Most employment in Indiana considered to be "at-will". This means that either the employer or employee can terminate the employment at any given moment, and for any reason. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is important that you know how your work setup is classified. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Indiana?
The most common illegal ground for terminating an Indiana employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. An Elkhart County employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Indiana Attorney for My Wrongful Termination Case?
Elkhart County, Indiana lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.