March 25, 2015

'At Will' Employment Law May Trump RFRA

Even if Gov. Pence signs the Religious Freedom Restoration Act, or RFRA, an Indianapolis employment lawyer says that doesn’t preclude employers in the state from taking action against employees who might try to invoke the new law.

John Haskin runs an employment law practice in Indianapolis and says even though the “at will” provision of state law says non-contract employees can be fired for any reason, using RFRA as a reason not to provide a service would give an employer plenty of cause to terminate a worker.

“It would be viewed as insubordination, which would make that employee potentially ineligible for unemployment compensation, because that employee is directly disobeying the employer’s directives,” Haskin said.

Haskin says if the governor signs the bill, he expects it to not only to be challenged in court, but eventually struck down. He also says he doesn’t expect many instances of a business trying to use the law.

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