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Indiana Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Indiana on
Q: I was terminated before I started a job

After selling or giving away much of our personal effects and furniture, accepting an offer on our home, I received a call late Friday that the hiring manager is no longer with the company and the job offer I had signed has been rescinded and terminated.

The feelings I have rushing through... View More

T. Augustus Claus
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answered on Nov 15, 2023

Many people have had their job offers rescinded, often for reasons beyond their control.

There are a few reasons why a company might rescind a job offer. One reason is that the company may have lost funding or had to make layoffs. Another reason is that the company may have found a more...
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1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: Can my boss make me use / take away my scheduled breaks to pump breastmilk?

Because of my schedule I pump at 8:30 , my 15 min break is at 9 which I am no longer allowed to take. My boss also said I have to pump during my lunch , my lunch is only 45 min long so by the time I'm done I will only have about 25 min left. Can my boss do this? Or am I allowed to say no to this.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 19, 2022

Generally, there are no laws that require employers to offer any certain length or amount of break time for employees. In your situation, if your employer offers scheduled break times, they may request that you pump during these break times. If this is not possible for you to do during your... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Insurance Bad Faith for Indiana on
Q: Do I have a case of bad faith due to non filling of injury. And lying about being terminated to avoid paying benefits

Yes I suffered 2 fractured bones in my elbow from a fall at work. It was a Sunday I forgot my keys so I text the production manager to ask if he could let me in. He responded on my way. I asked for 2 weeks straight for the insurance company's information no one in management nor the owner... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It sounds like your fall was in the course of employment. If that's the case, a workers' comp attorney could advise best. Some questions go unanswered on this forum, but you could try reposting and... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: Is this considered discrimination?

I was recently terminated from a job because of absences that exceeded their policy. However, when I got the job, I gave them documentation from my doctor proving that I have a disability and that my disability will cause more absences than the average healthy person due to medical complications or... View More

Grant E Helms
Grant E Helms
answered on May 16, 2022

Based on the information you provided, your employer probably did violate the ADA by terminating you in retaliation for requesting a reasonable accommodation of your disability or, alternatively, by discriminating against you on the basis of disability despite your use of the interactive process in... View More

1 Answer | Asked in Criminal Law and Employment Discrimination for Indiana on
Q: Can I sue for a job that I was only denied because a f6 charge that was dismissed?

I can't find work because employers pull up the charge on a background check even though it was dismissed. Even with dismissal, the charge still looks ugly to potential employers and now I'm suffering financially.

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 27, 2022

In Indiana an employer can choose to not hire or to fire for any reason as long as it is not for a constitutionally protected reason. Your situation does not fit a constitutionally protected class. However, if the case was dismissed you should consider an expungement. This will seal the case and... View More

Q: What is criteria to file a malpractice claim in the state of Indiana?

The doctor misdiagnosed my injury, delayed my treatment, and altered my restriction paperwork with my knowledge. Which I believe all of these act to be intentional base on audio recordings of our conversation ( the doctors contradictions on treatment) this was all due to my former employer who... View More

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2022

An Indiana attorney could advise best, but your question remains open for a week. Until you have a meaningful consult with an Indiana attorney based on state-specific elements of law, the criteria for med mal claims are fairly standard throughout the nation in the most general sense. The criteria... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I believe my participation in the Family Medical Leave Act has affected my job in the areas of wages &shifts. Options?
Carrie Dyer
Carrie Dyer
answered on Jan 11, 2022

You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: Was I wrongfully terminated?

I Informed HR that I was going to be needing to use some of my 12 weeks allowance of FMLA. I had seen a doctor the day I let HR know. The doctor just needed the forms from the HR department of work but she had given me a note excusing me starting on June 29th 2021. Then today on June 30th 2021 I... View More

Kyle Anderson
Kyle Anderson
answered on Jul 7, 2021

Hello, more information is needed here. It would be unlawful for the employer to consider your use of FMLA in a decision to terminate you. I would reach out to an employment law attorney to schedule a consultation.

1 Answer | Asked in Personal Injury, Business Formation and Employment Discrimination for Indiana on
Q: I need help with a job related incident
Tim Akpinar
Tim Akpinar
answered on Dec 11, 2020

An Indiana attorney could advise best, but your question remains open for a week. If the incident involved an injury sustained in the course of employment (you included personal injury in your categories), you could reach out to a workers' compensation attorney. Many offer free initial... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: I applied for a different employer, same line of work. The competitor company, wouldn't even give me an interview

I applied at a competing catering company. I called consistantly, got an answer and was just unlucky because the hiring manager wasn't in that day, or so I thought. I ended up finally reaching them just one day before my application expired, and the manager told me that "they were... View More

Carrie Dyer
Carrie Dyer
answered on Aug 12, 2020

No, it is not unlawful discrimination to refuse to hire an employee because that employee worked for a competitor.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: My employer is threatening to withhold my entire final paycheck and charge me for theft for my work shirts and keycard

Is this legal? I've told them in writing once I recieve my final check (if the cost of the shirts and keycard is deducted okay) that i would return the shirts and keycard and shes threatening to charge me with theft over it . They also told me the reason I was not being trained on the floor... View More

Carrie Dyer
Carrie Dyer
answered on Jun 24, 2020

You should return the shirt and key card immediately. You should then contact an employment attorney to discuss the details of your employment situation and the circumstances under which your employment ended. More information about your situation is needed, but you may have a claim for gender... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I was recently terminated and went through a hearing for unemployment. The findings were that I was unfairly terminated.

I submitted a dispute but it has not been forwarded to the Corporate office to this date. I also requested a copy of my file and was informed that a subpoena would have to be submitted to obtain the requested information. What course of action do I need to do at this point? There are several... View More

Amber K. Boyd
Amber K. Boyd
answered on Jan 1, 2020

The first thing you need to do is contact an attorney to assist you in this matter. My phone number is 317-210-3416. Please give my office a call.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: How do I request that my former employer provide the emails I need for evidence from the account controlled by company?

I was terminated without expecting it and they shut down access to the email account immediately, In addition, the CEO did 'talks' online on YOUTUBE and the content is relevant to my claim of discrimination, the company has closed these and I cannot access the content, can I ask the... View More

Amber K. Boyd
Amber K. Boyd
answered on May 19, 2019

More than likely the only way to recover documents in this circumstance is to file a lawsuit and request the documents and videos through issuing Request for Production of Documents to the Defendant (company).

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I feel like I was discriminated against by a potential employer for being socially awkward. Do I have a case here?

I recently applied and interviewed for a job. I was told by the manager in a follow-up phone call that I was not hired because I was socially awkward. I asked the company's HR department if that was a legimitate reason not to hire some one. They told me that they would investigate, and later... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 3, 2017

You most likely do not have any sort of grounds for a civil suit. The only possible grounds that you might have is that you were discriminated against due to a disability, in this case that your diagnosed ADD is so severe that it constitutes a disability and has a major and severe impact on your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: If I've worked for same co. For 3 yrs and my sister works there also can they fire me now for that reason

They knew we wete related when they hired me

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 29, 2017

Indiana is an at will employment state. Barring federal or state laws, they can fire you for any reason at any time.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: is it legal for a company to pay two people with the same exact job to make as much as 11 dollars an hour more?

Our company combined with another two years ago to make one company with one pay scale for all jobs and they mix our people and there's in the same jobs and we are training them but they are making as much as 11 dollars an hour more and have been full time the exact same amount of time as me... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 14, 2017

Yes it is legal. Unless you have some sort of collective bargaining agreement that says otherwise, they can pay workers whatever they want above the mandatory minimums.

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Employment Discrimination for Indiana on
Q: my job makes me disrobe and pee in front of a stranger with no past drug use history for a random drug test

The drug testing varies by person to person some are made to just empty pockets and pull pants down to knees.Lately they have made everyone pull all their clothes down to their knees and have a stranger watch them pee the whole time. My first drug test the male HR rep was there to verify i... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Indiana is an employment at will state. While that employer conduct seems over the top, your recourse may be limited, unless those policies are being imposed in a discriminatory manner.

1 Answer | Asked in Employment Discrimination for Indiana on
Q: My boss wants all respiratory therapist to intubate. This was not in my job discription when I signed on. What can I do

I work at a small 99 bed hospital and my supervisior wants all RRT to do intubations. The standard she has set is 1 intubation a month. This standard requires me and most other to come in on our own time to meet this standard due to the lack of opportunity in the ER and the floors. We have... View More

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Employment discrimination is discrimination based on race, gender, color, national origin, religion or disability that causes an adverse employment action. It does not seem like this situation would fit into one of those categories. I would recommend contacting the hospitals HR and dealing with it... View More

1 Answer | Asked in Employment Discrimination for Indiana on
Q: Looking for cases about constructive discharge per religious reasons
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Need more information on the particulars of the case. It would be extremely difficult to prove constructive discharge because of religion. Discrimination based on religion which led to you feeling the need to quit, but then again I would need more information.

1 Answer | Asked in Employment Discrimination for Indiana on
Q: How long is the time frame to file a defemation of character?
Paul Overhauser
Paul Overhauser
answered on Dec 29, 2010

In Indiana, defamation is considered a personal injury, so it is subject to a two year statute of limitations. There can be some exceptions, such as if the defamed person is a minor.

Paul Overhauser

www.overhauser.com

317 891-1500

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