March 16, 2018

Minnesota Whistleblower Protection Statute is Subject to a 6 year Statute of Limitations

On December 15, 2014, the Minnesota Court of Appeals held that Minnesota’s Whistleblower Protection Statute (Minn. Stat. Section 181.932) is subject to a 6 year statute of limitations.  The Court’s opinion can be found here.

In 1995, the Minnesota Court of Appeals concluded that claims under the Whistleblower Protection Statute were governed by a 2 year statute of limitations.  Based on a 2013 Minnesota Supreme Court decision, however, the Court of Appeals had occasion to reconsider this issue.

Practical Effect: After years of being read narrowly by Minnesota courts, the Minnesota Whistleblower Protection Statute may be gaining some traction.  In 2013, the Statute was amended and broadened to make claims under the statute more viable.  Now, with the statute of limitations being extended to 6 years, I suspect we will see an increase in whistleblower claims.