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COA upholds judgment in favor of employer in wrongful termination suit

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The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.

In Paul K. Ogden v. Stephen Robertson, et al., No. 49A05-1101-CT-45, Paul Ogden was hired in November 2006 as a division manger in the title division of IDOI. His job was classified as a grade executive broad band position. He worked under the supervision of chief deputy commissioner Carol Mihalik. Within months, Ogden verbalized frustrations to Commissioner James Atterholt regarding Mihalik’s supervision.

At one point, there was confusion over the preparation of insurance bulletins, and Ogden interpreted his conversation with Atterholt to mean that he was to work around Mihalik to develop the bulletins. Mihalik sent Ogden a “counseling letter” in September 2007, claiming he violated IDOI polices in drafting the bulletins and that she and Atterholt need to see bulletins before they are disseminated. The letter was not classified as a disciplinary measure.

Ogden also met with State Personnel Department employees to file a formal complaint against Mihalik alleging many violations, including personnel and legal ones. An investigation was opened. Ogden also sent a memorandum to Atterholt asking that the Title Insurance Division be removed from Mihalik’s unit so that it could operate under a different chief deputy and that the division be moved to a different floor.

As a result of the letter, Ogden was given two options by IDOI officials – resign or be terminated for being “out of line” requesting reorganization of the division. Ogden agreed to resign. He then filed the suit alleging violations of the First and 14th amendments, Article I, Section 9 of the Indiana Constitution, the Whistleblower Law, Indiana Code 4-15-10-5, and state due process. The trial court granted summary judgment to the IDOI defendants, finding that the Whistleblower Law provided no private cause of action for which Ogden could seek relief through a civil lawsuit, Ogden’s memorandum wasn’t protected speech under the state constitution, and that memorandum was not the motivating factor in his forced resignation.

The Indiana Court of Appeals upheld summary judgment, finding that the memorandum wasn’t protected speech under the Indiana Constitution; that Ogden wasn’t entitled to due process protections under Indiana personnel policy and Executive Order 05-14, which addresses when an employee may file a complaint regarding dismissal; and that the trial court did not have subject matter jurisdiction over his claim that he was wrongfully terminated.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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