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Indiana Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Indiana on
Q: Does an older version of a non-compete still apply if a newer version was offered but I didn't sign?

Signed a non-compete in the fall. When a newer version was rolled out recently, I refused to sign and had to resign. Am I still bound by the non-compete I signed in the fall or is it voided by the new version?

0 Answers | Asked in Employment Law for Indiana on
Q: I received 200 hours of education in exchange for 1 year of employment after 8 months I don’t want to work there.

The would be cost of the 200 hrs. is $11.50 per hour for a total of $2300. I hate it there but, if I quit after 8 months do I have to pay it back?

1 Answer | Asked in Employment Law for Indiana on
Q: Terminated from job; no cause. Now cease and desist letter from employer saying no contact - legal?

I was Activities Director at an assisted living facility. I was terminated last year for a reason that was never explained to me. I just received a certified letter from my former manager entitled: "NOTICE: CEASE AND DESIST PERSONAL CONTACT RESIDENTS". It says I'm to have no... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 23, 2018

This isn't legally binding. This is a notice that if you continue to see the residents at the property they may bring legal action against you. If they are serious about this it is likely that there is a clause in your contract that bars you from continuing contact with the families or... View More

0 Answers | Asked in Employment Law for Indiana on
Q: In the state of Indiana, is it legal to terminate an employee and then not inform them of their termination?

I have not been scheduled in a month for this job, and I am unable to log into my work account (says I am not authorized anymore) yet I have received no formal or informal termination notice via personal confrontation, letter, email, or phone call, despite my being constantly available for all of... View More

0 Answers | Asked in Employment Law for Indiana on
Q: Should I wait until internal investigation is completed before filing a complaint with the EEOC?

I filed a harassment complaint at work and was put on leave pending investigation. <---- This is an issue all in itself. This has been going on for almost a month now and have heard nothing. I have even contacted HR to see where in the process of the investigation they were at and was met with... View More

0 Answers | Asked in Employment Law for Indiana on
Q: Can I be put on paid leave for not answering questions in regards to my performance?

After filing a harassment complaint with my employer I was put on paid leave pending investigation. They stated I was put on leave because " I did not answer questions in regards to my performance" of which no questions were ever asked because I wanted to record the conversation and they... View More

0 Answers | Asked in Employment Law for Indiana on
Q: My company pays me piecce rate and salary both. Can they take my promised salary away at any time?

When we have no work they just started taking our salary rate away for that day. They also do not keep track of our hours for piece rate tkk make sure we are being paid fairly and compensated for overtime.

0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Indiana on
Q: Injured at work reported to supervisor but he did not report it to corporate and they’re denying me medical treatment

I’ve been out of work for almost a year now that this has been going on and it seems like the lawyer I have now has been want me to settle from the start with the first offer doctor I went to that I paid for out of my own pocket stated his opinion is that my injuries are work related and he... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Indiana on
Q: I sustained a fall at work. Workmans Comp is doing what it should, but employer is demanding payment from me for my ins

that I pay weekly. Do I pay or are they suppose to while I'm injured?

Chase T Wilson
Chase T Wilson
answered on Feb 16, 2018

Worker's comp usually takes care of such things. I've never heard of an employer demanding you pay your work comp insurance while you're off work for a work related injury. Google worker's compensation attorneys in Indiana and give one a call. They'll know better than I do.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Indiana on
Q: If I have an expunged misdemeanor, do I need to say yes for the question, "have you been convicted of a misdemeanor" ?

I am applying for my teacher's license in the state of Indiana. About a year ago, I committed a misdemeanor for minor theft. I have expunged it by a lawyer and served community service time at the Salvation Army. I am now applying for my teacher's license. It asks me if I have ever been... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jan 8, 2018

If the case is truly expunged and no just dismissed then you do not need to tell anyone about your case with limited exceptions. You may want to check mycase.in.gov to confirm your case has truly been expunged.

0 Answers | Asked in Employment Law for Indiana on
Q: If the cameras don't work can they legally take my paycheck.

Friday at work a $600 deposit came up missing. Earlier that day I did have it in my hands to take to the bank. We had a separate incident that kept me in the store so I set it on top of the safe expecting to leave for the bank after handing a customer. I'm the Assistant Manager and I also had... View More

0 Answers | Asked in Employment Law, Federal Crimes, Identity Theft and White Collar Crime for Indiana on
Q: My hiring manager forged my application and background check after I submitted it. They signed my signature.

I found out because she had all my private file accessible on a Work computer. Both pieces of information have been rewritten completely with false contact information. I didn’t give her authorization. It is a California based retail company and an at will company. I printed the paperwork and now... View More

0 Answers | Asked in Employment Law and Domestic Violence for Indiana on
Q: Can my friend get in trouble for working if his ex gets a restraining order against him, and visits our business?

As far as I know, nothing has been filed yet. There hasn't been any violence or cause for fear against her, but he keeps trying to talk to her to figure out what happened. She has told him she is getting an order against him. The only thing I'm worried about is the possibility of him... View More

0 Answers | Asked in Employment Law and Sexual Harassment for Indiana on
Q: Do I have a case if I was sexually harassed at work and being told I had to go to work with the man responsible?

I filed a complaint and was brushed off several times. Finally an internal investigation was launched but I'm still being made to work with this man

1 Answer | Asked in Employment Law for Indiana on
Q: Reguarly about 45 mins late to job bc of another job. Talked to manager and relevant employees, assured it was ok. Not

One of the employees I spoke with has now left. Her replacement is not ok with my being late on 2 evenings I work. She's demanding I be on time or give up other job, but I need the money. Again, this subject was talked about w manager and other employees and approved before this woman started... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 15, 2017

Unfortunately, you are most likely an at-will employee. You can be fired at anytime for almost any reason. Your employer could fire you for not liking the way you dress or for not meshing well with the other employees on a personal level. In this case, being 45 minutes late is a perfectly valid... View More

1 Answer | Asked in Employment Law for Indiana on
Q: no compete agreement states i cannot work for another similar company within 3 years and 100 miles. is this enforceable?

It also states on the contract that the no compete will not apply if i "properly" terminate my own employment for cause.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 9, 2017

In Indiana, limiting covenants like this are generally frowned upon but may still be upheld by the courts if limited in scope (like in geographical proximity) and the limitation is related to your employment (like working for another company in your area of work).

Without seeing the actual...
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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 Workers' Compensation for Indiana on
Q: I lost my index and middle finger due to machine malfunction and my employer has already admitted fault

Do I need a lawyer and about how much compensation am I looking at?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 1, 2017

Yes, you should get an attorney immediately, preferably one familiar with personal injury in workplace settings. An attorney may be able to help negotiate you a better settlement than on your own. Only the attorney that you sit down with and receives all the facts can give you an accurate estimate... View More

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