A Veteran in Public Employment Cannot Be Fired Without a Hearing
Once past any initial probationary period, a veteran holding a position in Minnesota state civil service, or with a county, city, town, school district or other political subdivision, may be removed only for incompetency or misconduct SHOWN AFTER A HEARING, on due notice and written charges. The employer must give written notice of the intent to discharge and of the right to a hearing. The trap is the clock: FAILING TO REQUEST THE HEARING WITHIN 30 DAYS WAIVES REINSTATEMENT. Arbitrator lists come from the Bureau of Mediation Services.
Verified August 27, 2026
What this benefit is
Once past any initial probationary period, a veteran holding a position in Minnesota state civil service, or with a county, city, town, school district or other political subdivision, may be removed only for incompetency or misconduct SHOWN AFTER A HEARING, on due notice and written charges. The employer must give written notice of the intent to discharge and of the right to a hearing. The trap is the clock: FAILING TO REQUEST THE HEARING WITHIN 30 DAYS WAIVES REINSTATEMENT. Arbitrator lists come from the Bureau of Mediation Services.
What it's worth: Removal only for incompetency or misconduct shown after a hearing
- It covers state civil service and county, city, town, school district and other political subdivision positions.
- It applies AFTER any initial probationary period.
- Removal requires incompetency or misconduct SHOWN AFTER A HEARING, on due notice and written charges.
- The employer must give written notice of intent to discharge and of the right to request a hearing.
- FAILING TO REQUEST THE HEARING WITHIN 30 DAYS WAIVES REINSTATEMENT. This is the step that loses the protection.
- Arbitrator lists come from the Bureau of Mediation Services.
- There is no residency test — the protection turns on the employment.
Who is entitled to it
- You served in the U.S. armed forces.
- Your separation was under honorable conditions.
- You hold a Minnesota public position.
- Minnesota public employment.
Not sure whether that describes you?
Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.
How to claim it
Deadline: Request the hearing within 30 days of notice- 1If you receive notice of intent to discharge, request the hearing IN WRITING immediately. The 30 days is the whole protection.
- 2Keep proof of when you sent the request and when the notice arrived.
- 3Ask for the written charges. The employer must state incompetency or misconduct, not a general dissatisfaction.
- 4Ask the Bureau of Mediation Services for the arbitrator list.
- 5Speak to your County Veterans Service Officer or a lawyer at once. Do not wait for the hearing date to prepare.
- Form
- Written request for a hearing to the employing body
- File with
- Your employing public body
- Documents you will need
- dd214
- No renewal
- Once granted it does not need renewing.
Sources
- authority · statuteMinn. Stat. 197.46 — veterans preference, removal after hearing
- operating · published policyMinnesota Bureau of Mediation Services — arbitrator lists
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