Ind. Code » Title 22
Indiana Code

Ind. Code § 22-5-3-3 (2025)

Protection of employees reporting violations of federal, state, or local laws; disciplinary actions for furnishing false information; violations by employers

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. (a) An employee of a private employer that is under public contract may report in writing the existence of:

(1) a violation of a federal law or regulation;

(2) a violation of a state law or rule;

(3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or

(4) the misuse of public resources;

concerning the execution of public contract first to the private employer, unless the private employer is the person whom the employee believes is committing the violation or misuse of public resources. In that case, the employee may report the violation or misuse of public resources in writing to either the private employer or to any official or agency entitled to receive a report from the state ethics commission under IC 4-2-6-4(b)(2)(J) or IC 4-2-6-4(b)(2)(K). If a good faith effort is not made to correct the problem within a reasonable time, the employee may submit a written report of the incident to any person, agency, or organization.

     (b) For having made a report under subsection (a), an employee may not:

(1) be dismissed from employment;

(2) have salary increases or employment related benefits withheld;

(3) be transferred or reassigned;

(4) be denied a promotion that the employee otherwise would have received; or

(5) be demoted.

     (c) Notwithstanding subsections (a) through (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employer. However, any employee disciplined under this subsection is entitled to process an appeal of the disciplinary action as a civil action in a court of general jurisdiction.

     (d) An employer who violates this section commits a Class A infraction.

As added by P.L.32-1987, SEC.3. Amended by P.L.9-1990, SEC.14; P.L.149-2016, SEC.67.

 

IC 22-5-4Chapter 4. Off Duty Use of Tobacco by Employee

 

           22-5-4-1Condition of employment; discrimination
           22-5-4-2Enforcement; civil actions
           22-5-4-3Effect of chapter on other rights or remedies
           22-5-4-4Application of chapter

 

Notes of Decisions
Cited in 5 cases, 2006–2020 · leading case: Grady B. Jones v. Oakland City Univ. Founded by Gen. Baptists, Inc., 122 N.E.3d 911 (Ind. Ct. App. 2019).
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Grady B. Jones v. Oakland City Univ. Founded by Gen. Baptists, Inc., 122 N.E.3d 911 (Ind. Ct. App. 2019). · cites it 8× “On or about August 27, 2017, in their respective capacities as VPA and VPAF, and at the direction of Blackburn, Jones and Lockwood advised members of the OCU Board of Trustees of observations, findings[,] and evidence of [the] following matters which fall within their duties and…”
Kodrea v. City of Kokomo, Ind., 458 F. Supp. 2d 857 (S.D. Ind. 2006). · cites it 7× “This conclusion is strengthened by a comparison of this statute with Indiana Code § 22-5-3-3, a “companion” statute passed in the same piece of legislation.”
Ron Shoemaker v. Indiana State Police Dep't, 62 N.E.3d 1242 (Ind. Ct. App. 2016). · cites it 4× “There are two other comparable whistle-blower statutes—Ind. Code § 22-5-3-3 and Ind.Code- § 36-1-8-8, applicable tb employees whose private employer is under public contract and employees of a political subdivision, respectively.”
Dr. William P. Harman v. Univ. of Tennessee, 353 S.W.3d 734 (Tenn. 2011). “3187 (3)(c) (2008)); Indiana ( Ind. Code § 22-5-3-3 (b)(5) (2010)); Iowa (Iowa Code Ann.”
Timothy J. Brown v. Indiana Dep't of Env't Mgmt., 149 N.E.3d 658 (Ind. Ct. App. 2020). · cites it 6× “The Court of Appeals interpreted the phrase, “misuse of public resources” under a similarly worded whistleblower statute, Indiana Code § 22-5-3-3, which is directed to state contractors.”
Ind. Code § 22-5-3-3(c): 2 cases
Ron Shoemaker v. Indiana State Police Dep't, 62 N.E.3d 1242 (Ind. Ct. App. 2016). “There are two other comparable whistle-blower statutes—Ind. Code § 22-5-3-3 and Ind.Code- § 36-1-8-8, applicable tb employees whose private employer is under public contract and employees of a political subdivision, respectively.”
Kodrea v. City of Kokomo, Ind., 458 F. Supp. 2d 857 (S.D. Ind. 2006). “This conclusion is strengthened by a comparison of this statute with Indiana Code § 22-5-3-3, a “companion” statute passed in the same piece of legislation.”
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