Indiana Termination (with Discharge) laws & HR compliance analysis

Indiana Termination (with Discharge): What you need to know

Indiana is an “employment-at-will” state. This means that an employer may generally terminate an employee at any time and for any reason, unless a law or contract provides otherwise. For example, a federal or state law, collective bargaining agreement, or individual employment contract may place limitations on an otherwise at-will relationship.
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As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
Jury or witness duty. Employers may not discipline or discharge employees for receiving or responding to a summons, serving as a juror, attending court for prospective jury service, or receiving or responding to a subpoena in a criminal proceeding (IN Stat. Sec. 35-44.1-2-11 and IN Stat. Sec. 35-44.1-2-12).
Military family leave. Employers with 50 or more employees must provide unpaid leave for the eligible spouse, parent, grandparent, or sibling of a person ordered to active military duty. The law allows up to 10 days of leave per year.
Employees who take this leave are entitled to job restoration (to either the position the employee held before the leave or an equivalent position with equivalent seniority, pay, benefits, and other terms and conditions of employment). In addition, employers may not interfere with, restrain, or deny an employee his or her rights under the law (IN Stat. Sec. 22-2-1et seq.).
Political activities. It is illegal under Indiana law to threaten ...

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