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Court upholds judgment in favor of Cedar Lake

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A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.

The Indiana Court of Appeals affirmed the judgment entered by the trial court for the town of Cedar Lake and town council. In his  complaint, Wynkoop asked the court to find the disciplinary procedure instituted against him for violating town code of conduct and the town’s policy and procedure manual violated his due process rights under the personnel policy.

He relied on language in the procedure manual to support his claim, but that manual continually said it is not a contract of employment and contained an at-will employment provision. The manual also outlined progressive disciplinary policies and an employee appeal provision.

After a hearing, the town administrator sent a letter informing Wynkoop he would be suspended and his position demoted; he refused to acknowledge the letter and was eventually fired.

In Doug Wynkoop v. The Town of Cedar Lake, Indiana, and the Town Council of the Town of Cedar Lake, Indiana, 45A05-1111-PL-602, Judges L. Mark Bailey and Paul Mathias ruled that under Indiana law, Wynkoop didn’t have a cognizable property right in his position and was an employee-at-will, regardless of any language in the manual.

Chief Judge Margret Robb concurred in result.

“In an at-will state such as Indiana, an employer is not obligated to furnish to its employees a statement of its employment policies,” she wrote. “Having made statements in writing about the terms and conditions of employment, however, it is fundamentally unfair to allow an employer to essentially declare those statements illusory and raise the ‘employment at will’ doctrine as a shield when it is called to task by an employee who can demonstrate detrimental reliance on the employer’s failure to abide by those terms and conditions.”

But, Wynkoop didn’t demonstrate detrimental reliance on the provisions of the manual, so she agreed that the trial court decision should be affirmed.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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