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Indiana Employment Law Questions & Answers
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
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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... 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
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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 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 »

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 »

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 »

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... Read 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 Employment Law for Indiana on
Q: My son voluntarily is in rehab. His job empl. Under 50 ppl. He’s been at job 10 mo. What job protect act wld he fall un

Work for hefler for 5 yrs. PO and G ( pfiefer oil and gas ) bought out Hefler. Been with them 10 months. Doing same job total 6 yrs. PO and G denied fmla. Are there any Laws to protect his job since hes only been with PO and G 10 mo?

PO and G called Rehab Center and told them he would lose... Read more »

Carrie Dyer
Carrie Dyer
answered on Jul 7, 2021

In some situations, an unpaid medical leave of absence can be a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment law attorney in your area to discuss your son's options in more detail.

1 Answer | Asked in Employment Law for Indiana on
Q: I understand IN is an at-will employment state. Can an employer legally fire you to cover up a mistake made on their end

My spouse was an independent contractor for a RV transportation company. The opportunity came for my spouse to get involved in hotshot transportation. He brought the idea to the owner/manager of the company. The owner/manager agreed it was a good idea and approved my husband doing the work under... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 18, 2021

Unfortunately, there is nothing inherently unlawful about your spouse's termination, since employees can be terminated for any reason or for no reason at all in at-will states. However, the one exception to this rule is if your spouse believes they were targeted for termination due to a... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: If a seasonal employee is kept on working after the business season ends are they entitled to overtime

I was hired as a seasonal employee for an amusement park last June. The park closed for the season in October but I have continued to work 40+ hours a week through the winter and am now working 50 hours a week and they say because I’m seasonal I am not entitled to time and a half for my hours... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 21, 2021

Whether you're entitled to overtime will depend on whether the amusement park is open year-round, and/or when the amusement park makes most of its money. Employees do not need to be paid overtime if their employer is an amusement or recreational establishment, and if the employer can... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My job is being terminated on feb 16th. They are offering me a job over 4 dollars less an hour. What should I do.

This morning was called and told they were getting rid of our drivers at my store in Indiana. They told me I have to accept a new role making less money or I will have to quit.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 27, 2021

Unfortunately, your only options here are to either take the new job and pay cut or resign and look for other employment. At-will employees can be terminated from their position at any time and for any reason (as long as the reason isn't discriminatory), including a reduction-in-force as... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: I was employed for the company I work for now for 8 years I had fmla for some health issue one main being conversion

Disorder I came back about year ago same manager who knows about my health sent me home claiming I was intoxicated didn’t subject me to drug screening which they do random they just did one about two weeks ago and fired someone told me to leave even in their policy says u shouldn’t let them if... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

It sounds like you are being harassed for taking FMLA leave and for having a condition that MAY qualify you under the ADA for protections. I say MAY, because certain drug addictions are not covered under the ADA. You need to contact a local attorney that deals with Employment Discrimination and... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: Can an employer keep an employee in a job position when the employee desires to step down.
Carrie Dyer
Carrie Dyer
answered on Jan 20, 2021

Generally, yes. Indiana is an "at will" state. Unless you have a contract or a collective bargaining agreement stating otherwise, your employer can hire, fire, promote, demote, etc. at the employer's discretion for any reason, so long as it is not for an unlawful reason.

1 Answer | Asked in Employment Law for Indiana on
Q: Is my employer allowed to make me sign a paper allowing them to temporarily accept my doctors restrictions?

They want to talk to their lawyer and make a restrictions and fmla policy. They accepted the restrictions my doctor gave them with no issue and then two weeks later told me that they could only accept them for a month. The restrictions are for an ongoing foot issue that happened at work at this... Read more »

Carrie Dyer
Carrie Dyer
answered on Dec 9, 2020

More information is needed to analyze your situation. Your employer can require you to sign an acknowledgment that the employer will accommodate your doctor's restrictions for a month. However, what is the justification for only accommodating these restrictions for a month? Do the proposed... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: Can I be terminated while on Covid LOA?

I have been on Covid LOA since March. Today I received an email from Sedgwick (the company that takes care of all that) stating that my leave was closed because they were informed my employment ended (with Walmart) on 11/6/20. I wasn’t notified that this was going to happen or anything. Do I have... Read more »

Greg Mansell
Greg Mansell
answered on Nov 11, 2020

You may have an argument that your continued leave was a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment attorney in Indiana to go over the specifics of your leave and separation.

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