Indiana Recognizes Constructive Discharge Claim By At-Will Employee
In
this case, the Court of
Appeals of Indiana held that a claim for wrongful discharge may be asserted even
where the discharge in question was constructive, and the employment was
“at-will.” The Court found, however, that the at-will employee/plaintiff was not
constructively discharged so as to form the basis of a wrongful discharge claim,
even if he was pressured into engaging in unlawful conduct and watched his
employer defraud some of its customers. The Court reasoned that reasonable
alternatives to quitting remained open to the employee, such as informing the
authorities of the alleged illegal conduct.
Baker v. Tremco Inc.