Legal Question in Employment Law in Indiana

I was fired for having an argument with a fellow employee. She started the argument, and refused to do something our boss told us to do. It became heated and I got louder and stated I did not give a shit what she thought, and left our office. A week later our boss called us in her office and we each explained our sides. She said no one was going to get in trouble but we were both at fault because she refused and I got too emotional. The day after our discussion with our boss I walked into work and received a letter stating "as of today you are terminated" and that was it. Now my previous employer is trying to deny my unemployment benefits! Stating it was for just cause. Even though the girl I got into a fight with, the one who started the argument, is still there!


Asked on 2/07/11, 11:02 am

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Whether or not you were discharged for "just cause" depends on whether or not you were fired for: 1) violating a policy; that was, 2) in writing; 3) communicated to you; 4) reasonable; and 5) uniformly enforced. Because the other fight participant is still employed, you might be able to show that the policy is not uniformly enforced. Also, if the difference in treatment is due to your membership in some protected class, you may have a discrimination claim. Feel free to contact me at 317-634-2200 if you have any additional questions.

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Answered on 2/14/11, 12:50 pm


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