Wrongful Termination Laws in Indiana: An Introduction to the Basics

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Wrongful Termination Laws in Indiana: An Introduction to the Basics
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Termination decisions are to be taken by the employing company or individual, but those decisions must also abide by the federal and state termination laws. These regulatory laws have been brought into effect for preventing acts of wrongful termination within the United States of America as a whole, as well as each of the concerned states. The state of Indiana holds the following three to be of the highest relevance in that regard, and they are also instrumental in settling lawsuits that arise from wrongful terminations within the state's jurisdiction.

Discrimination

As stated precisely by the wrongful termination Indiana law firm Stewart & Stewart Attorneys, termination decisions taken on the basis of discrimination and/or retaliation, provide fired employees with the ideal grounds for suing their employers.

The law in Indiana protects employees against wrongful terminations if they were indeed a result of discrimination. Illegal grounds for discriminatory dismissal of an employee in the state are as follows.

No employee can be legally dismissed, differentially treated or mistreated by an employer in the state of Indiana, if any one or multiple of those actions were indeed taken on the basis of:

  • Racial origin of the employee

  • Gender of the employee

  • Skin tone/color of the employee

  • Religious beliefs/affiliations of the employee

  • Disabilities of the employee that do not keep them from performing the essential functions of the job which they are required to do 

  • Country of origin or ancestral roots

Retaliation

According to the laws in force, Indiana employers cannot legally fire their employees if it can be considered as an act of retaliation. The clauses in this Act requires legal scrutiny and explanation because a termination resulting from retaliatory actions must be judged on the basis of the particular scenario in question. In general, though, the Retaliation Protection law in Indiana states the following.

Any employee who is terminated because the employer deemed him/her as a threat to themselves or their business for taking any action that isn't illegal has been terminated illegally.

A few instances which would be considered as adequate grounds for filing a wrongful termination lawsuit against such an employer are as follows.

  • Termination on the basis of whistleblowing

  • Termination after calling the authorities after noticing unlawful activities related to the employer

  • Termination after filing a complaint against work safety conditions and/or health hazards at the workplace

  • Termination due to the employee's unwillingness or non-cooperation in illegal activities

Public Policy

Finally, Indiana also has a state law against terminations that the society would consider unfair or unlawful. To explain the Public Policy Act against wrongful termination in Indiana, the following examples should be adequate.

If an employee refuses to be involved in or perform sexual acts that cannot be considered a legal ground for termination

  • If an injured worker seeks Worker's Compensation, they cannot be fired even if the employer is sued by them for not having insurance

This should serve as a proper introduction to the wrongful termination laws in Indiana, but if you are personally involved, it is highly advised to seek help from a qualified and experienced wrongful termination Indiana lawyer as soon as possible.

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