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Indiana Employment Law Questions & Answers
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.).

2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on
Q: I. Was seriously hurt driving a company van and the air bags never went off and i fractured 7disck and he never paid

Yeah I was never compensated for my medical bills and I feel that his insurance should have paid

Peter N. Munsing
Peter N. Munsing answered on Jun 28, 2018

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...
Read more »

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1 Answer | Asked in Employment Law for Indiana on
Q: Terminated from job; no cause. Now cease and desist letter from employer saying no contact - legal?

I was Activities Director at an assisted living facility. I was terminated last year for a reason that was never explained to me. I just received a certified letter from my former manager entitled: "NOTICE: CEASE AND DESIST PERSONAL CONTACT RESIDENTS". It says I'm to have no... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 23, 2018

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... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Indiana on
Q: I sustained a fall at work. Workmans Comp is doing what it should, but employer is demanding payment from me for my ins

that I pay weekly. Do I pay or are they suppose to while I'm injured?

Chase T Wilson
Chase T Wilson answered on Feb 16, 2018

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.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Indiana on
Q: If I have an expunged misdemeanor, do I need to say yes for the question, "have you been convicted of a misdemeanor" ?

I am applying for my teacher's license in the state of Indiana. About a year ago, I committed a misdemeanor for minor theft. I have expunged it by a lawyer and served community service time at the Salvation Army. I am now applying for my teacher's license. It asks me if I have ever been... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 8, 2018

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.

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Indiana on
Q: Can an employer tell an employee not to take a prescription from a work-related injury that says to take "as needed"?

An employee gets hurt on the job, complaining of wrist pain in both wrists, along with numbness and tingling in the left arm. Employer sends the employee to the primary care and gets diagnosed with left shoulder region strain, left pectoralis muscle strain, and parathesia. Employee returns to work... Read more »

Chase T Wilson
Chase T Wilson answered on Oct 24, 2017

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... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: Reguarly about 45 mins late to job bc of another job. Talked to manager and relevant employees, assured it was ok. Not

One of the employees I spoke with has now left. Her replacement is not ok with my being late on 2 evenings I work. She's demanding I be on time or give up other job, but I need the money. Again, this subject was talked about w manager and other employees and approved before this woman started... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 15, 2017

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... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: no compete agreement states i cannot work for another similar company within 3 years and 100 miles. is this enforceable?

It also states on the contract that the no compete will not apply if i "properly" terminate my own employment for cause.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jul 9, 2017

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...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I feel like I was discriminated against by a potential employer for being socially awkward. Do I have a case here?

I recently applied and interviewed for a job. I was told by the manager in a follow-up phone call that I was not hired because I was socially awkward. I asked the company's HR department if that was a legimitate reason not to hire some one. They told me that they would investigate, and later... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 3, 2017

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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Indiana on
Q: I lost my index and middle finger due to machine malfunction and my employer has already admitted fault

Do I need a lawyer and about how much compensation am I looking at?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 1, 2017

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
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

They knew we wete related when they hired me

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 29, 2017

Indiana is an at will employment state. Barring federal or state laws, they can fire you for any reason at any time.

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
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?

Our company combined with another two years ago to make one company with one pay scale for all jobs and they mix our people and there's in the same jobs and we are training them but they are making as much as 11 dollars an hour more and have been full time the exact same amount of time as me... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 14, 2017

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.

1 Answer | Asked in Employment Law, Immigration Law and Military Law for Indiana on
Q: Can I sign up for the National Guard or Marines if am a student/immigrant?

- Have been in the U.S for almost 9 years

- High School student (senior)

- GPA 3.0

Patrick Korody
Patrick Korody answered on Feb 6, 2017

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

1 Answer | Asked in Employment Law for Indiana on
Q: Employer took "car count" bonus away because of migraines.

My employer has stopped giving me my car count bonus because of me missing work due to migraines. They knew before I was hired I suffer from them. There are letters from 2 different doctors including my neurologist stating I'm on prescription medication for them. Is this legal?

Paul Stanko
Paul Stanko answered on Dec 24, 2016

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."

1 Answer | Asked in Employment Law for Indiana on
Q: Can an employer stop bonus because of missing work due to migraines?

I work at an oil change facility. One of the hiring benefits was a "car count" bonus. For each car we service, employees get a dollar amount. Because I miss work due to migraines they took mine away. They knew about headaches before hiring. They have 2 letters in my file from doctors... Read more »

Paul Stanko
Paul Stanko answered on Dec 24, 2016

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.

1 Answer | Asked in Employment Law for Indiana on
Q: Employer requests my password for the business's online banking. Bank says not to give it to anyone. What should I do?

The banks Terms & Conditions state that I am not supposed to give my login information to anyone.

Paul Stanko
Paul Stanko answered on Oct 27, 2016

Why can't your employer logon in his/her/its own right?

1 Answer | Asked in Employment Law for Indiana on
Q: My employer is looking for a reason for firing me. Do I have options?

A caring person gave me notes my boss wrote, having discussions with supervisors on how to handle it and how to replace me.

Paul Stanko
Paul Stanko answered on Oct 27, 2016

Indiana is an employment at will state. Unless your employer discriminates against you on the basis of some suspect classification, or you are protected by an employment contract, you are probably out of luck.

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Employment Discrimination for Indiana on
Q: my job makes me disrobe and pee in front of a stranger with no past drug use history for a random drug test

The drug testing varies by person to person some are made to just empty pockets and pull pants down to knees.Lately they have made everyone pull all their clothes down to their knees and have a stranger watch them pee the whole time. My first drug test the male HR rep was there to verify i... Read more »

Paul Stanko
Paul Stanko answered on Sep 17, 2016

Indiana is an employment at will state. While that employer conduct seems over the top, your recourse may be limited, unless those policies are being imposed in a discriminatory manner.

1 Answer | Asked in Health Care Law, Business Law and Employment Law for Indiana on
Q: If a business changes from corp owned to franchise can they discontinue short term disability benfits for pregnancy?

I am 6 months pregnant and my current health plan covers up to 10 weeks of paid maternity leave, two additional weeks at partial pay. Totalling 12 weeks. My company just sold to a franchise and they do not offer short term disability in thier health care package. Leaving me with zero paid maternity... Read more »

Paul Stanko
Paul Stanko answered on Sep 17, 2016

Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.

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