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BAKER v. TREMCO INC.

No. 29S02-0902-CV-00065.

917 N.E.2d 650 (2009)

Brennen BAKER, Appellant (Plaintiff/Counterclaim Defendant below), and Moisture Management, Appellant (Third-Party Defendant below), v. TREMCO INCORPORATED, Appellee (Defendant/Counterclaim Plaintiff/Third-Party Plaintiff Below), and Rick Gibson, Appellee (Defendant/Counterclaim Plaintiff/Third-Party Plaintiff Below).

Supreme Court of Indiana.

December 1, 2009.

Attorney(s) appearing for the Case

Andrew W. Hull, Daniel K. Burke, Indianapolis, IN, Attorneys for Appellants.

Mark J.R. Merkle, Anthony W. Mommer, Indianapolis, IN, Attorneys for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 29A02-0711-CV-1001

SHEPARD, Chief Justice.

Appellant Brennan Baker contends that constructive discharge falls within the public policy exception to Indiana's doctrine of employment at will. We conclude that a claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by our decisions on retaliatory discharge. Baker's claim does not.

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