Indiana Employment Law Questions & Answers

Q: my old roommate has been using my payroll card for months...

1 Answer | Asked in Criminal Law, Identity Theft, Small Claims and Employment Law for Indiana on
Answered on Feb 26, 2019
Alexander Florian Steciuch's answer
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.

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.

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Sexual Harassment for Indiana on
Answered on Jan 9, 2019
Peter N. Munsing's answer
Contact a member of the Indiana Assn for Justice in your area who handles employment issues; they represent workers and give free consults.

Q: How much is a non compete worth

1 Answer | Asked in Employment Law for Indiana on
Answered on Sep 10, 2018
Alexander Florian Steciuch's answer
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.

Q: 2 Non compete were signed at different employers within 1 year, will the second one be valid or not?

1 Answer | Asked in Employment Law for Indiana on
Answered on Aug 3, 2018
Alexander Florian Steciuch's answer
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 non-compete agreements. No one can review a contract without reviewing it in its entirety. Contact a local attorney to review the contracts.

Q: In Indiana, can I be terminated without being given a reason?

1 Answer | Asked in Employment Law for Indiana on
Answered on Jul 5, 2018
Alexander Florian Steciuch's answer
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.).

Q: I. Was seriously hurt driving a company van and the air bags never went off and i fractured 7disck and he never paid

2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on
Answered on Jun 28, 2018
Peter N. Munsing's answer
Contact a member of the Indiana Assn for Justice that handles comp claims--they give free consults. As to the air bags, depending on how the crash happened the air bags would not have gone off as they only go in certain circumstances.

If the wreck was someone elses fault you have a claim against them.

Q: Terminated from job; no cause. Now cease and desist letter from employer saying no contact - legal?

1 Answer | Asked in Employment Law for Indiana on
Answered on Mar 23, 2018
Alexander Florian Steciuch's answer
This isn't legally binding. This is a notice that if you continue to see the residents at the property they may bring legal action against you. If they are serious about this it is likely that there is a clause in your contract that bars you from continuing contact with the families or residents at your previous place at work. This could be done to prevent you from competing with the facility or persuading residents to stay at another assisted living facility.

Q: I sustained a fall at work. Workmans Comp is doing what it should, but employer is demanding payment from me for my ins

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
Worker's comp usually takes care of such things. I've never heard of an employer demanding you pay your work comp insurance while you're off work for a work related injury. Google worker's compensation attorneys in Indiana and give one a call. They'll know better than I do.

Q: If I have an expunged misdemeanor, do I need to say yes for the question, "have you been convicted of a misdemeanor" ?

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Indiana on
Answered on Jan 8, 2018
Andrew L. Bennett's answer
If the case is truly expunged and no just dismissed then you do not need to tell anyone about your case with limited exceptions. You may want to check mycase.in.gov to confirm your case has truly been expunged.

Q: Can an employer tell an employee not to take a prescription from a work-related injury that says to take "as needed"?

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Indiana on
Answered on Oct 24, 2017
Chase T Wilson's answer
In this case the employee would likely receive something from the doctor, assuming this is a work comp doctor, saying that he/she will need to be off work for a certain amount of time if the pain is too much. My recommendation in this situation would be to have the employee go back to the doctor to see if time off work is necessary. If the employee needs to take the muscle relaxer to get through the day, but it interferes with their ability to perform their duties then they likely need to be...

Q: Reguarly about 45 mins late to job bc of another job. Talked to manager and relevant employees, assured it was ok. Not

1 Answer | Asked in Employment Law for Indiana on
Answered on Sep 15, 2017
Alexander Florian Steciuch's answer
Unfortunately, you are most likely an at-will employee. You can be fired at anytime for almost any reason. Your employer could fire you for not liking the way you dress or for not meshing well with the other employees on a personal level. In this case, being 45 minutes late is a perfectly valid reason to let you go.

Q: no compete agreement states i cannot work for another similar company within 3 years and 100 miles. is this enforceable?

1 Answer | Asked in Employment Law for Indiana on
Answered on Jul 9, 2017
Alexander Florian Steciuch's answer
In Indiana, limiting covenants like this are generally frowned upon but may still be upheld by the courts if limited in scope (like in geographical proximity) and the limitation is related to your employment (like working for another company in your area of work).

Without seeing the actual document though, it's entirely impossible to say whether or not it would actually be upheld by a court. Just know that if you do accept this job you may have to abide by this non-compete agreement in...

Q: I feel like I was discriminated against by a potential employer for being socially awkward. Do I have a case here?

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Answered on Apr 3, 2017
Alexander Florian Steciuch's answer
You most likely do not have any sort of grounds for a civil suit. The only possible grounds that you might have is that you were discriminated against due to a disability, in this case that your diagnosed ADD is so severe that it constitutes a disability and has a major and severe impact on your everyday life. However, the store manager would have had to have known that you were disabled in order to have discriminated against you based on that reason.

There are two problems here. 1....

Q: I lost my index and middle finger due to machine malfunction and my employer has already admitted fault

1 Answer | Asked in Employment Law and Workers' Compensation for Indiana on
Answered on Apr 1, 2017
Alexander Florian Steciuch's answer
Yes, you should get an attorney immediately, preferably one familiar with personal injury in workplace settings. An attorney may be able to help negotiate you a better settlement than on your own. Only the attorney that you sit down with and receives all the facts can give you an accurate estimate as to how much you may be owed.

Q: If I've worked for same co. For 3 yrs and my sister works there also can they fire me now for that reason

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Answered on Mar 29, 2017
Alexander Florian Steciuch's answer
Indiana is an at will employment state. Barring federal or state laws, they can fire you for any reason at any time.

Q: is it legal for a company to pay two people with the same exact job to make as much as 11 dollars an hour more?

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Answered on Mar 14, 2017
Alexander Florian Steciuch's answer
Yes it is legal. Unless you have some sort of collective bargaining agreement that says otherwise, they can pay workers whatever they want above the mandatory minimums.

Q: Can I sign up for the National Guard or Marines if am a student/immigrant?

1 Answer | Asked in Employment Law, Immigration Law and Military Law for Indiana on
Answered on Feb 6, 2017
Patrick Korody's answer
If you have a green card, you can enlist and obtain citizenship almost immediately. If do not have a green card, you may still be able to enlist via the MAVNI program. http://www.goarmy.com/benefits/additional-incentives/mavni.html

Q: Employer took "car count" bonus away because of migraines.

1 Answer | Asked in Employment Law for Indiana on
Answered on Dec 24, 2016
Paul Stanko's answer
I already answered you question in a different form: "A: Everything depends on your employment contract. If the amount is relatively small, file a small claims action and let a judge decide whether and how much you are owed."

Q: Can an employer stop bonus because of missing work due to migraines?

1 Answer | Asked in Employment Law for Indiana on
Answered on Dec 24, 2016
Paul Stanko's answer
Everything depends on your employment contract. If the amount is relatively small, file a small claims action and let a judge decide whether and how much you are owed.

Q: Employer requests my password for the business's online banking. Bank says not to give it to anyone. What should I do?

1 Answer | Asked in Employment Law for Indiana on
Answered on Oct 27, 2016
Paul Stanko's answer
Why can't your employer logon in his/her/its own right?

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