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13 Indiana opinions name it 1 courts 1989–2019 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McGarrity v. Berlin Metals, Inc.green2 sentences2019See, e.g., McGarrity v. Berlin Metals, 774 N.E.2d 71 (Ind. Ct. App. 2002) (holding retaliatory discharge claim could stand where employee alleged he was fired for refusing to file a fraudulent tax return), trans. denied; Call v. Scott Brass, Inc., 553 N.E.2d 1225 (Ind. Ct. App. 1990) (holding that employee could bring a retaliatory discharge claim where she claimed her former employer dismissed her because she complied with a summons for jury duty), trans. denied. 2006See, eg., McGarrity v. Berlin Metals, Inc., 774 N.E.2d 71 , 79 *194 (Ind.Ct.App.2002) (discussing a retaliatory discharge claim for refusal to incur personal Hability for felony fraud, filing a fraudulent tax return, failing a corporate responsibility, or a conspiracy to commit any of the former crimes), trans. denied; Markley Enter., Inc. v. Grover, 716 N.E.2d 559, 566 (Ind.Ct.App.1999) (discussing a retaliatory discharge claim where the employee was terminated after filing a worker's compensation claim). | 2 | 2 |
Lawson v. Haven Hubbard Homes, Inc.green2 sentences2019See, e.g., Lawson v. Haven Hubbard Homes, Inc., 551 N.E.2d 855 (Ind. Ct. App. 1990) (holding that employee did not have a retaliatory discharge claim against former employer where employee alleged she was fired for filing a claim for unemployment compensation); Campbell v. Eli Lilly & Co., 413 N.E.2d 1054 (Ind. Ct. App. 1980) (holding no claim for retaliatory discharge where employment terminated for complaining about employer’s products and alleging improper activities by supervisors), trans. denied. 2006Id. at 860 . | 1 | 2 |
Purdy v. Wright Tree Service, Inc.green2 sentences2016Compare Purdy, 835 N.E.2d at 212 (affirming summary judgment for employer and concluding that employee failed to establish genuine issue of material fact that employer’s stated reason for discharge, employee’s medical inability to return to work, was a pretext), with Dale v. J.G. 2007Purdy, 835 N.E.2d at 213 . | 1 | 2 |
Cripe, Inc. v. Clarkgreen2 sentences2008On the other hand, less than a year- earlier, in Cripe, 834 N.E.2d at 735 , this court expressed concern that “were we to apply the doctrine of constructive discharge to demonstrate a retaliatory discharge, we would be overly extending that which was intended by the narrowly-defined exceptions [to the employment at will doctrine].” While acknowledging that exceptions to the employment at will doctrine are to be narrowly construed, see, e.g., McClanahan, 517 N.E.2d at 393 , today we adopt the approach of the Tony court and endorse the application of the constructive discharge doctrine in this c 2008On the other hand, less than a year earlier, in Cripe, 834 N.E.2d at 735 , this court expressed concern that "were we to apply the doctrine of constructive discharge to demonstrate a retaliatory discharge, we would be overly extending that which was intended by the narrowly-defined exceptions [to the employment at will doctrine]." While acknowledging that exceptions to the employment at will doctrine are to be narrowly construed, see, e.g., McClanahan, 517 N.E.2d at 393 , today we adopt the approach of the Tony court and endorse the application of the constructive discharge doctrine in this co | 1 | 2 |
Frampton v. Central Indiana Gas Companygreen2 sentences2006Meyers concludes that because he has a statutory right to overtime wages, and because he was terminated for exercising that right, he is entitled to bring a retaliatory discharge claim under the public policy exception to the employment-at-will doctrine established by our supreme court in Frampton v. Central Indiana Gas Co., 260 Ind. 249 , 297 N.E.2d 425 (1973). 2006Meyers concludes that because he has a statutory right to overtime wages, and because he was terminated for exercising that right, he is entitled to bring a retaliatory discharge claim under the public policy exception to the employment-at-will doctrine established by our supreme court in Frampton v. Central Indiana Gas Co., 260 Ind. 249 , 297 N.E.2d 425 (1973). | 1 | 2 |
Remington Freight Lines, Inc. v. Larkeygreen1 sentence2009We acknowledge a line of cases following Remington Freight Lines, Inc. v. Larkey, 644 N.E.2d 931, 941 (Ind.Ct.App.1994), which held in the context of a retaliatory discharge claim: "The traditional damage measures in tort causes of action are designed to compensate the injured person for the damage sustained by him due to the tort-feasor's actions, and to place the plaintiff in the same financial position in which he would have been had the tort not occurred." (citing 22 Am.Jur.2d, Damages § 26 (1988) (see now 22 AmJur20, Damages § 27)). | 1 | 1 |
Anderson v. Andersongreen1 sentence2006See, eg., Hamlin v. Sourwine, 666 N.E.2d 404, 408 (Ind.Ct.App.1996) ("[Aln amended pleading replaces the original pleading for all purposes.") (quoting Anderson v. Anderson, 399 N.E.2d 391 , 406 n. 30 (Ind.Ct.App.1979)). | 1 | 1 |
Hamlin v. Sourwinegreen1 sentence2006See, eg., Hamlin v. Sourwine, 666 N.E.2d 404, 408 (Ind.Ct.App.1996) ("[Aln amended pleading replaces the original pleading for all purposes.") (quoting Anderson v. Anderson, 399 N.E.2d 391 , 406 n. 30 (Ind.Ct.App.1979)). | 1 | 1 |
Markley Enterprises, Inc. v. Grovergreen1 sentence2006See, eg., McGarrity v. Berlin Metals, Inc., 774 N.E.2d 71 , 79 *194 (Ind.Ct.App.2002) (discussing a retaliatory discharge claim for refusal to incur personal Hability for felony fraud, filing a fraudulent tax return, failing a corporate responsibility, or a conspiracy to commit any of the former crimes), trans. denied; Markley Enter., Inc. v. Grover, 716 N.E.2d 559, 566 (Ind.Ct.App.1999) (discussing a retaliatory discharge claim where the employee was terminated after filing a worker's compensation claim). | 1 | 1 |
Reihmann v. Foerstnergreen2 sentences2005See id. at 466; Balmer v. Hawkeye Steel, 604 N.W.2d 639, 642 (Iowa 2000) (citing Reihmann v. Foerstner, 375 N.W.2d 677, 683-84 (Iowa 1985)); Collier v. Insignia Fin. 2005See id. at 466; Balmer v. Hawkeye Steel, 604 N.W.2d 639, 642 (Iowa 2000) (citing Reihmann v. Foerstner, 375 N.W.2d 677, 683-84 (Iowa 1985)); Collier v. Insignia Fin. | 1 | 1 |
Balmer v. Hawkeye Steelgreen2 sentences2005See id. at 466; Balmer v. Hawkeye Steel, 604 N.W.2d 639, 642 (Iowa 2000) (citing Reihmann v. Foerstner, 375 N.W.2d 677, 683-84 (Iowa 1985)); Collier v. Insignia Fin. 2005See id. at 466; Balmer v. Hawkeye Steel, 604 N.W.2d 639, 642 (Iowa 2000) (citing Reihmann v. Foerstner, 375 N.W.2d 677, 683-84 (Iowa 1985)); Collier v. Insignia Fin. | 1 | 1 |
Strozinsky v. School District of Brown Deergreen2 sentences2005See id. at 466; Balmer v. Hawkeye Steel, 604 N.W.2d 639, 642 (Iowa 2000) (citing Reihmann v. Foerstner, 375 N.W.2d 677, 683-84 (Iowa 1985)); Collier v. Insignia Fin. 2005See id. at 466; Balmer v. Hawkeye Steel, 604 N.W.2d 639, 642 (Iowa 2000) (citing Reihmann v. Foerstner, 375 N.W.2d 677, 683-84 (Iowa 1985)); Collier v. Insignia Fin. | 1 | 1 |
Lingle v. Norge Division of Magic Chef, Inc.green2 sentences1995See also Lingle v. Norge Div. of Magic Chef (1988), 486 U.S. 399, 403 , 108 S.Ct. 1877, 1880 , 100 LEd.2d 410. 2 . 1995See also Lingle v. Norge Div. of Magic Chef (1988), 486 U.S. 399, 403 , 108 S.Ct. 1877, 1880 , 100 LEd.2d 410. 2 . | 1 | 1 |
Morgan Drive Away, Inc. v. Brantgreen1 sentence1989See Morgan Drive Away, Inc. v. Brant (1986), Ind., 489 N.E.2d 933 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stivers v. Stevens
green
2 sentences2006Id. 1999We again considered a retaliatory discharge claim in Stivers v. Stevens (1991) Ind.App., 581 N.E.2d 1253 (Barteau, J., dissenting), as clarified on denial of reh’g, trans. denied. | 2 | 1999–2006 |
Call v. Scott Brass, Inc.
green
1 sentence2019See, e.g., McGarrity v. Berlin Metals, 774 N.E.2d 71 (Ind. Ct. App. 2002) (holding retaliatory discharge claim could stand where employee alleged he was fired for refusing to file a fraudulent tax return), trans. denied; Call v. Scott Brass, Inc., 553 N.E.2d 1225 (Ind. Ct. App. 1990) (holding that employee could bring a retaliatory discharge claim where she claimed her former employer dismissed her because she complied with a summons for jury duty), trans. denied. | 1 | 2019–2019 |
Campbell v. Eli Lilly & Co.
green
1 sentence2019See, e.g., Lawson v. Haven Hubbard Homes, Inc., 551 N.E.2d 855 (Ind. Ct. App. 1990) (holding that employee did not have a retaliatory discharge claim against former employer where employee alleged she was fired for filing a claim for unemployment compensation); Campbell v. Eli Lilly & Co., 413 N.E.2d 1054 (Ind. Ct. App. 1980) (holding no claim for retaliatory discharge where employment terminated for complaining about employer’s products and alleging improper activities by supervisors), trans. denied. | 1 | 2019–2019 |
Powdertech, Inc. v. Joganic
green
1 sentence2012Id. | 1 | 2012–2012 |
McClanahan v. Remington Freight Lines, Inc.
green
2 sentences2008On the other hand, less than a year- earlier, in Cripe, 834 N.E.2d at 735 , this court expressed concern that “were we to apply the doctrine of constructive discharge to demonstrate a retaliatory discharge, we would be overly extending that which was intended by the narrowly-defined exceptions [to the employment at will doctrine].” While acknowledging that exceptions to the employment at will doctrine are to be narrowly construed, see, e.g., McClanahan, 517 N.E.2d at 393 , today we adopt the approach of the Tony court and endorse the application of the constructive discharge doctrine in this c 2008On the other hand, less than a year earlier, in Cripe, 834 N.E.2d at 735 , this court expressed concern that "were we to apply the doctrine of constructive discharge to demonstrate a retaliatory discharge, we would be overly extending that which was intended by the narrowly-defined exceptions [to the employment at will doctrine]." While acknowledging that exceptions to the employment at will doctrine are to be narrowly construed, see, e.g., McClanahan, 517 N.E.2d at 393 , today we adopt the approach of the Tony court and endorse the application of the constructive discharge doctrine in this co | 1 | 2008–2008 |
Tony v. Elkhart County
green
2 sentences2008In Tony, 851 N.E.2d at 1039 , this court endorsed the use of the constructive discharge doctrine in the context of a retaliatory discharge claim. 2008In Tony, 851 N.E.2d at 1039 , this court endorsed the use of the constructive discharge doctrine in the context of a retaliatory discharge claim. | 1 | 2008–2008 |
Austin Lakes Joint Venture v. Avon Utilities, Inc.
green
2 sentences2006While the trial court may not have had subject matter jurisdiction over the discrimination claims, it was "not ousted of subject matter jurisdiction" over the retaliatory discharge claim. 4 Austin Lakes, 648 N.E.2d at 646 . 2006While the trial court may not have had subject matter jurisdiction over the discrimination claims, it was "not ousted of subject matter jurisdiction" over the retaliatory discharge claim. 4 Austin Lakes, 648 N.E.2d at 646 . | 1 | 2006–2006 |
Peru Daily Tribune v. Shuler
green
1 sentence1999This court in Peru Daily Tribune v. Shuler (1989) Ind.App., 544 N.E.2d 560 , 563-64 determined that substantial evidence supported the employee’s claim for retaliatory discharge where the employee injured her knee on the job, filed a claim for worker’s compensation benefits, scheduled the necessary surgery, told her employer that she would be off work for surgery, and was then discharged with no cause given and *426 with no records having been produced indicating that her work performance had been substandard. | 1 | 1999–1999 |
Pepkowski v. Life of Indiana Insurance Co.
green
1 sentence1999Co. (1989) Ind., 535 N.E.2d 1164, 1167-68 , the Indiana Supreme Court determined that a grant of summary judgment which dismissed the employee’s retaliatory discharge claim was improper where the employee was terminated six months after filing a claim for worker’s compensation benefits and conflicting evidence existed as to the reason for her discharge. | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.