What is wrongful termination in Indiana?
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:
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
This is legal information, not legal advice.
- 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
- 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.