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Indiana Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I work at a school and did not get a raise the last two years while every other employee did. Is this legal?

I am a daycare director, I have many years of experience and was hired at $16/hour. For two years in a row now every single hourly employee (and salary) including my own assistants have received a raise and been added to the schools pipeline EXCEPT for my position. Not only is it not recognized by... View More

1 Answer | Asked in Employment Law, Antitrust, Civil Rights and Libel & Slander for Indiana on
Q: Is the noncompete agreement I signed enforceable?

I was employed as a music instructor. The company I was working for required me to sign a NCA upon accepting the job offer in 2015. I was terminated Aug. 2023. The owners cited restructuring. I later found they were alleging misconduct. The Department of Workforce Development determined there was... View More

James L. Arrasmith
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answered on Jun 3, 2024

The enforceability of a noncompete agreement can depend on several factors, including state laws and the specific circumstances of your case. Given your situation, there are a few key points to consider. First, the fact that the Department of Workforce Development found insufficient evidence for... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: in an incident at work where derogatory, degrading, racist, micro-aggressions, and harassment took place. Case? Yes or N

My manager made the comment referring to my race, my height in front of the team, in an offensive, hurtful, degrading, humiliating fashion and because of it being escalated to HR, he was "suspended" pending an investigation and now has been removed from the company, had previous write ups... View More

John Michael Frick
John Michael Frick
answered on May 7, 2024

No. It does not appear that your employer took any adverse employment action against you.

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 Contracts, Employment Law and Tax Law for Indiana on
Q: when bringing on a new hire is ADHD a disabled status?

Part of the pre application questionnaire, does the hire fall under disabled

T. Augustus Claus
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answered on Nov 2, 2023

Yes, ADHD is a disability under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental impairment substantially limiting one or more major life activities.

If the hire indicates that they have a disability, you are then required to provide reasonable...
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1 Answer | Asked in Employment Law for Indiana on
Q: Can i really be fired for taking maternity leave? Cause HR says I need to resign.

Hey, I live in the state of Indiana, I was just called out of the blue by my HR and was told my maternity leave may not be approved and when I give birth that I need to hand in my resignation, because the "won't have a spot for me when I come back"

T. Augustus Claus
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answered on Oct 11, 2023

In the U.S., the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for reasons including the birth of a child. If you qualify and take leave, your employer generally should reinstate you upon return. However, not all employees or... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Can a company offer you a severence package, only if you sign an agreement not to speak negatively about the company?

That just seems like extortion to me. Hush money in a way.

Charles Candiano
Charles Candiano
answered on Sep 30, 2023

Workers' Compensation is a specialized area of law that concerns work injuries. On your facts, the question that you ask is NOT related to an injury at work.

Absent any contractual obligation to pay you a severance, your employer has an absolute right to place conditions on any...
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1 Answer | Asked in Employment Law for Indiana on
Q: My boss threw a work party at a local bar and encouraged us to attend. One senior manager got drunk and shoved me

Is this workplace violence

T. Augustus Claus
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answered on Sep 1, 2023

The incident involving a senior manager getting drunk and physically shoving you at a work-related event can be concerning and may potentially be considered a workplace issue, particularly if it occurred in the context of a company-sanctioned event. To address this situation, it is advisable to... View More

1 Answer | Asked in Employment Law for Indiana on
Q: How come I don't get compensation for operating self checkout, bagging? Employee or contractor?

Want to file class action lawsuit against Walmart.

I run checkout machine and don't get compensation. I didn't get any training, safety or work instructions.

John Michael Frick
John Michael Frick
answered on Aug 28, 2023

Do you need any training, safety or work instructions to operate a self checkout and to bag your own groceries?

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 Law, Tax Law and Business Law for Indiana on
Q: Can volunteer bartenders working on behalf of a 501c3 accept tips from customers?

I work as a bar manager (as a paid employee) for a nonprofit 501c3 organization that hosts a theatre festival every summer. During the festival we have a handful of volunteer bartenders. We have run into an issue where the jars put out in the past have always been claimed by the organization as... View More

Matthew Morris
Matthew Morris
answered on Jul 3, 2023

You have an interesting question, and a full answer would require looking at individualized details of your organization and the people who are both working and volunteering for it. But here are some things that you might consider.

As you point out, the general rule is that tips left for an...
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1 Answer | Asked in Employment Law and Workers' Compensation for Indiana on
Q: I injured myself on the job and was put back to work in the same area, what type of lawyer would be best to consult with
Charles Candiano
Charles Candiano
answered on Jun 26, 2023

If your employer prepared a "first report of injury" form and has taken responsibility for your medical care, there is no need for you to immediately seek the assistance of an attorney. If your employer is not taking responsibility for your injury, you are not covered by any health... View More

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Criminal Law for Indiana on
Q: Employer wants me to secretly record customers in their homes for sales pitches in Indiana. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... View More

1 Answer | Asked in Civil Rights and Employment Law for Indiana on
Q: Can a restaurant make me cut my beard if I’m Muslim In Indiana
John Michael Frick
John Michael Frick
answered on May 16, 2023

Since wearing a beard is considered “sunnah” for Muslim men, and not obligatory, it may be difficult to compel an employer to allow you to wear a beard as a religious accommodation. Moreover, in the food service industry, it may impose an undue hardship on the employer given health... View More

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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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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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... View 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... View 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... View 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
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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... View 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.

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