Topic may have been covered already. However, here is the situation.

Civil employee (non-merit) in Indiana. Termination initiated after vehicular criminal charges were levied for a non-work, off the clock accident. Case was very high profile in the local media. Employee asked to resign, but refused resignation. Employee advised of intent of administration to seek termination. Employee found guilty of violation of policies via an administrative review board. Corrective action recommened by review board...not termination. Administration recommended termination to Board of Works. Employee terminated via Board of Works session. Filed for appeal of Board of Works decision. Municipality then placed employee on administrative leave without pay, pending cessation of criminal proceedings due to right against self incrimination. Criminal proceedings ceceeded about 2years ago, no conviction. The administrative leave transcending two administrations. No move was made on the part of the administration to re-initiate the termination until about one year ago. Employee received a certified letter indicating termination would be reinitiated within 30 days, and employee would be contacted by the municipality for the meeting schedule. Nothing further was done until about a week ago. Employee has been informed that municipality is attempting to hand-deliver more termination papers (unfortunately not available to receive in person). Employee's position, although still on administrative leave, has recently been filled as confirmed via employee lists and approved budgeted employees. There has been similar performance issues by other employees (before and since original termination) that has been quietly swept under the carpet. The other employees not being disciplined equally.

Questions:

1) If a position has been eliminated, prior to termination proceedings and without notice, is there any recourse for the employee?

2) Are there any limitations as to how long an employee can be kept on unpaid administrative leave? Four years seems excessive. Any case law that points to excessive time?

3) Is there any benefit (with the exception of the public embarassment) of bringing up the other employees in comparision? None of the issues involve preference based on race, gender, or other civil rights protected laws. Equal discipline issues?

4) What defences does employer have in pushing off proceedings for such an extended period of time, when contact has been made via U.S. Mail every month in reference to the termination? Employer cannot deny knowledge of the employee on administrative leave and cessation of criminal proceedings as the employer is quoted in local papers reserving comment on the issue over two years ago.

Any other thoughts outside the framed questions are appreciated. Also any recommendations as to where to search for an appropriate attorney for service. Thank you for any insight.