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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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