Can my employer fire me?
In Indiana, employees generally serve “at will.” This means that you can be fired for almost any reason, or for no reason at all. You can also quit for any reason, or for no reason at all.
Can my employer fire me because of my race?
No. Your employer cannot fire you because of your race, national origin, sex, religion, age, or physical or mental disability. If you feel you have been fired for one of these reasons, you should immediately contact the Equal Employment Opportunity Commission at (317) 269-7212 or the Indiana Civil Rights Commission at (317) 232-2600 and see about filing a complaint. You must file this complaint before you can file a lawsuit. You may want to talk to a private attorney before you contact the above agencies. There are time limits for filing a complaint before these agencies, as well as for filing a case in Court, so you should proceed as quickly as possible.
Can I be fired because I made a worker’s compensation claim?
No. Your employer cannot fire or otherwise retaliate against you for asserting a legal or constitutional right.
Your boss cannot fire you for any one of the following reasons:
- Refusing to commit an illegal act or wrongful act.
- Refusing to breach a legal duty like jury duty.
- Filing a worker’s compensation claim.
- Filing a claim with the U.S. Department of Labor or filing a lawsuit regarding minimum wage, child labor, overtime, and record keeping.
- Filing a complaint with the Department of Labor regarding unsanitary or unsafe working conditions under the Occupational Safety and Health Act.
- Claiming a right under the Family and Medical Leave Act.
- Filing a complaint with the Department of Labor or filing a lawsuit under the Family and Medical Leave Act.
- Claiming pension benefits under the Employment Retirement Income Security Act.
- Filing a claim with the Department of Labor or filing a lawsuit for benefits under the Employment Retirement Income Security Act.
- Opposing the employer’s discrimination of an individual on the basis of race, national origin, sex, religion, age, or physical or mental disability
- For filing a claim with Equal Employment Opportunity Commission claiming job discrimination based on race, national origin, sex, religion, age, or physical or mental disability
- For having had your wages subjected to garnishment
- For forming, joining, assisting a union, attempting to collectively bargain or engaging in protected concerted activities. (Any time you make a complaint that involves working conditions and it is done so on behalf of other workers, you are engaging in concerted activities).
Does my employer have to tell me why he fired me?
Sometimes. If you ask the employer to give you a reason, and, if your employer required written recommendations, or an application demonstrating your qualifications or experience for the job before hiring you, your employer must give you a signed letter stating the reasons why you were fired.
Last revised: 11-03
LSC Code: 1291500