Losing a job is always a distressing experience, especially when the circumstances surrounding the termination seem unfair or discriminatory. But was illegal discrimination really at play? Do you have legal recourse? Understanding whether a termination was illegal under Indiana law is crucial in deciding the next steps.
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employee is discharged from employment for illegal reasons. In Indiana, employment is generally “at-will,” meaning an employer can terminate an employee for any reason or no reason at all. However, there are specific exceptions to this rule. If a termination is based on discrimination, retaliation, or violates public policy, it may be considered wrongful.
Discrimination is a common ground for wrongful termination claims. Under the Indiana Civil Rights Law, it is illegal for employers to discriminate against employees based on race, color, religion, sex, disability, national origin, or ancestry. If a termination decision was influenced by any of these factors, it may be deemed discriminatory under the law.
Retaliation is another potential cause of wrongful termination. Indiana law protects employees from being fired for engaging in legally protected activities, such as filing a complaint about workplace discrimination, participating in an investigation, or even for taking advantage of their right to workers’ compensation benefits and medical leave. If an employer terminates an employee in retaliation for exercising these rights, it may constitute wrongful termination.
Signs of Potential Wrongful Termination
Identifying wrongful termination can be challenging, but several signs may indicate that a termination was unjust. These include:
- Sudden Changes in Performance Reviews: If you consistently received positive evaluations and suddenly you receive negative reviews without any significant changes in performance, it may suggest that the termination was not based on performance.
- Inconsistent Termination Reasons: If your employer provides conflicting reasons for the termination or changes the reason over time, it may indicate that the true motive is unlawful.
- Timing of Termination: If the termination occurs shortly after an employee engages in protected activity, such as reporting discrimination, it may suggest retaliation.
- Discriminatory Remarks or Behavior: Any comments or actions by the employer that suggest bias or prejudice could support a wrongful termination claim.
One you recognize the signs and decide that you likely do have a wrongful termination claim on your hands, you next have to know how to proceed.
Next Steps if Wrongful Termination is Suspected
If there is suspicion of wrongful termination, it is crucial to act promptly. Document any evidence related to the termination, including emails, performance reviews, and witness statements. Consulting with an employment law attorney can provide guidance on the viability of a claim and the best course of action for moving forward with an action to obtain compensation for the financial damages that you suffered.
Understanding the signs of wrongful termination and knowing Indiana’s legal protections can empower individuals to take action. If wrongful termination is suspected, seeking legal advice is a prudent step to determine if a valid claim exists.