Indiana Court of Appeals Declines to Expand Exception to At-Will Employment

Intro by Laurie Martin, Hoover Hull Turner LLP

The Indiana Court of Appeals found that an employee who left his shift early based on a mistaken belief that he was under subpoena to testify was not protected from termination under Indiana’s limited public policy exceptions to at-will employment. See Perkins v. Memorial Hospital of South Bend, 2019 Ind. App. LEXIS 156 (Ind. Apr. 12, 2019). Despite the Hospital offering what the Court concluded to be a false justification for Perkins’s termination, because his testimony was voluntary and was not compelled, Perkins was not entitled to protection.  Judge Kirsch questioned the decision in dissent. Go here for more details and considerations for employers facing similar issues in the future.

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