Most employment in Indiana considered to be "at-will". This means that either the employer or employee can terminate the employment at any particular moment, and for any reason. The only exception to this are reasons that the law has particularly outlined as impermissible to use as a basis for employee termination.
It is essential that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Arrangements for employment that are under a defined term contract are not "at will", and can only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Indiana?
In the state of Indiana, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are barred from terminating their employees on the basis of race, gender, religion, or nationality. A St. Joseph County employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a Indiana Attorney for My Wrongful Termination Case?
St. Joseph 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 proper information and documents, and will guide you through any unique or special procedures.