Baker v. Tremco Inc., 917 N.E.2d 650 (Ind. 2009). · Go Syfert
Baker v. Tremco Inc., 917 N.E.2d 650 (Ind. 2009). Cases Citing This Book View Copy Cite
144 citation events (144 in the last 25 years) across 9 distinct courts.
Strongest positive: South Bend Community School Corporation v. Connie Grabowski (ind, 2025-06-24)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (rule) South Bend Community School Corporation v. Connie Grabowski
Ind. · 2025 · confidence medium
A “Indiana follows the doctrine of employment at will, under which em- ployment may be terminated by either party at will, with or without rea- son.” Baker v. Tremco, Inc., 917 N.E.2d 650, 653 (Ind. 2009) (quoting Wior v. Anchor Indus., Inc., 669 N.E.2d 172, 175 (Ind. 1996)).
discussed Cited as authority (rule) Judy Lammons v. EDCO Environmental Services, Inc
Ind. Ct. App. · 2025 · confidence medium
Defamation per se is a specific kind of defamation that “‘imputes: (1) criminal conduct; (2) a loathsome disease; (3) misconduct in a person’s trade, profession, office, or occupation; or (4) sexual misconduct.’” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009) (quoting Kelley v. Tanoos, 865 N.E.2d 593, 596 (Ind. 2007)).
discussed Cited as authority (rule) Carson v. New Bern Transport Corporation
N.D. Ind. · 2024 · confidence medium
Finally, as to the third theory, the doctrine of promissory estoppel, Plaintiff was required to plead “the doctrine with particularity, demonstrating that the employer made a promise to the employee, the employee relied on the promise to his detriment, and the promise otherwise fits within the Restatement test for promissory estoppel.” Harris v. Brewer, 49 N.E. 3d. 632, 644 (Ind. Ct. App. 105) (citing Baker v. Tremco, Inc., 917 N.E.2d 650, 654 (Ind. 2009)).
discussed Cited as authority (rule) Rory Kerwood v. Elkhart County Sheriff's Department
Ind. Ct. App. · 2024 · confidence medium
“Whether a communication is defamatory is a question of law for the court, unless the communication is susceptible to either a defamatory or non-defamatory interpretation—in which case the matter may be submitted to the jury.” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009). [15] “For a statement to be actionable, it must be clear that it contains objectively verifiable fact regarding the plaintiff.” Sasser v. State Farm Ins.
cited Cited as authority (rule) Powers v. Coil Tran LLC
N.D. Ind. · 2024 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 654 (Ind. 2009).
discussed Cited as authority (rule) Wayne v. Superior Air-Ground Ambulance Service Inc
N.D. Ind. · 2023 · confidence medium
Turning to the constructive discharge claim, Defendants initially argued that Wayne failed to state a claim under Indiana law. [DE 9 at 7–9.] “Indiana follows the doctrine of employment at will, under which employment may be terminated by either party at will, with or without reason.” Baker v. Tremco Inc., 917 N.E.2d 650, 653 (Ind. 2009) (quoting Wior v. Anchor Indus., Inc., 669 N.E.2d 172, 175 (Ind. 1996)).
cited Cited as authority (rule) Browne v. Waldo
N.D. Ind. · 2023 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
discussed Cited as authority (rule) LeSure v. Walmart Inc
E.D. Wis. · 2022 · confidence medium
Under Indiana law, [a] statement is defamatory if it “tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person.” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
cited Cited as authority (rule) Porter v. T & T Farms, Inc.
N.D. Ind. · 2022 · confidence medium
Baker v. Tremco, Inc, 917 N.E.2d 650, 653 (Ind. 2009).
discussed Cited as authority (rule) Moore v. Calumet Township of Lake County
N.D. Ind. · 2022 · confidence medium
“The presumption of at-will employment is strong, and [the Indiana Supreme Court is] disinclined to adopt broad and ill- defined exceptions to the employment at-will doctrine.” Perkins v. Mem’l Hosp. of South Bend, 141 N.E.3d 1231 , 1235 (Ind. 2020) (quoting Baker v. Tremco Inc., 917 N.E.2d 650, 653 (Ind. 2009)).3 “Under Indiana law, an employee at will has no property interest in further employment.” Moulton, 150 F.3d at 804 (citing cases).
discussed Cited as authority (rule) Wilkinson v. Sheets (2×)
N.D. Ind. · 2021 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
discussed Cited as authority (rule) Pack v. Mast
N.D. Ind. · 2021 · confidence medium
Pack seems to concede this fact when, later in his memorandum, he quotes Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009), which specifically states that “[t]o maintain an action for defamation per se the Plaintiff must demonstrate . . . (2) malice . . . .” In order to prove that a defendant published with malice or reckless disregard, there “must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.” Moore, 968 F.Supp. at 1336 (quoting St.
examined Cited as authority (rule) Forrest Perkins v. Memorial Hospital of South Bend (5×) also: Cited "see"
Ind. · 2020 · confidence medium
“The presumption of at-will employment is strong, and we are disinclined to adopt broad and ill-defined exceptions to the employment at-will doctrine.” Baker v. Tremco Inc., 917 N.E.2d 650, 653 (Ind. 2009) (citing Orr v. Westminster Village N., Inc., 689 N.E.2d 712, 717 (Ind. 1997)).
examined Cited as authority (rule) Forrest Perkins v. Memorial Hospital of South Bend (5×) also: Cited "see"
Ind. · 2020 · confidence medium
“The presumption of at-will employment is strong, and we are disinclined to adopt broad and ill-defined exceptions to the employment at-will doctrine.” Baker v. Tremco Inc., 917 N.E.2d 650, 653 (Ind. 2009) (citing Orr v. Westminster Village N., Inc., 689 N.E.2d 712, 717 (Ind. 1997)).
discussed Cited as authority (rule) Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.
7th Cir. · 2019 · confidence medium
A statement is defamatory if it “tends to harm a person’s reputation by lowering the person in the community’s estima- tion or deterring third persons from dealing or associating with the person.” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
discussed Cited as authority (rule) Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.
7th Cir. · 2019 · confidence medium
A statement is defamatory if it “tends to harm a person’s reputation by lowering the person in the community’s estima- tion or deterring third persons from dealing or associating with the person.” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
cited Cited as authority (rule) Harris v. Steel Warehouse
N.D. Ind. · 2019 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 655 (Ind. 2009); see also Tony v. Elkhart Cty., 918 N.E.2d 363, 368 (Ind. Ct. App. 2009) (discussing history of Frampton and Baker).
cited Cited as authority (rule) Forrest Perkins v. Memorial Hospital of South Bend
Ind. Ct. App. · 2019 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 653-54 (Ind. 2009).
discussed Cited as authority (rule) Victoria Robinson v. 21st Century Charter School at Gary, Angela West, in her official and individual capacity, Dana (Johnson) Teasley, in her official and individual capacity (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Defamation per se involves a communication imputing: “(1) criminal conduct; (2) a loathsome disease; (3) misconduct in a person’s trade, profession, office, or occupation; or (4) sexual misconduct.” Baker v. Tremco, Inc., 917 N.E.2d 650, 657 (Ind. 2009).
discussed Cited as authority (rule) Zerlie Charles v. Vickie Vest (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
In an action for defamation per se—as opposed to defamation per quod—a “plaintiff is entitled to presumed damages ‘as a natural and probable consequence’ of the per se defamation.[]” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009) (internal quotations and citations omitted).
discussed Cited as authority (rule) Robert Hrezo v. City of Lawrenceburg
Ind. Ct. App. · 2017 · confidence medium
“Whether a communication is defamatory is a question of law for the court, unless the communication is susceptible to either a defamatory or non-defamatory interpretation—in which case the matter may be submitted to the jury.” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
examined Cited as authority (rule) Mimms v. CVS Pharmacy, Inc. (3×) also: Cited "see"
S.D. Ind. · 2017 · confidence medium
CVS argues persuasively that the statement, “something about a license issue,” is not defamatory per se because it is “far too vague to conclude that [the alleged defamatory words] were so obviously and naturally harmful that proof of their injurious character can be dispensed with.” Baker v. Tremco Inc., 917 N.E.2d 650, 658 (Ind. 2009) (citation omitted); Moore v. Univ. of Notre Dame, 968 F.Supp. 1330, 1334 (N.D.
discussed Cited as authority (rule) Vazirani v. Annexus
Ariz. Ct. App. · 2017 · confidence medium
Ariz. 2007) (holding statements concerning former employee of defendant that he was fired because he was unprofessional in not honoring his contracts were sufficiently factual and damaging to his reputation in his profession and his honesty so as to be capable of bearing a defamatory per se meaning), with Baker v. Tremco, Inc., 917 N.E.2d 650, 658 (Ind. 2009) (statement that former salesman had “inappropriate sales practices” was too vague to be construable as defamatory per se). 12 ¶39 However, we need not decide whether the statements described in paragraph 38, supra, are actionable bec…
discussed Cited as authority (rule) Vazirani v. Annexus
Ariz. Ct. App. · 2016 · confidence medium
Ariz. 2007) (holding statements concerning former employee of defendant that he was fired because he was unprofessional in not honoring his contracts were sufficiently factual and damaging to his reputation in his profession and his honesty so as to be capable of bearing a defamatory per se meaning), with Baker v. Tremco, Inc., 917 N.E.2d 650, 658 (Ind. 2009) (statement that former salesman had “inappropriate sales practices” was too vague to be construable as defamatory per se).
discussed Cited as authority (rule) Town of West Terre Haute, Indiana v. Jody Roach
Ind. Ct. App. · 2016 · confidence medium
“A defamatory communication is one that tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person.” Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind.2009).
cited Cited as authority (rule) Daniel Harris v. Donald brewer, Donald Crockett, and Thomas Lamb, Orange County Commissioners as governing body of the Orange County Highway Dept.
Ind. Ct. App. · 2015 · confidence medium
Baker v. Tremco, Inc., 917 N.E.2d 650, 657 (Ind.2009).
cited Cited as authority (rule) Michael A. Wartell v. Lawrence H. Lee
Ind. Ct. App. · 2015 · confidence medium
Lee supports his position with Levee v. Beeching, 729 N.E.2d 215 (Ind.Ct.App.2000) and Baker v. Tremco, 917 N.E.2d 650, 652 (Ind.2009).
cited Cited as authority (rule) Maria Bonner v. Elena Magana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
Baker v. Tremco, Inc., 917 N.E.2d 650, 653 (Ind. 2009).
cited Cited as authority (rule) Eve Carson v. Stacy Palombo
Ind. Ct. App. · 2014 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind.2009); State Farm Fire & Cas.
discussed Cited as authority (rule) Emilio Martino v. Western & Southern Financial G
7th Cir. · 2013 · confidence medium
The Supreme Court of Indiana has held that a plaintiff has alleged defamation per se when the words are “so obvi- ously and naturally harmful that proof of their injurious character can be dispensed with.” Baker v. Tremco, Inc., 917 N.E.2d 650, 658 (Ind. 2009) (quoting Levee v. Beeching, 729 N.E.2d 215, 220 (Ind. Ct. App. 2000)).
discussed Cited as authority (rule) Martino v. Western & Southern Financial Group
7th Cir. · 2013 · confidence medium
The Supreme Court of Indiana has held that a plaintiff has alleged defamation per se when the words are “so obviously and naturally harmful that proof of their injurious character can be dispensed with.” Baker v. Tremco, Inc., 917 N.E.2d 650, 658 (Ind.2009) (quoting Levee v. Beeching, 729 N.E.2d 215, 220 (Ind.Ct.App.2000)).
discussed Cited as authority (rule) Gail Bierman and Beth Weier v. Scott Weier and Author Solutions, Inc. (2×)
Iowa · 2013 · confidence medium
Corp., 733 A.2d 197, 215 (Conn. 1999) (finding that reputational injury could be conclusively presumed in a defamation action by an employee against an employer for claims made in a termination letter); Tuite v. Corbitt, 866 N.E.2d 114, 121 (Ill. 2006) (“A statement is defamatory per se if its defamatory character is obvious and apparent on its face and injury to the plaintiff’s reputation may be presumed.”); Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009) (stating that in a defamation per se action, no proof of injury is required); 33 Stringer v. Wal-Mart Stores, Inc., 151 S.W.3d …
discussed Cited as authority (rule) John Nixon v. Lucien Haag
7th Cir. · 2012 · confidence medium
Under Indiana law (which neither party disputes applies here), “[a] defamatory communication is one that tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person.” Baker v. Tremco, Inc., 917 N.E.2d 650, 657 (Ind. 2009).
discussed Cited as authority (rule) Nixon v. Haag
7th Cir. · 2012 · confidence medium
Under Indiana law (which neither party disputes applies here), “[a] defamatory communication is one that tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person.” Baker v. Tremco, Inc., 917 N.E.2d 650, 657 (Ind.2009).
discussed Cited as authority (rule) PERU SCHOOL CORP. v. Grant (2×) also: Cited "see, e.g."
Ind. Ct. App. · 2012 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 653 (Ind.2009); Jarboe v. Landmark Cmty. Newspapers of Ind., Inc., 644 N.E.2d 118, 121 (Ind.1994), reh’g denied.
discussed Cited as authority (rule) Peru School Corp. a/k/a Peru Comm. Schools v. Gary Grant v. Peru School Corp. a/k/a Peru Comm. Schools and Stanley Hall (2×) also: Cited "see, e.g."
Ind. Ct. App. · 2012 · confidence medium
Baker v. Tremco Inc., 917 N.E.2d 650, 653 (Ind. 2009); Jarboe v. Landmark Cmty. Newspapers of Ind., Inc., 644 N.E.2d 118, 121 (Ind. 1994), reh’g denied.
discussed Cited as authority (rule) Paul K. Ogden v. Stephen Robertson
Ind. Ct. App. · 2012 · confidence medium
Common Law Alternatively, Ogden claims that Cantrell v. Morris, 849 N.E.2d 488, 495 (Ind. 2006) and Baker v. Tremco, 917 N.E.2d 650, 654 (Ind. 2009) established that when an employee is discharged solely for exercising a statutorily conferred right, an exception to the general common law rule of employment at will must be recognized.
cited Cited as authority (rule) Miller v. Junior Achievement of Central Indiana, Inc.
Ind. Ct. App. · 2012 · confidence medium
Baker v. Tremco, 917 N.E.2d 650, 657 (Ind.2009).
cited Cited as authority (rule) In Re: Indiana Newspapers, Inc. d/b/a The Indianapolis Star, Jeffrey M. Miller & Cynthia S. Miller v. Junior Achievement of Central Indiana, Inc. Jennifer Burk
Ind. Ct. App. · 2012 · confidence medium
Baker v. Tremco, 917 N.E.2d 650, 657 (Ind. 2009).
discussed Cited as authority (rule) Ogden v. Robertson (2×)
Ind. Ct. App. · 2012 · confidence medium
Common Law Alternatively, Ogden claims that Cantrell v. Morris, 849 N.E.2d 488, 495 (Ind.2006) and Baker v. Tremco, 917 N.E.2d 650, 654 (Ind.2009) established that when an employee is discharged solely for exercising a statutorily conferred right, an ex *145 ception to the general common law rule of employment at will must be recognized.
discussed Cited as authority (rule) Smeigh v. Johns Manville, Inc.
7th Cir. · 2011 · confidence medium
The terms of the Stipulation certainly weren’t so onerous as to result in constructive discharge, Baker v. Tremco, Inc., 917 N.E.2d 650, 655 (Ind.2009) (stating that a cause of action for constructive retaliatory discharge exists for an employee who can show that he has been forced to resign as a result of exercising this statutorily conferred right), nor does Smeigh make this argument.
cited Cited as authority (rule) T.N. v. B.D.
Ind. Ct. App. · 2010 · confidence medium
Baker v. Tremco, Inc., 917 N.E.2d 650, 657 (Ind.2009).
cited Cited as authority (rule) In Re Paternity of Kd
Ind. Ct. App. · 2010 · confidence medium
Baker v. Tremco, Inc., 917 N.E.2d 650, 657 (Ind.2009).
discussed Cited as authority (rule) Nieman v. Nationwide Mutual Insurance (2×) also: Cited "see"
C.D. Ill. · 2010 · confidence medium
“A communication is defamatory per se if it imputes: (1) criminal conduct; (2) a loathsome disease; (3) misconduct in a person’s trade, profession, office, or occupation; or (4) sexual misconduct.” Baker v. Tremco, *912 Inc., 917 N.E.2d 650, 657 (Ind.2009) (internal quotation marks and citation omitted); Kelley v. Tanoos, 865 N.E.2d 593, 596 (Ind.2007).
cited Cited "see" Browne v. Waldo
N.D. Ind. · 2021 · signal: see · confidence high
See Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009).
cited Cited "see" Gregorich v. Tyson Foods, Inc.
N.D. Ind. · 2020 · signal: see · confidence high
See Baker v. Tremco Inc., 917 N.E.2d 650 (Ind. 2009) and Perkins v. Mem'l Hosp. of S. Bend, 121 N.E.3d 1089, 1094 (Ind. Ct. App. 2019).
discussed Cited "see" Mario L. Sims v. Emily Taylor (mem. dec.)
Ind. Ct. App. · 2018 · signal: see · confidence high
See Baker v. Tremco Inc., 917 N.E.2d 650, 658 (Ind. 2009) (alleging that a former employer took part in inappropriate sales practices did not impute the requisite misconduct for defamation per se); Hamilton v. Prewett, 860 N.E.2d 1234, 1243 (Ind. Ct. App. 2007) (holding that a false statement of fact is required to impose liability for defamation), trans. denied; Levee v. Beeching, 729 N.E.2d 215, 220 (Ind. Ct. App. 2000) (calling a principal a liar and asserting that she favored some staff were not defamatory per se).
discussed Cited "see, e.g." Stewart v. Loughran
N.D. Ind. · 2019 · signal: see also · confidence medium
Defamation is “that which tends to injure reputation or to diminish esteem, respect, good will, or confidence in the plaintiff, or to excite derogatory feelings or opinions about the plaintiff.” Ratcliff v. Barnes, 750 N.E.2d 433, 436 (Ind. Ct. App. 2001); see also Baker v. Tremco Inc., 917 N.E.2d 650, 657 (Ind. 2009) (defining a defamatory communication as “one that tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person”) (citing Kelley v. Tanoos, 865 N.E.2d 593 (Ind. 2007)).
Retrieving the full opinion text from the archive…
Brennen BAKER, Appellant (Plaintiff/Counterclaim Defendant Below), and Moisture Management, Appellant (Third-Party Defendant Below),
v.
TREMCO INCORPORATED, Appellee (Defendant/Counterclaim Plaintiff/Third-Party Plaintiff Below), and Rick Gibson, Appellee (Defendant/Counterclaim Plaintiff/Third-Party Plaintiff Below)
29S02-0902-CV-65.
Indiana Supreme Court.
Dec 1, 2009.
917 N.E.2d 650
2009 Ind. LEXIS 1494
2009 WL 4279158
Andrew W. Hull, Daniel K. Burke, Indianapolis, IN, Attorneys for Appellants., Mark J.R. Merkle, Anthony W. Mom-mer, Indianapolis, IN, Attorneys for Ap-pellees.
Boehm, Dickson, Rucker, Shepard, Sullivan.
Cited by 54 opinions  |  Published
SHEPARD, Chief Justice.

Appellant Brennan Baker contends that constructive discharge falls within the public policy exception to Indiana's doctrine of employment at will. We conclude that a claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by our decisions on retaliatory discharge. Baker's claim does not.

Facts and Procedural History

Tremeo, Inc. manufactures and sells various products for construction and maintenance of roofing systems. On July 19, 1991, Brennan Baker and Tremeo entered into an agreement in which Tremeo employed Baker to sell and promote the sale of Tremeo's products in such areas or to such accounts as Tremeo might assign him. The agreement included provisions under which Baker agreed not to compete with Tremeo or solicit any of Tremeo's customers while Baker was employed by Tremeo and for a period of eighteen months following termination.

During the course of Baker's employment, Tremco trained him in the promotion of goods and services through the Association of Educational Purchasing Agencies (an association of school systems that combine their purchasing power to buy goods), in roof asset management programs, and in thermal imaging that would reveal problems in roofing systems. Baker also sold field inspection services, roof asset management services, and patch and repair services as well as roofing supplies and products Baker received commissions on the sales of Tremeo's products and services provided by Waterproofing Technologies, Inc., Tremeo's subsidiary.

[*653] Baker resigned from his employment on January 5, 2004, after a dispute arose between Baker and Tremeo regarding Trem-co's sales and bidding practices. Baker alleges that he concluded that the AEPA schools were being overcharged for products and services, and after informing his immediate supervisor Rick Gibson, he refused to continue using WTI policies and the AEPA contract as a means of selling Tremeo's products.

Baker subsequently formed and operated Moisture Management, a company that provides its clients with consultation and troubleshooting services relating to roofing and waterproofing as well as mold consultation.

Baker filed a complaint for damages against Tremeco, seeking a declaration that the covenant not to compete is unenforceable and asserting claims for wrongful termination, defamation, and violation of Indiana's blacklisting statute. Tremeo filed a counterclaim, seeking an injunction to enforce the covenant not to compete and asserting claims against Baker for breach of contract and against Moisture Management for tortious interference. The parties filed competing summary judgment motions with respect to the non-compete claim. Tremeo also argued that no genuine issue of material fact exists with respect to Baker's remaining claims. The trial court granted summary judgment in favor of Tremeo and Gibson with respect to all claims and issued an injunctive relief against Baker and Moisture Management.

Baker appealed, and the Court of Appeals affirmed in part, reversed in part, and remanded. Baker v. Tremco Inc., 890 N.E.2d 73 (Ind.Ct.App.2008). We granted transfer. 915 N.E.2d 981 (Ind.2009) (table).

Although the parties raise numerous issues for review, we will only address three. [1] First, we consider whether a claim for constructive retaliatory discharge falls within Indiana's public policy exception to the employment at will doctrine. Second, we consider whether the non competition agreement is unenforceable because Baker is actually competing with a subsidiary of Tremeo. Third, we judge whether a statement from the former supervisor was slanderous per se so as to create an actionable defamation claim.

I. Retaliatory Discharge

Baker contends that he is entitled to judgment with respect to his breach of contract/wrongful termination claim against Tremeo. (Appellants' Br. at 26.) He argues that he was wrongfully discharged for refusing to participate in illegal activity-refusing to participate in Tremeo's scheme to sell its roofing products and WTT's services by violating public bidding laws and defrauding Indiana pub-lie schools. Tremeo argues that Baker's employment was not involuntarily terminated, noting that Baker tendered his own resignation. (Appellees Br. at 20.)

"Indiana follows the doctrine of employment at will, under which employment may be terminated by either party at will, with or without reason." Wior v. Anchor Indus., Inc., 669 N.E.2d 172, 175 (Ind.1996). The presumption of at-will employment is strong, and we are disinclined to adopt broad and ill-defined exceptions to the employment at will doctrine. Orr. v. Westminster Village N., Inc., 689 N.E.2d 712, 717 (Ind.1997).

This Court has recognized only three exceptions to the doctrine. First, if[*654] an employee establishes that "adequate independent consideration" supports the employment contract, the Court generally will conclude that the parties intended to establish a relationship in which the employer may terminate the employee only for good cause. Id. at 718. Adequate independent consideration is provided when the employer is aware that the employee had a position with assured permanency and the employee accepted the new position only after receiving assurances guaranteeing similar permanency, or when the employee entered into a settlement agreement releasing the employer from liability on an employment related claim against the employer. Id.

Second, we have recognized a pub-lie policy exception to the doctrine if a clear statutory expression of a right or a duty is contravened. Wior, 669 N.E.2d at 177, n. 5.

Third, this Court has recognized that an employee may invoke the doctrine of promissory estoppel by pleading the doctrine with particularity, demonstrating that the employer made a promise to the employee, that the employee relied on the promise to his detriment, and that the promise otherwise fits within the Restatement test for promissory estoppel. Orr, 689 N.E.2d at 718.

In this case, Baker argues the second of these, saying that when he refused to participate in Tremeo and WTI's unlawful activities in using the AEPA/Wilson line-item contract to violate public bidding laws and defraud public schools in Indiana, he was advised that he would be terminated. Baker cites McClanahan v. Remington Freight Lines, Inc., 517 N.E.2d 390, 392-93 (Ind.1988) for support.

In McClanahan, we extended the public policy exception to include a "separate but tightly defined exception to the employment at will doctrine" when an employer discharges an employee for refusing to commit an illegal act for which the employee would be personally liable. 517 N.E.2d at 393. In that case, an at-will employee working as an interstate truck driver refused to drive his overweight truck through Illinois, fearing he would be personally liable for violating Ilinois law and subjected to fines. Id. at 391. The employer ordered the employee to return to the company headquarters, and it terminated him when he arrived. According to the company's employee manual, the employee's actions constituted a "voluntary quit." Id. The employee filed a claim for wrongful discharge. Id.

The decision in McClanahan flowed from Frampton v. Cent. Ind. Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973), where this Court first recognized the public policy exception to the employment at will doe-trine. Frampton had filed a claim under workers compensation, and Central Indiana Gas fired him for doing so. We declared that "when an employee is discharged solely for exercising a statutorily conferred right[,] an exception to the general rule must be recognized." Id. at 253, 297 N.E.2d at 428.

Despite the fact that the employee in McClanahan was fulfilling a statutory duty (declining to drive an overweight truck in abrogation of a statute) rather than exercising a statutorily conferred right, we held that "firing an employee for refusing to commit an illegal act for which he would be personally liable is as much a violation of public policy declared by the legislature as firing an employee for filing a workmen's compensation claim." 517 N.E.2d at 392-93.

Tremeo contends that McClanahan offers no support because our holding was carefully limited to an employee who was terminated, and Tremco further explains[*655] that Baker resigned and was not fired. (Appellees' Br. at 18.) Baker, by contrast, argues that Tremeo fails to refute that Baker was constructively discharged from his employment for refusing to participate in illegal activity. (Appellants' Br. at 27.) He cites Tony v. Elkhart County, 851 N.E.2d 1032 (Ind.Ct.App.2006) to suggest that the public policy exception includes situations where the employee was constructively discharged.

In Tony, an employee serving as a highway maintenance worker was involved in two work-related accidents in which he sustained injuries that required surgery, physical therapy, and placement on work restrictions by his physicians. Id. at 1034. The employee was subjected to a hostile working environment in which he was ridiculed by the employer's management for his injuries and compensation claims, and the management ignored the employee's restrictions and directed him to perform task that exceeded the employee's limitations and placed him in further risk of injury. Id. The employment relationship ended, and the employee subsequently filed a complaint against the employer for constructive discharge in retaliation for the employee's workers compensation claims. Id. The complaint was dismissed by the trial court.

On appeal, the employee argued that "the court should recognize the doctrine of constructive discharge as a claim under Frampton that an employee at will ean raise in the context of a common law retaliatory discharge claim brought against his employer." Id. at 1037. The Court of Appeals held that "a constructive discharge in retaliation for filing a worker's compensation claim falls within the Frampton public policy exception and that a cause of action for constructive retaliation discharge exists for an employee that can show that he has been forced to resign as a result of exercising this statutorily conferred right." Id. at 1040. The court reasoned that an employer's acts of creating working conditions so intolerable as to force an employee to resign in response to exercise of the employee's statutory right to file a worker's compensation claim also "creates a deleterious effect on the exercise of this important statutory right and would impede the employee's ability to exercise his right in an unfettered fashion without being subject to reprisal." Id.

We find this discussion convine-ing and conclude that a constructive retaliatory discharge falls within the ambit of the narrowly drawn public policy exception to the employment at will doctrine. Depending on the facts, it is merely retaliatory discharge in reverse. The constructive discharge doctrine acknowledges the fact that some employee resignations are involuntary and further prevents employers who wrongfully foree an employee to resign to escape any sort of liability for their actions.

Still, the fulcrum of the discharge must fit within the exception as recognized by Frampton and McClanahan. This was certainly the case in Tony, where the employer ridiculed the employee for his workers compensation claim and the attendant work limitations.

Baker's claim is not within the ambit of the recognized exceptions to the general doctrine of at-will employment. His constructive discharge contentions rest on Tremeo's participation in activities of one of the educational service centers the General Assembly has authorized pursuant to Ind.Code § 20-20-1-1 et seq. Each of these centers is "an extended agency of school corporations that operates under rules established by the state board of education." Ind.Code § 20-20-1-2(1) (2007). They constitute a mechanism through which schools may undertake col[*656] lective programs and services, one of which is joint purchasing and financial management. Ind.Code § 20-20-1-2(b)(7) (2007). The purchasing activities of the multiple centers proceed collectively through the Association of Educational Purchasing Agencies. As Baker notes, this Association and one or more of the regional service centers have been cooperating in the purchase of roofing supplies and services for local school corporations since 2000. (Appellants' Br. at 4.) These efforts have proceeded under the framework enacted by the General Assembly, in accordance with the rules promulgated by the state board of education, and as audited by the state board of accounts.

At its heart, Baker's constructive discharge claim rest on his allegation that the roofing activities conducted under this statutory regime contravene other statutes about bidding public projects. We can be agnostic on such a question of statutory construction and still conclude as a matter of common law that it is not on par with the rights and obligations recognized as a basis for discharge complaints in Frampton and McClanahan.

II. Non-Compete Agreement and the Subsidiary

The agreement which Tremeo and Baker executed in 1991 provided that in consideration of Baker's employment and of Tremeo's investment in Baker's training, he would not compete with Tremeo for a period of eighteen months after his departure from the company "in any aspect of any Applicable business in the areas in which the Applicable business is being conducted by you on the date of the termination of your employment or in which it has been conducted by you during the 24 month period which precedes such termination date." (Appellees' App. at 35.)

During his employment, Baker sold services and products in a territory Tremeo designated as "M17," portions of southwest and southern Indiana. (Appellants' App. 46-51.) For a period of time after he left Tremeo in January 2004, Baker did not solicit work in this area, understanding it to be covered by the 1991 agreement. Id. at 62. Beginning in late 2004, he started calling on the same customers inside "M17" whom he had solicited for Tremeo. Id. at 63-72. Baker says that he and his new company Moisture Management, Inc., assist school personnel in preparing specifications, evaluating bids from contractors, and overseeing roofing projects "in much the same way" as Tremeo's subsidiary WTI (Appellants' Br. at 28.)

Baker asserts that while he may be competing with WTI, he is not competing with Tremeo, with which he signed the employment agreement.

The parties' agreement provides that it "shall be governed by the internal laws of the State of Ohio." (Appellants' App. at 641.) In Ohio, as in Indiana, covenants not to compete are disfavored. They are enforced only to the extent that the restraints in question are reasonably necessary to protect the legitimate business interests of the employer, do not place an undue burden on the employee, and do not injure the public interest. Raimonde v. Van Vlerah, 42 Ohio St.2d 21, 325 N.E.2d 544 (1975).

We address elsewhere some subsidiary claims Baker makes about the enforceability of the agreement, but a central one is that he now competes with WTI, the Tremeo subsidiary, rather than with Trem-co itself. Baker does not cite any Ohio caselaw on employment agreements as respects competing with parent companies and subsidiaries. He does cite one case in which an appellate court affirmed a trial court's decision not to enforce an agreement where there was but "tangential ov[*657] erlap" between the business activities of the former and the new employer. Facility Serv. & Sys., Inc. v. Vaiden, No. 86904, 2006 WL 1572236 at *1 (Ohio Ct.App. June 8, 2006).

In Vaiden, 99% of the new employer's services were different from the business line of the former employer, making it altogether plausible that the employee had not moved to a "business similar to the type of business in which the Company is engaged," the restraints imposed by the employment contract. Id.

Baker's deposition indicates that he received extensive training concerning Trem-co's roofing products, about roofing management programs, and on the operation of the Association of Educational Purchasing Agencies. (Appellees App. 105-07, 111, 114-19.) Baker received all his compensation from Tremeo, whether it related to Tremeo products he sold or to WTI services he sold. (Appellees' App. at 52-54.) We cannot conclude on this evidence that the trial court erred in finding that Baker was competing for business he had been conducting for Tremeo.

III. Slander Per Se

Most defamation actions require proof of damage flowing from the slander. Baker's challenge to the trial court's grant of summary judgment on his slander claim is that the remarks he says were made about him were slander per se, for which no particular proof of injury is required.

Baker argues that "Gibson, a Tremeo representative, made statements that are defamatory per se when he stated to David Tyndall that Baker ... had engaged in inappropriate sales practices." (Appel lants' Br. at 28.) Tremeo asserts that "the statement that Baker had engaged in "inappropriate' sales practices is far too vague and broad to convey any defamatory meaning," and cites Levee v. Beeching, 729 N.E.2d 215 (Ind.Ct.App.2000) for support.

A defamatory communication is one that tends to harm a person's reputation by lowering the person in the community's estimation or deterring third persons from dealing or associating with the person. Kelley v. Tanoos, 865 N.E.2d 593 (Ind.2007) (declining to abolish the presumption of damages in action for defamation per se and instead resolving the issue under the qualified privilege doctrine). Whether a communication is defamatory is a question of law for the court, unless the communication is susceptible to either a defamatory or non-defamatory interpretation-in which case the matter may be submitted to the jury. Id.

A defamatory communication is said to either be "defamatory per se" or "defamatory per quod." Id. "A communication is defamatory per se if it imputes: (1) criminal conduct; (2) a loathsome disease; (3) misconduct in a person's trade, profession, office, or occupation; or (4) sexual misconduct." Id. To maintain an action for defamation per se the plaintiff must demonstrate (1) a communication with defamatory imputation; (2) malice; (3) publication; and (4) damages. Schrader v. Eli Lilly and Co., 639 N.E.2d 258, 261 (Ind.1994). "Actions for per se and per quod defamation are susceptible to different requirements with regard to the showing of damages." Kelley, 865 N.E.2d at 597. In an action for per se the plaintiff is "entitled to presumed damages 'as a natural and probable consequence' of the per se defamation." Id. (quoting Rambo v. Cohen, 587 N.E.2d 140, 145 (Ind.Ct.App.1992)). In an action for defamation per quod, the plaintiff must demonstrate special damages. Id.

In Levee, a school principal contended that a teacher union representative's remarks, calling her a "liar" and stating that she "favored some staff," were defamatory[*658] per se. 729 N.E.2d at 220. Our Court of Appeals held that these remarks were not actionable per se because these words were not "so obviously and naturally harmful that proof of their injurious character can be dispensed with." Id. (quoting Moore v. Univ. of Notre Dame, 968 F.Supp. 1330, 1334 (N.D.Ind.1997)).

We find Levee instructive. Baker deposed Tyndall, to whom the Tremeo representative spoke. Asked what else the Tremeo representative said besides "inappropriate sales practices," Tyndall could not be more specific. (Appellants' App. at 76-80.) Here, Gibson's statement that Baker had engaged in "inappropriate" sales practices is far too vague to conclude that they were "so obviously and naturally harmful that proof of their injurious character can be dispensed with." Id. at 220. Indeed, it may be inferred from use of the word "inappropriate" that the sales practice did not amount to any misconduct.

We hold that this communication was not defamation per se and affirm the trial court's disposition on this issue.

Conclusion

We affirm the judgment of the trial court.

DICKSON, SULLIVAN, BOEHM, and RUCKER, JJ., concur.
1

. We summarily affirm the Court of Appeals disposition of the claims for slander about mental illness as slander per quod, blacklisting statute, and tortious interference with contract. Ind.App. Rule 58(A).