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Indiana Employment Law Questions & Answers
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 personnel..how 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
Q: IS AN "INDEPENDENT CONTRACTOR" ELIGIBLE FOR OVERTIME PAY UNDER FAIR LABOR STANDARDS
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.

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Indiana on
Q: Can you get house arrest with a fleeing charge
Andrew L. Bennett
Andrew L. Bennett answered on Jul 1, 2019

Without more detail it is too difficult to give an accurate answer. However, if there was no injury on a fleeing case, it is possible to get house arrest in most situations, if at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: How do I request that my former employer provide the emails I need for evidence from the account controlled by company?

I was terminated without expecting it and they shut down access to the email account immediately, In addition, the CEO did 'talks' online on YOUTUBE and the content is relevant to my claim of discrimination, the company has closed these and I cannot access the content, can I ask the... Read more »

Amber K. Boyd
Amber K. Boyd answered on May 19, 2019

More than likely the only way to recover documents in this circumstance is to file a lawsuit and request the documents and videos through issuing Request for Production of Documents to the Defendant (company).

1 Answer | Asked in Employment Law and Tax Law for Indiana on
Q: a few days ago I applied for an ein I entered a dba on the form. That I havent registered yet. I am disabled and have

never worked. After more thought I have decided not to pursue the venture. Wondering what to do

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

Nothing--unless you are worried that the IRS might follow up with questions about the DBA.

1 Answer | Asked in Criminal Law, Identity Theft, Small Claims and Employment Law for Indiana on
Q: my old roommate has been using my payroll card for months...
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 26, 2019

What's the question? Report him to the police, freeze your credit if you are afraid that a loan has been taken out in your name or other accounts established and look into filing a claim against him for any damages you have incurred.

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Sexual Harassment for Indiana on
Q: I slept with My supervisor and found out a week later I had herpes. I’m almost sure it came from him and he knew it.

Several people said he’s passing it around. He’s also used my position against me when I refused to see him again! How do I get justice? Can we ask for medical records and file suite against him and employer?

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Contact a member of the Indiana Assn for Justice in your area who handles employment issues; they represent workers and give free consults.

1 Answer | Asked in Employment Law for Indiana on
Q: How much is a non compete worth

Am possibly being terminated from family business... want to know what amount to try to negotiate in exchange for a do not compete

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

There is no stock answer as to how much a non-compete is worth to your current employer. It is entirely dependent on the role and responsibilities you held at the business and how much of an impact on the business you could have if you decided to compete with them after you are terminated.

1 Answer | Asked in Employment Law for Indiana on
Q: 2 Non compete were signed at different employers within 1 year, will the second one be valid or not?

I have a girl who was previously employed with us. Resigned. Got a different position at a competitor and signed one there too. She then decided to quit that position and come back to us. Will that 2nd non compete be enforceable? Since our noncompete was in place when she started that job?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 3, 2018

If both contracts are valid and signed then she is bound by the terms of both of them, therefore she could be violating at least one of them right now. However, without seeing the contracts there is no definitive answer available here. You need to sit down with an attorney have and them review both... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: In Indiana, can I be terminated without being given a reason?

My boss (a service manager) and office manager came to my office and my boss told me this is where we part ways and I asked why and he said he doesn’t have to tell me why. This is in a dealership with over 100 employees.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jul 5, 2018

Yes, you can be fired without reason in Indiana. The only exceptions are if you are a part of a collective bargaining agreement (union) or your termination was on the basis of a legally protected status (age, race, national origin, etc.).

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