary periods (often 30 to 90 days) after which employees cannot be terminated without cause. Public sector employees may have constitutional due process rights or civil service protections that limit at-will termination. Employees with written employment contracts stating they can only be fired for cause are no longer at-will employees, even if hired on a probationary basis. Independent contractors, not employees, are not covered by at-will employment law or statutory protections. At-will employment does not permit termination for reasons that would constitute tortious interference with contract, fraud, or violation of fundamental public policy.

Step 1: Document Everything. Keep detailed records of all communications related to your employment and termination. Save copies of your employment offer letter, employee handbook, any written probationary period policies, performance reviews or feedback (even informal), and written or email communications from supervisors about your job performance, goals, or concerns. Document the date and circumstances of your termination—what your supervisor said, who was present, and whether any reason was given. If discrimination or retaliation is involved, note the protected characteristic or activity (e.g., "I reported a safety violation on March 15" or "I am a woman and my supervisor made gender-based comments on April 2"). Keep copies in a secure location separate from work devices.

Step 2: Review Your Employment Agreement and Gather Evidence. Obtain a copy of the employee handbook, offer letter, and any written policies about probationary periods. If you are unionized, review your collective bargaining agreement for just-cause protections or probationary period terms. Identify if your termination violated a specific policy (e.g., you were not given the promised 30-day notice, or you were fired for a reason explicitly prohibited by the handbook). Collect evidence that your termination was motivated by a protected characteristic (discriminatory emails, a pattern of worse treatment than non-protected coworkers during probation) or protected activity (emails showing you reported a safety concern before termination). Consult with coworkers to understand whether similar probationary employees were treated differently.

Step 3: File a Complaint with the Correct Agency. If you were terminated due to discrimination based on race, color, creed, religion, national origin, sex, marital status, disability, public assistance status, or sexual orientation, file a charge with the Minnesota Department of Human Rights (MDHR) within 300 days of the termination, or with the EEOC if federal discrimination is involved (180 days in non-deferral states, but Minnesota is a deferral state, so file with MDHR first). You can file online at mn.gov/mdhr, by mail to Minnesota Department of Human Rights, 540 Park Avenue, St. Paul, MN 55103, or by phone at 651-296-5663. Provide your name, contact information, the employer's name and address, the date of termination, the protected characteristic or activity involved, and a detailed description of what happened.

If you were fired for whistleblowing (reporting illegal conduct or safety violations), file with the Minnesota Department of Labor and Industry if the violation involves workplace safety (OSHA retaliation), or with MDHR under Minnesota Statute § 181.932. If you were terminated for filing a workers' compensation claim, file with MDHR or the Department of Labor and Industry. The agency will investigate without requiring you to hire an attorney initially—investigations are free and conducted by government staff.

Step 4: Understand the Investigation Process. After filing a complaint, the government agency will conduct an investigation, which typically takes 60 to 120 days. The investigator will request documents from your employer (your personnel file, performance reviews, emails, the reason given for termination) and may interview you and your supervisor. You will be asked for more detailed information in writing. The employer will have an opportunity to respond to allegations. Once the investigation concludes, the agency will issue a "Probable Cause" determination (meaning discrimination or retaliation is likely) or "No Probable Cause" (meaning the evidence does not support your claim). If probable cause is found, the agency may attempt to negotiate a settlement or refer your case for a hearing before an administrative law judge.

Step 5: Consult an Employment Attorney. Contact an employment law attorney in Minnesota if you received a "No Probable Cause" determination (you can still file a civil lawsuit), if you want to negotiate a settlement, or if a hearing is scheduled. Many employment attorneys work on contingency for discrimination cases, meaning you pay nothing upfront and attorney fees are covered by the employer if you win or settle. An attorney can advise whether you have a claim for wrongful termination, defamation, breach of contract (if you had a written contract), or violations of state or federal law. If you are unionized, your union representative or union attorney may represent you. Expect to file a civil lawsuit in Minnesota district court within two to three years of termination (the statute of limitations varies by claim type but is generally 2 years for discrimination under Minnesota Statute § 363A.27).