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Indiana Employment Law Questions & Answers
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.

2 Answers | Asked in Employment Law for Indiana on
Q: I was written up for missing too much work after exercising my FMLA rights, eventually terminated. What are my options?

I was employed with a company for 16 months, having received 3 above average perforamnce evaluations and 2 promotions. I feel I was targeted for termination due to an incident earlier in the year where I had to go over my supervisor's head and report a sexual harassment complaint to the HR... View More

Terrence Rubino
Terrence Rubino
answered on Jan 13, 2012

although i personally do not do employment law, we have an excellent person in the office that does. carla pyle - you are welcome to call her to ask. there are no fees for just a phone call. you can check her out on our website rubinoruman.com

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1 Answer | Asked in Employment Law for Indiana on
Q: Can i be fired for discussing wage cuts with non-co-workers ?

June 29 th i was fired for alleged customer abuse for discussing a major illegal wage cut for pizza hut delivery drivers. Doesnt that violate my first amendment right to free speech ?

Terrence Rubino
Terrence Rubino
answered on Jul 29, 2011

indiana is an "at will" state meaning employment generally can be terminated for any reason except for constitutionally protected areas like race, sex,age, ethnicity,retaliation for exercising a right. you might have a claim but need to contact a lawyer that concentrates his/her practice... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Whats the maximum age to become a police officer in indiana?

I am studying Criminal Justice in school and I want to hopefully become a CSI agent upon completion of my bachelor's degree in 2014 and I was informed via the internet that I must first be an officer at least a year or two prior to CSI agent. Whats correct and whats the maximum age for an officer?

Burton A. Padove
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answered on Jul 20, 2011

40

1 Answer | Asked in Employment Law for Indiana on
Q: I worked roofers union all my life and its seasonal work can not go back to work due to disability what type lawyer do i
Burton A. Padove
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answered on Jul 20, 2011

Depedning on the nature of your injury and how it was caused, either an attorney who handles social security disability cases and/or owrkers compensation

1 Answer | Asked in Employment Law for Indiana on
Q: Diabetic type 2 no lunch period
Burton A. Padove
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answered on Jul 7, 2011

There is no question. However, depending on the size of the employer, the company may be required to make a reasonable accomodation pursuant to the Americans With Disabilities Act and permit you to have a lunch.

1 Answer | Asked in Employment Law for Indiana on
Q: I was fired from a state job a 2 months ago and dont feel I was treated fairly. How do i fight them?

I was going to school in laporte for my job and I took three vacation days wen I returned to work the class had been canceled.I had no information were to go so i left a note with my name saying I was there,this continued for three days until class finally resumed and wen i got there they asked me... View More

Terrence Rubino
Terrence Rubino
answered on Jul 5, 2011

you need to consult with an employment law lawyer. on our team of lawyers is blessed to have rich long, carla pyle and kris kantar who are experienced in employment law. although they may be able to answer questions, because it is in laporte it may be too far for them to actually represent you.

1 Answer | Asked in Employment Law and Foreclosure for Indiana on
Q: Can you get your Indiana Carpenters Annuity Fund (not pension), during hard times? We are about to lose our house!

We NEED that money and they said to write a letter of hardship and it would be brought up at the quarterly meeting. We did just that and we paid $18.00 to send it priority, they signed for it and DIDN'T bring it up at the quarterly meeting!!!! This may have been our last chance before our... View More

Michael Bartolic
Michael Bartolic
answered on May 16, 2011

While the Internal Revenue Code does permit, in order to maintain tax-qualified status, some plans to allow for certain hardship distributions (e.g., 401(k) plans), it is unusual for a defined benefit or annuity-type plan to provide for such distributions. If this plan so provides, whether or not... View More

1 Answer | Asked in Employment Law for Indiana on
Q: I came up with a great idea and told my employer about it before I quit. Now she's using it. Do I have any rights?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

There is a good chance you have rights, but more facts must be known. In particiular, did you ever sign an agreement with your employer agreeing to assign rights to any inventions to the employer. If not, was your job to "invent" the particualr invention? You should consult with a... View More

1 Answer | Asked in Employment Law for Indiana on
Q: What is the fair labor standard act ?
Paul Overhauser
Paul Overhauser
answered on Jan 11, 2011

The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards.

A good analysis is here: http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Federal/what...

Paul Overhauser

317 891-1500

www.overhauser.com

1 Answer | Asked in Employment Law for Indiana on
Q: I came up with a great idea and told my employer about it before I quit. Now she's using. Do I have any rights?
Paul Overhauser
Paul Overhauser
answered on Jan 5, 2011

There is a good chance you have rights, but more facts must be known. In particiular, did you ever sign an agreement with your employer agreeing to assign rights to any inventions to the employer. If not, was your job to "invent" the particualr invention? You should consult with a... View More

1 Answer | Asked in Employment Law for Indiana on
Q: I have a lawsuite for an over time wage claim and i want to know if the offer my lawyer gave me was fair
Paul Overhauser
Paul Overhauser
answered on Dec 29, 2010

Your best bet would be to contact a second attorney to get a second opinion.

Paul Overhauser

www.overhauser.com

317 891-1500

1 Answer | Asked in Employment Law for Indiana on
Q: My daughter is a victim of wrongful termination of employment and defamation of character. What can we do?
Paul Overhauser
Paul Overhauser
answered on Nov 30, 2010

If your daughter has been defamed, she may have a claim for libel or slander. In Indiana, the elements of defamation are: 1. a communication with defamatory imputation; 2.malice; 3.publication; and 4.damages. However, you do not have to prove damages if the communication imputes: criminal... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Know of any famous age discrimination cases?
Paul Overhauser
Paul Overhauser
answered on Nov 21, 2010

The one that comes to mind to me is Michael B. Montgomery v. The Board of Trustees of Purdue University. In a 14-page opinion (dissent on p. 14), Justice Boehm writes:

We hold that units of state government with twenty or more employees are subject to the federal Age Discrimination in...
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