An employee fired for refusing to do an illegal act in the course of his or her employment may sue for wrongful discharge. An employee faced with intolerable conditions of employment and thereby compelled to quit is constructively discharged. The Indiana Court of Appeals recently combined the two concepts and ruled in Baker v. Tremco, Inc. (No. 29A02-0711-Cv-1001 July 16, 2008) that an employee constructively discharged because he refused to commit an illegal act in the course of employment may sue for damages. "It makes little sense," the court observed, "to allow an employer to accomplish constructively what the law will not allow it to do directly."
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July 30, 2008
Employee Can Sue For Constructive Wrongful Discharge
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