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Indiana Employment Law Questions & Answers
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, 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 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... View 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... 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 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 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.

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 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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