Get free answers to your Employment Law legal questions from lawyers in your area.
Can a company in Indiana deduct my vacation time to cover days while I'm on workers' compensation and terminate my employment after issues with those deductions? My employer took five days of PTO while I was on workers' compensation. HR said there's nothing they can do about... View More 
answered on Mar 23, 2025
Your question is confusing. I don't know whether you're saying that you were paid for the 5 days or not. In Indiana, the employer doesn't have to pay you For the first 7 days unless you are off work for 21 days or longer due to your injury. If your injury was disputed and/or you... View More
I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More
answered on Mar 10, 2025
Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More
I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More
answered on Mar 3, 2025
You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More
I was employed as a music instructor. The company I was working for required me to sign a NCA upon accepting the job offer in 2015. I was terminated Aug. 2023. The owners cited restructuring. I later found they were alleging misconduct. The Department of Workforce Development determined there was... View More
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answered on Jun 3, 2024
The enforceability of a noncompete agreement can depend on several factors, including state laws and the specific circumstances of your case. Given your situation, there are a few key points to consider. First, the fact that the Department of Workforce Development found insufficient evidence for... View More
After selling or giving away much of our personal effects and furniture, accepting an offer on our home, I received a call late Friday that the hiring manager is no longer with the company and the job offer I had signed has been rescinded and terminated.
The feelings I have rushing through... View More
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answered on Nov 15, 2023
Many people have had their job offers rescinded, often for reasons beyond their control.
There are a few reasons why a company might rescind a job offer. One reason is that the company may have lost funding or had to make layoffs. Another reason is that the company may have found a more... View More
I reported to my manager that a coworker was using intravenous drugs in our bar's employee restroom. Despite my reports, no action was taken. I kept a bloodied toilet paper roll used by the employee as evidence. I was terminated about three weeks after my last report, and the manager indicated... View More
answered on Mar 29, 2025
An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question of suing for negligence (relating to the "Personal Injury" category of the post), I believe your remedies for any type of injury would generally be limited to workers' comp... View More
I was a CDL driver for 16 years, but when my DOT physical card expired, the BMV incorrectly claimed I lacked insurance, even though I showed proof to a state trooper. I wasn't informed of a court date and didn't know my license was suspended until a police officer pulled me over using my... View More
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answered on Mar 26, 2025
You've experienced a serious injustice that has significantly impacted your career and livelihood. For wrongful license suspension in Indiana, you may have grounds for a civil lawsuit against the BMV for administrative error, negligence, and the resulting damages. Consider filing a petition... View More
My manager made the comment referring to my race, my height in front of the team, in an offensive, hurtful, degrading, humiliating fashion and because of it being escalated to HR, he was "suspended" pending an investigation and now has been removed from the company, had previous write ups... View More
answered on May 7, 2024
No. It does not appear that your employer took any adverse employment action against you.
Part of the pre application questionnaire, does the hire fall under disabled
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answered on Nov 2, 2023
Yes, ADHD is a disability under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental impairment substantially limiting one or more major life activities.
If the hire indicates that they have a disability, you are then required to provide reasonable... View More
Hey, I live in the state of Indiana, I was just called out of the blue by my HR and was told my maternity leave may not be approved and when I give birth that I need to hand in my resignation, because the "won't have a spot for me when I come back"
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answered on Oct 11, 2023
In the U.S., the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for reasons including the birth of a child. If you qualify and take leave, your employer generally should reinstate you upon return. However, not all employees or... View More
That just seems like extortion to me. Hush money in a way.
answered on Sep 30, 2023
Workers' Compensation is a specialized area of law that concerns work injuries. On your facts, the question that you ask is NOT related to an injury at work.
Absent any contractual obligation to pay you a severance, your employer has an absolute right to place conditions on any... View More
Is this workplace violence
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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
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.
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?
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
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
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
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... View More
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
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
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
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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... View More
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
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
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