Wrongful Termination & SSDI Rights in Indiana

Wrongful Termination & SSDI Rights in Indiana

Losing your job is devastating under any circumstances, but when you are terminated because of a disability or while pursuing Social Security Disability Insurance (SSDI) benefits, the loss can feel particularly unjust — and it may well be illegal. Indiana workers with disabilities have meaningful legal protections under both federal and state law, and understanding those protections is the first step toward holding an employer accountable.

What Qualifies as Wrongful Termination in Indiana?

Indiana is an at-will employment state, meaning employers can generally terminate workers for any reason or no reason at all. However, that broad authority has important exceptions. A termination becomes wrongful when it violates a specific law, a written employment contract, or a clearly established public policy.

For workers with disabilities — including those applying for or receiving SSDI — the most significant legal protections come from:

• The Americans with Disabilities Act (ADA): Prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities, including firing them because of their disability.
• The Indiana Civil Rights Law (ICRL): Mirrors ADA protections at the state level and applies to employers with six or more employees — offering broader coverage than federal law.
• The Family and Medical Leave Act (FMLA): Protects eligible employees who take leave for serious health conditions, including many conditions that also form the basis of an SSDI claim.
• SSDI Retaliation Protections: While the Social Security Act does not include an explicit anti-retaliation provision, terminating an employee specifically to interfere with their disability claim can give rise to related legal claims.

The Intersection of SSDI Claims and Wrongful Termination

Many Indiana workers find themselves in a difficult position: their medical condition has deteriorated to the point where they can no longer perform their job, so they file for SSDI benefits — and then their employer terminates them before they can transition out gracefully. In some cases, the termination is retaliatory. In others, the employer fails to engage in the interactive process required by the ADA before making a termination decision.

The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities unless doing so creates an undue hardship. A qualified individual is one who can perform the essential functions of the job with or without accommodation. If your employer fired you without first exploring whether an accommodation — such as modified duties, a leave of absence, or a schedule adjustment — could have allowed you to continue working, that failure may constitute a violation of the ADA.

It is worth noting that filing for SSDI does not automatically mean you cannot bring an ADA claim. The Social Security Administration evaluates whether you can perform substantial gainful activity in the national economy, while the ADA evaluates whether you can perform the essential functions of your specific job with reasonable accommodation. Courts have recognized that these are distinct legal questions, so pursuing SSDI benefits does not bar you from also asserting that your employer failed to accommodate your disability.

Common Scenarios Disability Attorneys See in Indiana

Wrongful termination cases involving disability and SSDI benefits take many forms. Among the most frequently encountered situations are:

• An employee discloses a serious medical condition, requests FMLA leave, and is terminated shortly after returning — despite receiving a medical clearance.
• An employer discovers that a worker has applied for SSDI and uses a pretextual reason to terminate them, fearing increased insurance costs or reduced productivity.
• A worker with a progressive condition such as multiple sclerosis, lupus, or a back disorder asks for light-duty work and is told none is available, then is fired — even though the employer routinely accommodates other workers with temporary restrictions.
• An employee is placed on a performance improvement plan (PIP) immediately after disclosing a disability diagnosis, creating a paper trail designed to justify a termination that is actually discriminatory.

Timing matters significantly in these cases. When an employer takes adverse action shortly after learning of a disability or an SSDI filing, that proximity can serve as evidence of discriminatory intent.

Steps to Take After a Wrongful Termination in Indiana

If you believe you were unlawfully terminated due to your disability or SSDI status, acting promptly is critical. Evidence can disappear, witnesses move on, and legal deadlines are unforgiving.

• Document everything: Save all emails, performance reviews, text messages, and written communications related to your termination. Write down what was said verbally and when.
• Request your personnel file: Indiana law gives employees the right to inspect their personnel files. Review what your employer documented about your performance and any accommodation requests.
• File a charge with the EEOC or ICRC: Before bringing a lawsuit under the ADA, you must file a charge with the Equal Employment Opportunity Commission (EEOC) or the Indiana Civil Rights Commission (ICRC). You typically have 300 days from the discriminatory act to file. Missing this deadline permanently forfeits your federal claim.
• Continue your SSDI claim: A wrongful termination lawsuit and an SSDI claim can proceed simultaneously. Do not abandon your disability benefits application while pursuing employment litigation.
• Consult a disability and employment attorney: An attorney experienced in both wrongful termination and SSDI matters can help you see the full picture and pursue all available remedies at once.

What Compensation May Be Available

A successful wrongful termination claim in Indiana can result in several forms of relief. Under the ADA and Indiana Civil Rights Law, a prevailing employee may recover:

• Back pay — wages and benefits lost from the date of termination to the resolution of the case
• Front pay — future lost earnings if reinstatement is not feasible
• Compensatory damages for emotional distress and harm to reputation
• Punitive damages in cases of egregious employer misconduct (capped under federal law based on employer size)
• Attorney's fees and litigation costs

Reinstatement to your former position is also a possible remedy, though many employees prefer financial compensation given the circumstances of their termination. Each case is different, and the value of a claim depends on the strength of the evidence, the size of the employer, and the extent of your documented losses.

Indiana workers navigating both SSDI and employment discrimination claims face a complex legal landscape, but they do not have to navigate it alone. The right attorney will coordinate strategy across both matters — protecting your benefits claim while aggressively pursuing accountability from an employer who violated the law.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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