So, here's the thing: Indiana is an at-will state. That means employers can let their employees go for any legal reason at any given time. (But, it goes both ways. You can leave, too for any legal reason at any given time.) However, employers seem to sometimes forget the "legal reason" part. When they do, we're here to help. Here are some common examples of wrongful termination that we'll go over:
Breach of Contract
There are a plethora of types of discrimination and you can learn more about the types of cases we handle here. Some types of discrimination include race, age, gender, and religious belief. While it may feel like you're being discriminated against, you still need the hard evidence to back up your claim. Here are a couple of questions to ask yourself:
Were any statements made either verbally or in writing that were discriminatory in nature?
Were other people of the same gender, race, age group, etc let go or laid off at the same time as you?
The difference between discrimination and harassment is that harassment is that harassment is taking it to the next level. When the teasing or unfair treatment happens more than once, it shifts from being discrimination to harassment. Unwanted sexual advances also fall into this category. Another factor to consider is if the incident has happened in front of other people. If you were in a relationship with your superior and were fired after breaking up, this also falls under harassment and could technically be a case of retaliation, too.
This type of case involves being let go for doing something that's protected under the law. For example, if you report illegal activity on the job and then you're fired, that's a case of retaliation. Also, if you received some time of warning (which is really more of a threat) to not do something or participate in an event and you do it anyway, then you're fired — guess what? — that's retaliation. Another type of retaliation case is being let go for taking your medical leave.
BREACH OF CONTRACT
While it's always good to have contracts in writing, any communication that even sounds like an agreement is considered a breach of contract. Consider these questions if you feel you've been wrongfully terminated due to a breach of contract:
Were any verbal promises made using words like guarantee or tenure?
Did your employer give you a handbook? If so, did it include anything on terminations?
INDIANAPOLIS, IN WRONGFUL TERMINATION ATTORNEY
It's a fact that employers can hire and fire at will, but there are still guidelines to follow and exceptions to these rules. If you're in the Indianapolis, Indiana area and believe you were wrongfully terminated, contact James D. Masur Attorney at Law. We're ready to analyze your situation to discover if you have a case. Schedule a free consultation today.