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Indiana Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

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.

1 Answer | Asked in Employment Law for Indiana on
Q: Is it legal for my job to fire me for taking off to care of my newborn while my unwed partner is sick in the hospital?
Rhiannon Herbert
Rhiannon Herbert answered on Oct 7, 2020

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 »

1 Answer | Asked in Employment Law for Indiana on
Q: My husband is on FLMA and has a letter from his doctor requesting that he be moved to a cleaner area because of COPD.

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 »

Carrie Dyer
Carrie Dyer answered on Sep 30, 2020

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 »

1 Answer | Asked in Employment Law for Indiana on
Q: salary

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?

Kyle Anderson
Kyle Anderson answered on Aug 20, 2020

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.

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: I applied for a different employer, same line of work. The competitor company, wouldn't even give me an interview

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 »

Carrie Dyer
Carrie Dyer answered on Aug 12, 2020

No, it is not unlawful discrimination to refuse to hire an employee because that employee worked for a competitor.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: My employer is threatening to withhold my entire final paycheck and charge me for theft for my work shirts and keycard

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 »

Carrie Dyer
Carrie Dyer answered on Jun 24, 2020

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 »

1 Answer | Asked in Employment Law for Indiana on
Q: the company I work for is forcing me to stay 30 mins after on half days to take an unpaid lunch. Is this legal?

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.

Carrie Dyer
Carrie Dyer answered on Jun 24, 2020

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.

3 Answers | Asked in Employment Law for Indiana on
Q: I worked as a instructor for a trucking company, we didnt get paid overtime even though we werr forced to work over 40

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 can you not pay us overtime by saying were considered drivers but then labeled non driver to furlough or... Read more »

Kyle Anderson
Kyle Anderson answered on May 6, 2020

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.

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3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

Charles Candiano
Charles Candiano answered on Apr 5, 2020

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 »

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1 Answer | Asked in Employment Law for Indiana on
Kyle Anderson
Kyle Anderson answered on Apr 1, 2020

No, the Fair Labor Standards Act only covers employees, not independent contractors.

1 Answer | Asked in Employment Law for Indiana on
Q: If I am hired in as salary can they all the sudden decide to make me hourly instead after almost 8 months?
Rhiannon Herbert
Rhiannon Herbert answered on Mar 18, 2020

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 »

1 Answer | Asked in Employment Law for Indiana on
Q: In Indiana, may my supervisor terminate me for filing a harassment claim against a coworker?

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 »

Kyle Anderson
Kyle Anderson answered on Jan 15, 2020

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I was recently terminated and went through a hearing for unemployment. The findings were that I was unfairly terminated.

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 »

Amber K. Boyd
Amber K. Boyd answered on Jan 1, 2020

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.

1 Answer | Asked in Employment Law for Indiana on
Q: I really don't know where to start I've been working at this job for over 5 years 1 raise in 5 years getting harassed

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 »

Carrie Dyer
Carrie Dyer answered on Dec 27, 2019

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 »

1 Answer | Asked in Contracts and Employment Law for Indiana on
Q: Can I break my employment contract if my employer is preventing me from doing my job as a manager?

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.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 16, 2019

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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