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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
and he is asking to make up the hours he is missing as a result of his working. Can he do this?
Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.
Whether you are protected under the law will depend on the size of your employer and how long you were with the employer. The Family and Medical Leave Act ("FMLA") offers unpaid leave if you need to care for a child as you described above, but it only applies if (1) your employer employs... Read more »
He was for the last year in the cleaner area until his supervisor moved him back to the dirty part of the factory. His supervisor is stonewalling him on the move saying he doesn't have to move him because the doctor has no authority. Is there anything that can be done, because my husband is... Read more »
Yes, your husband is entitled to seek a reasonable accommodation due to his COPD that allows him to continue to perform the essential functions of his job. It sounds like your husband's employer was providing him the accommodation of working in a clean area of the factory for the previous... Read more »
I was the live in manager at a hotel would take care of it for about 10 hours a day, plus handle late check ins. I only got paid 400$ every 2 weeks, 400/80=5 that’s less then minimum wage is that ok?
Hi, more information is needed here but, yes, that appears to be under the federally required minimum wage. If that is the case, it is not okay, and would be a violation of law. I would recommend reaching out to an employment law attorney for a consultation.
I applied at a competing catering company. I called consistantly, got an answer and was just unlucky because the hiring manager wasn't in that day, or so I thought. I ended up finally reaching them just one day before my application expired, and the manager told me that "they were... Read more »
No, it is not unlawful discrimination to refuse to hire an employee because that employee worked for a competitor.
Is this legal? I've told them in writing once I recieve my final check (if the cost of the shirts and keycard is deducted okay) that i would return the shirts and keycard and shes threatening to charge me with theft over it . They also told me the reason I was not being trained on the floor... Read more »
You should return the shirt and key card immediately. You should then contact an employment attorney to discuss the details of your employment situation and the circumstances under which your employment ended. More information about your situation is needed, but you may have a claim for gender... Read more »
I am hourly indiana. Would usually clock out at 11 because I don't need a lunch at 11 but they are forcing me to stay until 1130 even though I do not get paid for lunch because they don't want to have to manually change times.
Your employer can mandate that employees take an unpaid lunch break, even on days that you do not work a full shift. However, if you are continuing to perform work during the 11-11:30 time frame, you are entitled to be compensated for this time.
They said its because we were classified as drivers, however we never drove, never kept logs. We were all either severenced or furloughed on 4/24, but were told we were non driver personnel..how can you not pay us overtime by saying were considered drivers but then labeled non driver to furlough or... Read more »
I would reach out to an employment law attorney in your state for a consultation. There isn't enough information here for a full analysis. Depending on your job duties and pay structure, you may be entitled to overtime under the Fair Labor Standards Act.
I am writing a demand letter & want to ask for a lower lien amount
if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for... Read more »
No, the Fair Labor Standards Act only covers employees, not independent contractors.
Under the Fair Labor Standards Act, any employee may be paid on an hourly basis, but NOT every employee may be paid on a salary basis. It is possible that your employer misclassified you as a salary exempt employee when you began your employment and has since realized its mistake, but this will... Read more »
I work for the county. A coworker is doing what she can to alienate me from others in the office by verbally attacking me. She gossips about me to coworkers, and to my supervisor. She tells every one any mistake I make, but most of what she says is false. The first time I brought it up to my... Read more »
You are in a tough situation. Generally speaking, your complaint about your co-worker is not protected, which means you won't have any legal recourse if you are terminated. To be protected, the harassment needed to have been about your race, religion, gender, a disability, etc. That does not... Read more »
I submitted a dispute but it has not been forwarded to the Corporate office to this date. I also requested a copy of my file and was informed that a subpoena would have to be submitted to obtain the requested information. What course of action do I need to do at this point? There are several... Read more »
The first thing you need to do is contact an attorney to assist you in this matter. My phone number is 317-210-3416. Please give my office a call.
I just need some advice on what to do I don't know what to do I get set home for being harassed by my coworker and my boss sent me home for me get harassed I'm not doing anything wrong I'm disabled I'm only allowed to work part-time I can't keep putting up this with this... Read more »
If you feel you are being harassed because of your disability or your membership in another protected class (e.g., due to your gender, race, color, national origin, religion, or age (40+)), you should report the harassment in accordance with your employer's policies. If the harassment... Read more »
The owner of the hotel that I work for hired me as General Manager yet does not pay bills on time, overrides my decisions as a manager, and creates a hostile work environment for my employees.
If you have a signed a written employment contract with your employer look closely for any terms that would allow you to break the contract or broken promises made by the employer; but before you do anything you should run this stuff by an Indiana lawyer experienced in employment law.
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