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Employee's right under IN law for wrongful termination

Indianapolis, IN |

I was terminated today after 14 years of employment with a school corporation. I have numerous "outstanding" and "exemplary" job performance evaluations, one as recently as 3 weeks ago. the reason for my termination is "insubordination" because I refused to meet alone with my male principal and the male director of technology. what recourse do I have?

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Attorney answers 1


Indiana is considered an "employment at-will" state. At-will employees may be terminated for any reason, so long as it's not illegal. (meaning based on a constitutionally protected class -sex, age, race, ethnic origin). From the little you told us, if thati the reason you were terminated, you might have some gender-based claim available. Contact an Indiana employment lawyer for a consultation. As a school employee, you are likely working under a contract. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in Indiana, the mere fact that an employment contract is in writing is not sufficient to overcome the presumption that the employment is at-will. To overcome this presumption, an employment contract must directly limit, in a meaningful and special way, the employer's right to terminate the employee without cause. In other words, the employer has to unequivocally indicate that it will not terminate the employee except under specific circumstances or under a specific procedure. If you are in a union, then your union representative will be able to inform you of your rights and will file a grievance on your behalf if they feel the termination violated the collective bargaining agreement. Many times, employers have an employee handbook which sets forth policies and procedures. And terminated employees feel they have a claim against the employer if the employer did not follow the handbook's guidelines. The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney in your home state should be contacted to review individual circumstances.

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