Get free answers to your Employment Law legal questions from lawyers in your area.
The doctor misdiagnosed my injury, delayed my treatment, and altered my restriction paperwork with my knowledge. Which I believe all of these act to be intentional base on audio recordings of our conversation ( the doctors contradictions on treatment) this was all due to my former employer who... View More
answered on Jan 28, 2022
An Indiana attorney could advise best, but your question remains open for a week. Until you have a meaningful consult with an Indiana attorney based on state-specific elements of law, the criteria for med mal claims are fairly standard throughout the nation in the most general sense. The criteria... View More
answered on Jan 11, 2022
You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The... View More
During our conversation my manager said it is in the best interest of the business for today to be my last day however I’m still eligible for rehire because I attempted to give notice. They then directed me to clock out and await further instructions regarding my separation. About six hours... View More
answered on Nov 2, 2021
Assuming you're not subject to an employment contract with a separation term that says otherwise, you can quit at any time and for any reason, with or without notice. You cannot be compelled to work during the next two weeks - however, your employer is only obligated to pay you for the time... View More
A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... View More
answered on Oct 7, 2021
This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... View More
Is requesting accomodation to only be required to work no more than 5days a week 8 hours a day and 40 hours a week due to my mental health issue a undue hardship on my employer
answered on Sep 15, 2021
Whether your request is an undue burden depends on many things, including the size of your employer, your position and your job duties, and the need (if any) for you to work in excess of 40 hours per week. A request for an accommodation triggers the employer's duty to engage in an interactive... View More
My mom got a new job and was fired today because she received flowers from her fiancé and his name was on them. He is a well known director for a local union and when the ceo saw them she fired her after she came back from lunch. She asked if she did anything wrong and the answer was no and that... View More
answered on Aug 4, 2021
Indiana is an at-will state. This means that an employer may generally terminate an employee at any time and for any reason or no reason. There are very limited exceptions to this general rule. The situation you are describing is certainly unfair, but it does not violate the law or give your mom a... View More
I Informed HR that I was going to be needing to use some of my 12 weeks allowance of FMLA. I had seen a doctor the day I let HR know. The doctor just needed the forms from the HR department of work but she had given me a note excusing me starting on June 29th 2021. Then today on June 30th 2021 I... View More
answered on Jul 7, 2021
Hello, more information is needed here. It would be unlawful for the employer to consider your use of FMLA in a decision to terminate you. I would reach out to an employment law attorney to schedule a consultation.
Work for hefler for 5 yrs. PO and G ( pfiefer oil and gas ) bought out Hefler. Been with them 10 months. Doing same job total 6 yrs. PO and G denied fmla. Are there any Laws to protect his job since hes only been with PO and G 10 mo?
PO and G called Rehab Center and told them he would lose... View More
answered on Jul 7, 2021
In some situations, an unpaid medical leave of absence can be a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment law attorney in your area to discuss your son's options in more detail.
My spouse was an independent contractor for a RV transportation company. The opportunity came for my spouse to get involved in hotshot transportation. He brought the idea to the owner/manager of the company. The owner/manager agreed it was a good idea and approved my husband doing the work under... View More
answered on May 18, 2021
Unfortunately, there is nothing inherently unlawful about your spouse's termination, since employees can be terminated for any reason or for no reason at all in at-will states. However, the one exception to this rule is if your spouse believes they were targeted for termination due to a... View More
I was hired as a seasonal employee for an amusement park last June. The park closed for the season in October but I have continued to work 40+ hours a week through the winter and am now working 50 hours a week and they say because I’m seasonal I am not entitled to time and a half for my hours... View More
answered on Apr 21, 2021
Whether you're entitled to overtime will depend on whether the amusement park is open year-round, and/or when the amusement park makes most of its money. Employees do not need to be paid overtime if their employer is an amusement or recreational establishment, and if the employer can... View More
This morning was called and told they were getting rid of our drivers at my store in Indiana. They told me I have to accept a new role making less money or I will have to quit.
answered on Jan 27, 2021
Unfortunately, your only options here are to either take the new job and pay cut or resign and look for other employment. At-will employees can be terminated from their position at any time and for any reason (as long as the reason isn't discriminatory), including a reduction-in-force as... View More
Disorder I came back about year ago same manager who knows about my health sent me home claiming I was intoxicated didn’t subject me to drug screening which they do random they just did one about two weeks ago and fired someone told me to leave even in their policy says u shouldn’t let them if... View More
answered on Jan 26, 2021
It sounds like you are being harassed for taking FMLA leave and for having a condition that MAY qualify you under the ADA for protections. I say MAY, because certain drug addictions are not covered under the ADA. You need to contact a local attorney that deals with Employment Discrimination and... View More
answered on Jan 20, 2021
Generally, yes. Indiana is an "at will" state. Unless you have a contract or a collective bargaining agreement stating otherwise, your employer can hire, fire, promote, demote, etc. at the employer's discretion for any reason, so long as it is not for an unlawful reason.
They want to talk to their lawyer and make a restrictions and fmla policy. They accepted the restrictions my doctor gave them with no issue and then two weeks later told me that they could only accept them for a month. The restrictions are for an ongoing foot issue that happened at work at this... View More
answered on Dec 9, 2020
More information is needed to analyze your situation. Your employer can require you to sign an acknowledgment that the employer will accommodate your doctor's restrictions for a month. However, what is the justification for only accommodating these restrictions for a month? Do the proposed... View More
I have been on Covid LOA since March. Today I received an email from Sedgwick (the company that takes care of all that) stating that my leave was closed because they were informed my employment ended (with Walmart) on 11/6/20. I wasn’t notified that this was going to happen or anything. Do I have... View More
answered on Nov 11, 2020
You may have an argument that your continued leave was a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment attorney in Indiana to go over the specifics of your leave and separation.
and he is asking to make up the hours he is missing as a result of his working. Can he do this?
answered on Nov 3, 2020
Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.
answered on Oct 7, 2020
Whether you are protected under the law will depend on the size of your employer and how long you were with the employer. The Family and Medical Leave Act ("FMLA") offers unpaid leave if you need to care for a child as you described above, but it only applies if (1) your employer employs... View More
He was for the last year in the cleaner area until his supervisor moved him back to the dirty part of the factory. His supervisor is stonewalling him on the move saying he doesn't have to move him because the doctor has no authority. Is there anything that can be done, because my husband is... View More
answered on Sep 30, 2020
Yes, your husband is entitled to seek a reasonable accommodation due to his COPD that allows him to continue to perform the essential functions of his job. It sounds like your husband's employer was providing him the accommodation of working in a clean area of the factory for the previous... View More
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?
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.
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... View More
answered on Aug 12, 2020
No, it is not unlawful discrimination to refuse to hire an employee because that employee worked for a competitor.
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