State file — Indiana

Severance in Indiana: the rules on your way out

Severance itself is almost never required by law — but the paper around your exit is. In Indiana, three state rules shape your negotiation: when your last paycheck must arrive, whether a non-compete can follow you to your next job, and what notice a layoff required. If you are 40 or older, the federal clocks (21 or 45 days, plus 7 days to change your mind after signing) apply on top of everything here.

Your thinking-it-over clock in Indiana

Federal rule only — no Indiana statute found giving a general state consideration/revocation period for severance or settlement agreements beyond the federal OWBPA (21/45 days to consider, 7 days to revoke, for releases of ADEA claims by workers 40+).

Run the deadline checker — it counts the federal clock and Indiana's clock together and gives you the dates.

Non-competes in Indiana: generally enforceable if reasonable

For a typical employee, non-competes are generally enforceable if reasonable and specific in time, geography, and scope and protective of a legitimate business interest; courts may blue-pencil. Major statutory carve-out is physicians only: non-competes with primary care physicians (family medicine, general pediatrics, internal medicine) entered on/after July 1, 2023 are prohibited, and any physician non-compete is unenforceable from July 1, 2023 if the employer terminates the physician without cause, the physician quits for cause, or the contract expired and was fulfilled; hospital-physician non-competes were further barred for agreements on/after July 1, 2025.

Why it matters at the exit table: a non-compete you sign on the way out can matter more than the severance check. If the clause would block your next job, narrowing it is one of the most common — and most granted — negotiation asks.

Your last paycheck in Indiana

When an employer separates an employee from the payroll, unpaid wages become due and payable at the regular payday for the pay period in which the separation occurred — i.e., the next regular payday. No faster deadline for fired vs. quit.

Unused vacation: No statutory payout mandate in the cited sections; accrued vacation is paid only as the employer's policy/agreement provides (Indiana treats promised vacation as wages under that policy).

Final pay is owed whether or not you sign anything. If the date passes without your money, your state labor agency takes these complaints — and many states add penalties for every day of delay.

Layoff notice in Indiana

Indiana has no state layoff-notice law of its own, so the federal WARN Act is the rule: employers with 100+ workers generally owe 60 days' notice of a plant closing or mass layoff (50+ jobs at one site).

Notice failures have their own remedies (back pay for each day of missed notice, in the federal law's case) — separate from the severance agreement, and worth a question if your layoff was large and sudden.

Sources:
Final pay: Ind. Code 22-2-9-2 (discharge/separation); Ind. Code 22-2-5-1 (voluntary leaving)
Layoff notice: None found
Non-compete: Ind. Code 25-22.5-5.5-2 and 25-22.5-5.5-2.5 (physicians only); common law for other employees
Agreement clock: None found (federal: 29 U.S.C. 626(f))
Being double-checked Final pay, Layoff notice, Non-compete, Agreement clock — researched from secondary sources and being re-verified against the official text. The official source linked is the authority.

Before you sign, run the whole paper

Included in the $49 SeveranceDecoded Kit

  • The clause-by-clause decoder — every clause in plain words: what it means, what to look for, the exact questions to raise
  • The paperwork audit (the legal checklist) — every item the law names for workers 40+, checked against your documents
  • The group layoff list audit (Exhibit A) — titles and ages of who was picked and who was not, checked line by line. No other tool does this
  • The negotiation playbook — what companies actually move on (money, dates, stock deadlines, the non-compete, your reference) and the words that move them
  • Ready-to-send scripts: asking for more time, asking for changes, and the change-your-mind letter (revocation)
  • The red-flag page — the short list of facts that mean a lawyer's paid hour is worth it, and how to find one who does this daily
Get the SeveranceDecoded Kit — $49

One payment. Yours to keep. Works for any severance agreement, any state.

Back to severance laws by state · the deadline checker