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Indiana Wrongful Termination Laws
Wrongful termination is a crime under federal laws, but many states have individual laws supplementing the protections offered by the Labor Standards Act of 1938 and the Civil Rights Act of 1964. Indiana is one of those states, although they have far fewer of those specific restrictions than many other states. Employees who have been discriminated against in this way may contact the local EEOC office to file claims or ask questions; however, they also have the right to file a private lawsuit with the help of an employee rights lawyer independently. Indiana is also an “at will” state, providing employees and employers with the right to terminate employment for any reason except those specifically outlined in federal and local laws.
Indiana’s Specific Labor Laws
In addition to federal laws, Indiana has some supplemental anti-discrimination and workplace protection laws, including the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$5.15 |
For employers with 2 or more employees; maximum tip credit $3.02; minimum wage for tipped employees $2.13 |
|
State Military Leave |
Yes |
U.S. military reserves allowed up to 15 days unpaid leave (although employers may award regular pay at their discretion) upon employee evidence of dates and completion; does not affect vacation, sick leave, bonuses, or seniority. Reinstatement is guaranteed. |
|
Jury Duty |
Yes |
Unpaid leave |
|
Voting |
No |
|
|
Garnishment |
Yes |
No limit on garnishments; general garnishment fee largest of $12 or 3% of withheld amount; 50% paid by employee and 50 % by creditor; child support garnishment fee of $2 per deduction. |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
No |
|
|
Discrimination |
Yes |
6 or more employees; age (40 to 70); national origin; disability (physical or mental-15 or more employees), gender; race; religion |
|
Whistleblower |
Yes |
Both public and private employees; violation first reported to employer or appropriate agency; if reparations not made in reasonable time, employee may report in writing to any agency, organization, or person. |
|
Plant Closings |
No |
|
*These laws change often, so consult local statutes for the most up-to-date information.
Indiana Discrimination Laws
Indiana’s supplemental discrimination laws provide protection in addition to the federal laws which protect the basic rights of race, color, religion, sex or national origin. If discrimination occurs, employees may file a claim with local agencies or through a private employee rights attorney, according to these guidelines:
- The state does not preempt the right of employees to privately pursue discrimination claims for wrongful termination.
- Employees are not permitted to recover attorney’s fees from a defendant.
- There is no statute of limitations specified in Indiana law.
Filing a Claim for Wrongful Termination
If an Indiana employee files a claim or lawsuit for wrongful termination, their representative will pursue the following procedures:
- Investigation
- Mediation/Conciliation
- File a lawsuit, when appropriate
Legal Remedies for Wrongful Termination
Employees may expect any or all of the following remedies from local agencies or private lawsuits:
- Reinstatement
- Reinstatement of benefits and seniority
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
- Court costs and attorney’s fees
Indiana employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties:
Jury duty – class B misdemeanor with up to $1,000 in fines and/or 180 days in jail; liable to employee for lost wages, attorney’s fees, and possibly reinstatement.
Whistleblower – Class A infraction
There are strict penalties for Indiana employers who discriminate against their employees contrary to state of federal guidelines. However, employees also have the right to pursue claims in the local EEOC office or private civil suits to receive compensation and even punitive damages for abuses. An employee rights attorney can help an employee determine what route to take to best have their rights protected and be compensated for wrongful actions by their employers.
Local Resources
Indiana EEOC Offices
Indianapolis District Office
101 W. Ohio Street, Suite 1900
Indianapolis, IN 46204
317-226-7212 or 800-669-4000
TTY: 317-226-5162 or 800-669-6820
FAX: 317-226-7953
Civil Rights Commission
Indianapolis, IN
317-232-2600
800-628-2909
www.in.gov/icrc