Sipe v. STS Mfg., Inc.

Appellant was discharged after testing positive to a drug test. Nearly three years after being discharged, Appellant filed an action against Respondents, his former employers, alleging that Respondents violated various provisions of the Drug and Alcohol Testing in the Workplace Act, namely Minn. Stat. 181.953. Respondents filed a motion to dismiss, asserting that Appellant's claim was barred by the two-year statute of limitations in Minn. Stat. 451.07(1) for, inter alia, libel, slander, "or other tort resulting in personal injury." The district court granted the motion, concluding that a claim under section 181.953(10) was a "tort resulting in personal injury." The court of appeals affirmed. The Supreme Court reversed, holding (1) Appellant's claim was subject to the six-year statute of limitations under Minn. Stat. 541.05(1)(2) as a cause of action "upon liability created by statute"; and (2) therefore, Appellant's complaint was not time-barred. Remanded. View "Sipe v. STS Mfg., Inc." on Justia Law