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What is wrongful termination in Indiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Indiana adheres to a strict at-will doctrine with limited exceptions.

1. Frampton Public Policy Exception

Frampton v. Central Indiana Gas Co., 260 Ind. 249 (1973), is the leading case — recognized a wrongful discharge tort for retaliation against an employee for filing a workers' comp claim. Indiana courts have been reluctant to extend Frampton beyond similar statutory rights:

  • Filing or threatening to file a workers' comp claim.
  • Refusing to commit an illegal act (McClanahan v. Remington Freight Lines, 517 N.E.2d 390 (Ind. 1988)).
  • Exercising a statutory right or duty.
  • 2. Indiana Civil Rights Law — Ind. Code § 22-9-1

    Prohibits discrimination based on race, religion, color, sex, disability, national origin, ancestry, age (40-75). Applies to employers with 6+ employees. Enforced primarily through the Indiana Civil Rights Commission. 180 days to file charge.

    The Indiana Supreme Court has held that there is no private right of action under ICRA without ICRC referral (Indiana Civil Rights Commission v. Sutherland Lumber, 394 N.E.2d 949). Most plaintiffs use federal Title VII, ADA, or ADEA.

    3. Age Discrimination — Ind. Code § 22-9-2

    Covers ages 40-75 (narrower than federal ADEA which has no upper limit).

    4. Disability Discrimination

    ICRA covers disability; federal ADA also applies.

    5. Whistleblower for Public Employees — Ind. Code § 22-5-3-3

    Protects state and local government employees.

    6. Workers' Comp Retaliation — Frampton + Ind. Code § 22-3-2-15.1

    Codifies Frampton-style protections.

    7. Implied Contract — No Recognition

    Orr v. Westminster Village North, 689 N.E.2d 712 (Ind. 1997), reaffirmed Indiana's strict at-will rule and rejected handbook-based implied contracts absent specific contractual language.

    8. WARN Act

    Federal WARN applies.

    9. Damages

    Frampton allows compensatory and punitive damages (uncapped under common law, but subject to general Indiana punitive damages cap of greater of $50,000 or 3x compensatory).

    10. Statute of Limitations

  • Frampton tort: 2 years (Ind. Code § 34-11-2-4).
  • ICRA: 180 days to ICRC.
  • Federal Title VII (Indiana is deferral): 300 days to EEOC.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You believe you have a Frampton workers' comp retaliation claim
    • You need to evaluate whether a federal Title VII claim is stronger than ICRC route
    • Your termination involves refusing to commit an illegal act
    Related Statutes & Laws
    • Ind. Code § 22-9-1-3
    • Ind. Code § 22-9-2
    • Ind. Code § 22-3-2-15.1
    • Ind. Code § 22-5-3-3

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.