Experienced Lawyer for Your Wrongful Termination Needs

Wrongful termination is one of the most common claims of employees against employers in Indiana. Understanding what makes a wrongful termination case successful can be confusing because it does not follow the plain meaning of “wrongful termination.”

When most employees say they are wrongfully terminated, what they really mean is that they did nothing wrong to justify getting fired. However, Indiana has adopted employment-at-will and that does not require an employee to be fired for a good reason.

In Indiana, an employee only has a claim for wrongful termination if it was an illegal termination. That means the termination violated a law, statute, or regulation. It is illegal for an employer to terminate an employee based on his or her race, color, sex, pregnancy, religious affiliation, disability, age, or country of origin, including immigration status. It is illegal for an employer to terminate an employee in retaliation because he or she complained of discrimination. It is illegal for an employer to terminate an employee because the employee made a workers compensation claim, workplace safety complaint, or had contact with a government agency.

If you were wrongfully terminated in Indiana, an employment attorney can advise you whether you have a wrongful termination case, and what remedies are available. 

In order to prove a wrongful termination case, documentation is critical. Document every conversation you have with your supervisors or coworkers about your termination. It’s also important to keep track of everything leading up to your termination. If you can, print your emails and any messages before you are fired. Take pictures and write down the names and phone numbers of your coworkers or anyone who witnessed the circumstances leading to your firing. Create a timeline before you forget what happened.

Your wrongful termination lawyer will want as much evidence as possible to build a strong case on your behalf. 

 If you are planning to take legal action on a wrongful termination case, it’s important to know that many cases last months or even years before they are resolved. 

The first step is to file a complaint with the EEOC or ICRC within 180 days of termination. These are the administrative agencies that investigate wrongful termination claims and make an initial finding of whether or not wrongful termination occurred. Some cases are resolved at the administrative agency. This is often a preferrable resolution in the interest of time and money. However, you should always be prepared for the possibility of going to federal court. 

After the EEOC or ICRC makes their determination about the merits of your wrongful termination claim, they will issue a "right to sue" letter. This means that in order to achieve resolution of the case, you will have to face your former employer in federal court. The federal lawsuit must be filed within 90 days of the "right to sue" letter. Once in federal court, the attorneys have greater ability to collect evidence from each other and from third parties. While it’s not a guarantee that your case will end up in court, it’s important to be prepared for the possibility.