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Indiana Employment Law Questions & Answers
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.

1 Answer | Asked in Contracts and Employment Law for Indiana on
Q: Is it illegal to not give a employee a copy of their employement contract? Even upon request?
Paul Stanko
Paul Stanko answered on Sep 17, 2016

Unless it is a coincidence, that you live in Indiana, PA but have a question concerning (State of) Indiana law, your question should have been asked of a Pennsylvania attorney.

1 Answer | Asked in Criminal Law and Employment Law for Indiana on
Q: Consequences of having two restraining orders?

My boyfriend and I each successfully filed a restraining order against a man who was stalking and harassing us earlier this year through cell phone communication as well as social media. He would call us up to 200 times a day saying that he had a gun and would commit suicide if we refused to talk... Read more »

Paul Stanko
Paul Stanko answered on Sep 11, 2016

Yes, repost in CA section. And yes, the restraining orders are public and will likely show up on background checks.

1 Answer | Asked in Employment Law for Indiana on
Q: How can I find out the exact date a drug screen was given?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 6, 2015

Ask the lab that performed the drug screen?

1 Answer | Asked in Employment Law for Indiana on
Q: Is an employer legally allowed to deduct 30 minutes per day for a lunch break even though we rarely get one?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 9, 2015

This is an "employment" law question, but you asked it in "other." Go see a lawyer who handles employment law.

1 Answer | Asked in Employment Law for Indiana on
Q: Can a employer make you work 48-65 hours a week with no extra pay and then make you take an extra day off bi-wkly instd
Timothy Coe
Timothy Coe answered on Sep 14, 2012

The Fair Labor Standards Act requires that any time spent at work over 40 hours per week is paid overtime. Which means at least time-and-a-half. The Department of Labor enforces the FLSA or you can file a private law suit.

Best of luck!

1 Answer | Asked in Employment Law for Indiana on
Q: Is an employer required to reimburse an employee for mileage on personal vehicles used for business purposes?
Timothy Coe
Timothy Coe answered on Sep 14, 2012

I don't think it's actually required, however, you can claim it as a deduction on your 2012 taxes when you file them next year. I think what the IRS allows is $0.555 per mile so keep records of all of your mileage.

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