Wrongful Termination in Indiana
What Is Wrongful Termination?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Indiana law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
Although Indiana is an at-will employment state, there are some exceptions. Under Indiana law, your employer cannot fire you for being a member of a religion, race, or sex. In addition, the termination cannot breach your employment contract or terminate you in violation of public policy.
Types Of Wrongful Termination
In Indiana, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Indiana state, federal, or local laws prohibit these reasons.
Right to Work laws were passed by the Indiana Legislature in 2012. An employer may not require, as a condition of employment, that an individual must become or remain a union member or pay money to a labor organization. An employer may not require you to pay union dues or an agency service fee. All of the above violates Indiana Code 22-6-6-4.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. Termination based on an employee’s race, religion, sex, national origin, ancestry, pregnancy, age, or any disability runs contrary to laws that protect certain attributes about a person. There is even a situation today where some states do not allow discrimination against the working class based on their sexual orientation or gender identity.
If you believe that you have been penalized or fired in Indiana for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Indiana attorney can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Indiana False Claims and Whistleblower Protection Act prohibits some types of retaliatory termination. Indiana employers cannot fire you for reporting violations of laws, rules, or misuse of public resources. However, the law permits employers to terminate workers who knowingly report false information.
Some states also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in Indiana
Are you suffering from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer in Indiana. Discuss your circumstances and the state laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
You can claim discrimination with either Indiana civil rights laws or federal laws. However, you must file both types of claims within 180 days of the most recent discriminatory act.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process sometime before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Indiana wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Indiana employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
The Indiana Civil Rights Commission investigates claims of discrimination in violation of state laws. If you wish to base your claim on federal laws, you can contact the U.S. Equal Employment Opportunity Commission (EEOC). Indiana is subject to the Indianapolis Region of the EEOC.
Why You Should Hire A Wrongful Termination Lawyer
Filing a wrongful termination lawsuit can feel overwhelming, especially when you believe you’ve been treated unfairly by your employer. Consulting an experienced Indiana attorney can clarify your legal rights and determine whether your case qualifies as wrongful termination. For many, having an advocate who listens and understands can bring relief during a difficult time.
Finding the right attorney shouldn’t add to your stress. That’s why our service connects you with skilled attorneys. Simply share your location, case category, and a few additional details, and we’ll provide you with tailored options promptly.
Our company charges no fees to connect you with the legal services you need. Some Indiana attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Indiana attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Indiana state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with a wrongful termination attorney in Indiana!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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