Employee Discipline: Indiana

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP

Summary

• Employers must refrain from disciplining employees based on protected leave. See Attendance.
• Employers must refrain from disciplining employees based on protected characteristics or conduct. See Indiana Antidiscrimination Laws.
• While Indiana employers may terminate an employee with or without cause under state law, employers cannot dismiss an employee based on a protected characteristic or conduct. See Employment At-Will.
• Indiana law protects employees who engage in protected activities from retaliation. See Retaliation and Whistleblower Protections.
• Indiana law requires an employer to issue a former employee a termination letter upon the former employee's written request. See Termination Letter.
• Indiana law requires employers to provide smoke free workplaces. See Smoke Free Workplace Law.
• Indiana law makes it unlawful for an employer to condition terms of employment, including compensation, benefits or discharge, on an employee's use of tobacco products outside of work. See Smokers' Rights.
• E-cigarettes are banned in certain Indiana municipalities. See E-Cigarettes.
• Employers may not threaten employees regarding their political activities. See Political Activities.
• Employers may not condition the terms of employment on an employee's joining or paying dues to a labor organization. See Right to Work.
• Indiana allows employees to carry and store firearms in the trunk glove compartment or out of plain sight in the employee's locked vehicle. See Firearms.
• Indiana employers may require job applicants and employees to submit to drug testing. See Drug Testing.
• Indiana law regulates medical testing. See Medical Testing.
• Indiana law regulates employee HIV testing. See HIV Testing.
• Indiana law allows an employer to sue an employee for breach of duty of loyalty. See Workplace Theft; Breach of Duty of Loyalty.
• Employers cannot deduct the value of lost or stolen property from an employee's wages. See Workplace Theft; Wage Deductions.
• Indiana law allows an employer to sue an employee for misappropriation of trade secrets. See Trade Secrets.
• Although disfavored, properly drafted noncompete agreements are enforceable in Indiana. See Noncompete Agreements.
• An employer may not impose a COVID-19 immunization requirement without including exemptions for employees. See COVID-19 Vaccine Mandate Exemptions.
• Localities including Bloomington, Fort Wayne, and Indianapolis-Marion County have requirements pertaining to employee discipline. See Local Requirements.