Cited by
Opinions in Minnesota that cite Lukens v. State, 408 N.W.2d 569.
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Court of Appeals Gildea, C.J. Concurring, Chutich, Thissen, JJ. Lori Dowling Hanson,
Minn. 2022
Corp., (“The procedure suggested by the court of appeals is that used in Title VII actions .
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A Xiong, Appellant,
Minn. Ct. App. 2019
Phipps v. Clark Oil & Refining Corp.
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Cent. Hous. Assocs., LP v. Olson
929 N.W.2d 398
Minn. 2019
Corp. , , 572-73 (Minn. 1987) (recognizing a public-policy exception to Minnesota's employment-at-will rule).
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Burt v. Rackner, Inc.
902 N.W.2d 448
Minn. 2017
We have recognized a narrow common-law public-policy exception to the employment-at-will doctrine, allowing an employee to bring an action for wrongful discharge at common law only where “a termination is the result of an employee’s refusal to do an act that the employee, in good faith, believes to be illegal.” Dukowitz, d at 151 ; Phipps v. Clark Oil & Ref Corp.
- Yvette Ford v. Minneapolis Public Schools 874 N.W.2d 231 Minn. 2016
- Teresa McDonald v. Allina Health System d/b/a United Hospital Minn. Ct. App. 2015
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Barbara Peterson v. HealthEast Woodwinds Hospital
Minn. Ct. App. 2015
§§ 2601-54 (2012); (2) a violation of the Minnesota Whistleblower Act, Minn. Stat. § 181.932 (2014); (3) a common-law claim of wrongful discharge in violation of public policy, see Phipps v. Clark Oil & Refining Corp., (4) a common-law claim of negligent infliction of emotional distress; and (5) a common-law claim of intentional infliction of emotional distress.
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Yvette Ford v. Minneapolis Public Schools
857 N.W.2d 725
Minn. Ct. App. 2014
Corp., d 588, 590-92 (Minn. App. 1986), aff’d
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Dukowitz v. Hannon Security Services
841 N.W.2d 147
Minn. 2014
Dukowitz argues that our decisions in Phipps v. Clark Oil & Refining Corp., and Nelson v. Productive Alternatives, Inc., establish a cause of action for wrongful discharge if an employee can identify a clear mandate of public policy that the employer violated when it discharged the employee.
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Finn v. Alliance Bank
838 N.W.2d 585
Minn. Ct. App. 2013
Corp., in which the supreme court held that “an employee may bring an action for wrongful discharge if that employee is discharged for refusing to participate in an activity that the employee, in good faith, believes violates any state or federal law or rule or regulation adopted pursuant to law”).
- Schmitz v. United States Steel Corp. 831 N.W.2d 656 Minn. Ct. App. 2013
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Sipe v. STS Manufacturing, Inc.
822 N.W.2d 2
Minn. Ct. App. 2012
Corp., (in a case involving refusal to violate the Clean Water Act, holding that “an employee may bring an action for wrongful discharge if that employee is discharged for refusing to participate in an activity that the employee, in good faith, believes violates any state or federal law or rule or regulation
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In re the Estate of Neuman
819 N.W.2d 211
Minn. Ct. App. 2012
Corp., -72 (Minn.1987); see also Nelson v. Productive Alts., Inc., , 457 n. 5 (Minn.2006) (recognizing continued vitality of Minnesota’s common-law claim of wrongful discharge).
- Dukowitz v. Hannon Security Services 815 N.W.2d 848 Minn. Ct. App. 2012
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Nexus v. Swift
785 N.W.2d 771
Minn. Ct. App. 2010
Phipps v. Clark Oil & Refining Corp.
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Nelson v. Productive Alternatives, Inc.
715 N.W.2d 452
Minn. 2006
§§ 181.931-.935 (2004), precludes common-law wrongful-discharge claims premised on our holding in Phipps v. Clark Oil & Refining Corp.
- Nelson v. Productive Alternatives, Inc. 696 N.W.2d 841 Minn. Ct. App. 2005
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Abraham v. County of Hennepin
639 N.W.2d 342
Minn. 2002
Appellants’ retaliatory discharge claims are similar to the employee’s claim in Phipps v. Clark Oil & Refining Corp., aff'g which we identified as a wrongful discharge claim.
- Anderson-Johanningmeier v. Mid-Minnesota Women's Center, Inc. 637 N.W.2d 270 Minn. 2002
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Abraham v. County of Hennepin
622 N.W.2d 121
Minn. Ct. App. 2001
The bases for the holding were rule 38.01, addressed above, and Phipps v. Clark Oil & Refining Corp.
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Cokley v. City of Otsego
623 N.W.2d 625
Minn. Ct. App. 2001
1817, 1824 , 36 L.Ed.2d 668 (1973); Phipps v. Clark Oil & Refining Corp.
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Donahue v. Schwegman, Lundberg, Woessner & Kluth, P.A.
586 N.W.2d 811
Minn. Ct. App. 1998
See Phipps v. Clark Oil & Refining Corp., -91 (Minn.App.1986) (recognizing tort of wrongful discharge that requires termination contravene “clear mandate of public policy”), aff'd, , 571 (Minn.1987); see also Jonathan W.J.
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Hedglin v. City of Willmar
582 N.W.2d 897
Minn. 1998
In Minnesota, our court of appeals approved the public policy exception to at-will employment in Phipps v. Clark Oil & Refining Corp., aff 'd
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Carter v. Peace Officers Standards & Training Board
547 N.W.2d 431
Minn. Ct. App. 1996
See Phipps v. Clark Oil & Refining Corp.
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Larson v. New Richland Care Center
538 N.W.2d 915
Minn. Ct. App. 1995
1364, 1369-70 (D.Minn.1993); Phipps v. Clark Oil & Ref.
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Williams v. St. Paul Ramsey Medical Center, Inc.
530 N.W.2d 852
Minn. Ct. App. 1995
See Phipps v. Clark Oil & Refining Corp., -71 (Minn.1987).
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Bolton v. DEPT. OF HUMAN SERVICES, STATE
527 N.W.2d 149
Minn. Ct. App. 1995
Corp., (noting that after enactment of the Whistleblower Act, the court was no longer required to consider the policy question of whether Minnesota should recognize a cause of action for wrongful discharge); Piekarski v. Home Owners Sav.
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Villarreal v. Independent School District No. 659
520 N.W.2d 735
Minn. 1994
Phipps v. Clark Oil & Refining Corp., Minn.Stat.
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Randall v. Northern Milk Products, Inc.
519 N.W.2d 456
Minn. Ct. App. 1994
Phipps v. Clark Oil & Refining Corp.
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McGrath v. TCF Bank Savings, FSB
502 N.W.2d 801
Minn. Ct. App. 1993
Corp., , 571-72 (Minn.1987) (three-part McDonnell Douglas type analysis applied to common-law wrongful discharge claim where employee was discharged after refusing to violate a federal statute); Snesrud v. Instant Web, Inc., -28 (Minn.App.
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Strauss v. Thorne
490 N.W.2d 908
Minn. Ct. App. 1992
Phipps v. Clark Oil & Refining Corp., Karnes v. Milo Beauty & Barber Supply, (Minn.App.
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Parnell v. River Bend Carriers, Inc.
484 N.W.2d 442
Minn. Ct. App. 1992
1 Cf. Phipps v. Clark Oil & Refining Corp., (employee can bring wrongful discharge action if discharged for refusing to participate in believed illegal activity).
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Snesrud v. Instant Web, Inc.
484 N.W.2d 423
Minn. Ct. App. 1992
In support of his argument, Snesrud relies *427 largely on the decisions in Phipps v. Clark Oil & Refining Corp., aff'd
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Nordling v. Northern States Power Co.
478 N.W.2d 498
Minn. 1991
See also Phipps v. Clark Oil & Refining Co., -71 (Minn.1987) (allowing at-will employee to pursue retaliatory discharge claim).
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Michaelson v. Minnesota Mining & Manufacturing Co.
474 N.W.2d 174
Minn. Ct. App. 1991
Corp., under promissory estoppel theory, employee may recover damage when she leaves one job in reliance upon employment offer with another employer who revoked the offer before she could begin work.
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Graham v. Special School District No. 1
472 N.W.2d 114
Minn. 1991
Phipps v. Clark Oil & Refining Corp.
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Rico v. State
472 N.W.2d 100
Minn. 1991
When Gregg removed Rico from his unclassified position in July 1986, this court had not decided Phipps v. Clark Oil & Refining, (allowing “an action for wrongful discharge if th[e] employee is discharged for refusing to participate in an activity that the employee, in good faith, believes violates” the law), and the legislature had not enacted the whistle-blower statute.
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McDaniel v. United Hardware Distributing Co.
469 N.W.2d 84
Minn. 1991
1 Phipps v. Clark Oil & Refining *86 Corp.
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McIntire v. State
458 N.W.2d 714
Minn. Ct. App. 1990
an at-will employee refused to dispense leaded gasoline into an automobile equipped to receive only unleaded gasoline, correctly believing that such an act would be in violation of the law.
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Bucko v. First Minnesota Savings Bank, F.S.B.
452 N.W.2d 244
Minn. Ct. App. 1990
See Potter v. LaSalle Court Sports & Health Club, City of Minneapolis v. Richardson, 307 Minn. 80, 91 , see also Phipps v. Clark Oil & Refining Corp., (noting, in a wrongful discharge case, that “punitive damages are appropriate when otherwise wrongs may go unredressed.”); Wilson, d at 150 (noting punitive damages are appropriate in actions where actual compensatory damages are likely to be low).
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Larson v. Dunn
449 N.W.2d 751
Minn. Ct. App. 1990
19, 1988); Phipps v. Clark Oil & Refining Corp., (recognizing claim for wrongful discharge), aff'd
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Knudsen v. Northwest Airlines, Inc.
450 N.W.2d 131
Minn. 1990
Corp., (holding at-will employee has action for wrongful discharge when terminated for refusal to violate a law); Bussard v. College of St.
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Clough v. Ertz
442 N.W.2d 798
Minn. Ct. App. 1989
See also Phipps v. Clark Oil & Refining Corp.
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Vonch v. Carlson Companies, Inc.
439 N.W.2d 406
Minn. Ct. App. 1989
Phipps v. Clark Oil & Refining Corp.
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Bratton v. Menard, Inc.
438 N.W.2d 116
Minn. Ct. App. 1989
First, this rule is modified where an employee handbook meeting the requirements for the formation of a unilateral contract provides for other rights, second, where the discharge violates public policy, see Phipps v. Clark Oil & Refining Corp., (employee fired for refusing to dispense leaded gasoline into vehicle requiring unleaded gasoline in contravention of federal law has cause of action for wrongful discharge); third, where independent consideration be *119 yond the personal employment
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Knudsen v. Northwest Airlines, Inc.
437 N.W.2d 733
Minn. Ct. App. 1989
See Phipps v. Clark Oil & Refining Corp.
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Kresko v. Rulli
432 N.W.2d 764
Minn. Ct. App. 1988
Phipps v. Clark Oil & Refining Corp.
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Stowman v. Carlson Companies, Inc.
430 N.W.2d 490
Minn. Ct. App. 1988
See Phipps v. Clark Oil & Refining Corp., affd
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Eyler v. Minneapolis Star & Tribune Co.
427 N.W.2d 758
Minn. Ct. App. 1988
for rev. denied (Minn. July 26, 1984) (employer’s insistence on repugnant conduct may constitute good cause to quit); Phipps v. Clark Oil & Refining Corp., (employee who was discharged for refusing to pump leaded gas into a vehicle designed for unleaded gas in violation of federal law had cause of action for wrongful discharge).
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Bohdan v. Alltool Mfg., Co.
411 N.W.2d 902
Minn. Ct. App. 1987
Phipps v. Clark Oil & Refining Corp.