*Update: Following publication of this article, in July of 2013, the Minnesota Supreme Court reversed the Minnesota Court of Appeals’ decision and held that wrongful termination claims under DATWA are subject to a six-year statute of limitations. Click here to read our article discussing the Minnesota Supreme Court decision. Because of the reversal, the information below is no longer accurate.
The Minnesota Court of Appeals recently analyzed a matter of first impression under Minnesota law: whether a six-year or two-year statute of limitations applies to wrongful termination claims under the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”), section 181.953, subd. 10.
In Sipe v. STS Manufacturing, Inc., Civ. No. A11-2082, 2012 Minn. App. LEXIS 111, at *15 (Minn. Ct. App. Sept. 25, 2012), the Minnesota Court of Appeals held that a two-year statute of limitations applies to wrongful termination claims under Minn. Stat. § 181.953, subd. 10, because such a claim is an intentional tort that can result in personal injury.
About the Authors:
Attorneys Craig W. Trepanier and Kelly M. Dougherty have extensive experience with Minnesota workplace drug and alcohol testing laws, including litigating claims under DATWA. Craig may be reached at 612.455.0502 or firstname.lastname@example.org. Kelly may be reached at 612.455.0504 or email@example.com. Trepanier MacGillis Battina P.A. is a Minnesota drug testing law firm located in Minneapolis, Minnesota.