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Indiana Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Personal Injury for Indiana on
Q: Can I sue the bar for negligence and wrongful termination after reporting drug use?

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

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Workers' Compensation and Employment Law for Indiana on
Q: Can a company take vacation time as workers' comp days and terminate employment in Indiana?

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

Charles Candiano
Charles Candiano
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

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2 Answers | Asked in Employment Law, Car Accidents and Personal Injury for Indiana on
Q: Who is responsible if an HVAC employee is injured in a company vehicle on the way to a service call?

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

Charles Candiano
Charles Candiano
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

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1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Indiana on
Q: Legal protections for Indiana bus driver assaulted by student

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

Charles Candiano
Charles Candiano
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

1 Answer | Asked in Employment Law, Antitrust, Civil Rights and Libel & Slander for Indiana on
Q: Is the noncompete agreement I signed enforceable?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Indiana on
Q: I was terminated before I started a job

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

T. Augustus Claus
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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...
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1 Answer | Asked in Employment Law for Indiana on
Q: What are Indiana's rules for post-accident drug test sample collection?

In the private sector, does an employer have specific requirements when collecting samples for post-accident drug tests? I am at an at-will employment and have concerns because the sample was collected by my supervisor, and I'm not familiar with the policies in Indiana. Can you provide... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your concerns are completely valid, especially when it comes to how a post-accident drug test is handled. In Indiana, private employers do have broad authority to conduct drug testing, but there are still expectations around **professionalism, privacy, and chain of custody**. Typically, drug test... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Fired in Indiana after submitting FMLA leave and restrictions for scoliosis. What are my options?

In Indiana, I was fired after submitting my FMLA leave and my restrictions for scoliosis to my boss. I was employed with the company for 3 years. My employer did not provide a reason for my termination, and they stopped communicating with me after I submitted my FMLA request. There were colleagues... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your situation, it’s important to understand that the Family and Medical Leave Act (FMLA) provides job protection for employees who need leave for medical reasons, like your scoliosis. If your employer fired you after you submitted your FMLA request, especially without providing a reason or... View More

1 Answer | Asked in Employment Law and Public Benefits for Indiana on
Q: Can my employer in Indiana fire me for an old felony being discovered in a background check, despite starting the expungement process?

I have a 33-year-old felony class D record that I thought was reduced to a misdemeanor, but I just found out it is still a felony when I started a new job last month. My employer at the Food Stamp/Medicaid office did not ask about felonies, only if I would be willing to be fingerprinted and undergo... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Indiana employment law, your situation presents some nuanced legal considerations. In Indiana, as an at-will employment state, employers generally retain broad discretion to terminate employment for nearly any reason that doesn't violate specific legal protections. While there are... View More

1 Answer | Asked in Employment Law and Business Law for Indiana on
Q: Can a privately held company deny employee access to board meeting minutes?

I work as a registered nurse at a privately held company that is not being transparent about its potential closure. If I request the meeting minutes from the board meeting where this topic was discussed, is my company legally allowed to deny my request? There have been no past instances of similar... View More

James L. Arrasmith
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answered on Apr 12, 2025

In a privately held company, board meeting minutes are generally not considered public records and may not be accessible to employees unless explicitly granted by the company. As a registered nurse, you may not have an automatic right to request these minutes unless it’s part of your job... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: Can being overlooked for a promotion due to lack of a degree be considered discrimination?

I have worked for my company for 20 years and applied for an internal manager position. Despite being a seasoned leader, the company hired an outside candidate with a degree. I am currently back in college and feel unfairly overlooked as the company has previously promoted individuals without... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you feel overlooked, especially with your extensive experience and leadership within the company. However, being passed over for a promotion due to a lack of a degree doesn’t automatically qualify as discrimination. Companies often set specific qualifications for... View More

1 Answer | Asked in Juvenile Law, Employment Law, Traffic Tickets and Public Benefits for Indiana on
Q: Legal options for managing son's destructive behavior and driving citation in Indiana.

I am seeking legal advice concerning my 17-year-old son who has been diagnosed with mental illnesses and exhibits destructive behavior at home. Police have been involved multiple times but say they can't take action unless he harms himself or others. He also received a citation for driving... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—it’s incredibly difficult to watch your child struggle while feeling like your hands are tied. When a 17-year-old is exhibiting dangerous or out-of-control behavior and refusing help, it places an enormous burden on the whole family. In Indiana,... View More

1 Answer | Asked in Civil Rights, Criminal Law, Employment Law and Family Law for Indiana on
Q: How can I get a handgun in Indiana without a fixed address for self-defense?

I am a homeless resident of Indiana, without a fixed address due to a divorce, and I've been assaulted multiple times, including a recent severe attack where I was maced, beaten, and almost set on fire. I wish to purchase a handgun for self-defense, but I am unable to comply with the... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation presents significant challenges, but there are potential paths forward for legally obtaining a handgun in Indiana despite your homelessness.

Indiana does not require a license to purchase a firearm, and as of July 2022, the state permits constitutional carry for eligible...
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1 Answer | Asked in Civil Rights, Civil Litigation and Employment Law for Indiana on
Q: What are my legal options for false charge affecting my CDL and driving privileges in Indiana?

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

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: in an incident at work where derogatory, degrading, racist, micro-aggressions, and harassment took place. Case? Yes or N

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

John Michael Frick
John Michael Frick
answered on May 7, 2024

No. It does not appear that your employer took any adverse employment action against you.

1 Answer | Asked in Contracts, Employment Law and Tax Law for Indiana on
Q: when bringing on a new hire is ADHD a disabled status?

Part of the pre application questionnaire, does the hire fall under disabled

T. Augustus Claus
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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...
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1 Answer | Asked in Employment Law for Indiana on
Q: Can i really be fired for taking maternity leave? Cause HR says I need to resign.

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

1 Answer | Asked in Employment Law for Indiana on
Q: Can a company offer you a severence package, only if you sign an agreement not to speak negatively about the company?

That just seems like extortion to me. Hush money in a way.

Charles Candiano
Charles Candiano
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...
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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

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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 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?

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