Can I fire employees for reasons other than poor performance in Indiana? What are the requirements?

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Can I fire employees for reasons other than poor performance in Indiana? What are the requirements?

Yes, an appointing authority may lay off an employee in accordance with the provisions of IC 4-15-2.2-40 ^[1.1]. However, it is important to note that Indiana is an at-will employment state, which means that an employer can terminate an employee for any reason, as long as it is not discriminatory or in violation of public policy ^[3.1].

Requirements for firing employees in Indiana

• An employer cannot terminate an employee for discriminatory reasons, such as race, gender, religion, or national origin ^[3.1].
• An employer cannot terminate an employee for engaging in protected activities, such as filing a complaint of discrimination or harassment, or for exercising their rights to unionize or engage in collective bargaining ^[3.1].
• An employer cannot terminate an employee in violation of public policy, such as terminating an employee for refusing to engage in illegal activities ^[3.1].

It is important for employers to document the reasons for termination and to follow any applicable company policies or employment contracts ^[3.1].

Therefore, while an employer can terminate an employee for reasons other than poor performance, it is important to ensure that the termination is not discriminatory or in violation of public policy.

Source(s):

• [1.1] Layoff from the state service
• [3.1] Rights of employees

Jurisdiction

Indiana

• Labor