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Indiana Employment Law Questions & Answers
1 Answer | Asked in Contracts, Civil Rights and Employment Law for Indiana on
Q: Can I reinstate EEO claim if federal settlement agreement was not honored and I didn't contact Resolutin Mgmt in 30 days
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 30, 2023

Under federal EEO laws, employees who believe they have been discriminated against in the workplace can file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue a legal claim. In some cases, these claims are settled through a federal settlement agreement.

If you...
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0 Answers | Asked in Employment Law and Employment Discrimination for Indiana on
Q: I was in a domestic violence situation with my son who broke my ribs and back, my employer was AMA and lied to fire me

Said I broke a hippa law and I hadn’t, they had been sending me to places with bed bound people I had to lift with a 10 lb weight limit, from my doctor. Saying they hate doing it.

Q: I was beaten by my 19 year old son and he broke my ribs and my T9 vertebrae.10lb limit ignored repeatedly at job

I was fired due to calling a co worker and my clients overheard the other clients name and told my boss who had since been treating me with very few hours and separating clients time so as not to pay me travel time. I was let go because they had been looking for ways to rid themself of me. I worked... Read more »

0 Answers | Asked in Employment Law for Indiana on
Q: False-positives for covid-19 as it relates to termination of employment.

Accumulating attendance points for a false-positive

0 Answers | Asked in Employment Law for Indiana on
Q: Can an Illinois employer require me to give wage history as an Indiana resident?

I was recently offered a position through a staffing agency that is located in Illinois. They want my previous pay rates. It is my understanding that it is not legal for Illinois employers to require wage history as a condition of employment via Public Act 101-0177. However, does this not apply if... Read more »

0 Answers | Asked in Employment Law for Indiana on
Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this legal?

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... Read more »

0 Answers | Asked in Employment Law for Indiana on
Q: My former employer signed a written agreement not to continue giving me a bad reference.

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... Read more »

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

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... Read more »

1 Answer | Asked in Employment Law and Traffic Tickets for Indiana on
Q: I received a speeding ticket in a company vehicle. Whos responsible for payer the ticket? My employer or me?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jun 7, 2022

You would be responsible to pay the ticket since you were the one who committed the infraction. However, the company would have to send proof to the BMV on your behalf to show the vehicle was insured. If you pay the ticket, it will put points on your record and could cause your own insurance... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Indiana on
Q: I was assulted and injuried by my manager at work what can i do.
Jason Reese
Jason Reese
answered on May 23, 2022

You should consult an employment attorney right away regarding your rights under Indiana law. You may have claims against your employer and/or a worker's compensation claim for the injuries you sustained.

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... Read 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... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My boss is asking me to do things I'm not comfortable with.

I am an accountant for a small multi-state business. Recently my boss has asked to to start also doing his personal accounting while not being compensated for it. The other day he also had me come to his house to fix his computer and then had me change his bandage and dressing from a recent hurnea... Read more »

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

Although isolated incidents of an employer's request to perform extraneous tasks unrelated to your position probably do not rise to the level of sexual harassment or hostile work environment, but if the tasks develop into a pattern with obvious sexual overtones that make you uncomfortable, the... Read 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... Read 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... Read 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... Read more »

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1 Answer | Asked in Employment Law for Indiana on
Q: I submitted notice, my manager accepted my resignation said today is my last day, 6 hours later changed their mind…

During our conversation my manager said it is in the best interest of the business for today to be my last day however I’m still eligible for rehire because I attempted to give notice. They then directed me to clock out and await further instructions regarding my separation. About six hours... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 2, 2021

Assuming you're not subject to an employment contract with a separation term that says otherwise, you can quit at any time and for any reason, with or without notice. You cannot be compelled to work during the next two weeks - however, your employer is only obligated to pay you for the time... Read more »

1 Answer | Asked in Employment Law, Contracts and Workers' Compensation for Indiana on
Q: Can a place of employment make you sign another offer letter after they got the pay rate wrong on the first?

A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... Read more »

Charles Candiano
Charles Candiano
answered on Oct 7, 2021

This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: Is asking to only being required to work 8 hours a day 5 days a week and 40 hours a week undue hardhip on my employer

Is requesting accomodation to only be required to work no more than 5days a week 8 hours a day and 40 hours a week due to my mental health issue a undue hardship on my employer

Carrie Dyer
Carrie Dyer
answered on Sep 15, 2021

Whether your request is an undue burden depends on many things, including the size of your employer, your position and your job duties, and the need (if any) for you to work in excess of 40 hours per week. A request for an accommodation triggers the employer's duty to engage in an interactive... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My mom was fired today from her new job because of the CEOs personal prejudice against her fiancé. Should we fight it?

My mom got a new job and was fired today because she received flowers from her fiancé and his name was on them. He is a well known director for a local union and when the ceo saw them she fired her after she came back from lunch. She asked if she did anything wrong and the answer was no and that... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 4, 2021

Indiana is an at-will state. This means that an employer may generally terminate an employee at any time and for any reason or no reason. There are very limited exceptions to this general rule. The situation you are describing is certainly unfair, but it does not violate the law or give your mom a... Read more »

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