Indiana Employment Legal Questions

At GOODIN ABERNATHY LLP we are glad to help you recover unpaid wages you are owed. Below are the answers to some frequently asked questions about the wages that employees should be paid under federal and state law.  If you have further questions or think that you are being paid incorrectly contact us.    What is the Minimum Wage in Indiana?   Under Federal and Indiana law employers must pay most employees at least $7.25 per hour.   Employers may not make deductions which would reduce your pay below this level.  Some employees who receive tips as part of their income are allowed to be paid $2.13 per hour by their employer, but their pay including tips must total at least $7.25 per hour.   Should I be paid extra for Overtime hours?   Under both Federal and Indiana law employers must pay most employees 1.5 times their regular wage for any hours worked over forty in a week.  Even if your employer has told you that you are exempt from overtime because of the nature of your work or the way you are paid that may not be so.    Can my employer make deductions from my pay?   Employers cannot deduct costs from your pay (such as for uniforms, equipment, or other costs) which reduce your pay below the minimum wage.  Additionally, Indiana law prohibits deductions from your pay without your permission and restricts the types of deductions that can be made even with your permission.    What if I make more than the minimum wage, but am not paid all that my employer promised?   Indiana law requires employers to pay employees the wages they were promised.  In some cases this may include merit-based bonuses and paid time off which you have earned.... Read More

The fact that you worked less than 90 days does not necessarily affect your rights to a potential claim. Rather, it depends on the true reasons for why they terminated you.  If someone suddenly realized that you were 56 or recently learned about your prior heart surgery, and this was why they terminated you, you would have a potential lawsuit against them.  If this was based on only a personality difference or they thought your performance was not as good as they wanted it to be, whether that perception is accurate or not, there would be no legal recourse. I suggest speaking with an attorney to further explore this for a potential claim.... Read More

If the company that sent the false information actually caused you to lose the position, you can and should file suit against them.  If you eventually did get your job with that company, then it may not make financial sense to sue them.  You should still see an attorney and perhaps negotiate a settlment for the aggravation, time and expense this all caused.... Read More

If there are no written policies stating that you must still be employed as of the date the bonuses are paid in order to receive the bonus, then yes, you should be entitled to the bonus.  Once it is earned, and then waiting a further 30 days before informing them of your resignation, they would be obligated to pay this to you, especially if this has been their past practice to do so. Nevertheless, as a practical matter, it would be best to remain until you do get the bonus, if that is at all possible.  Though they would be required to pay you what you have earned under their terms and conditions and practices, you would have to file a charge with the Ill Dept of Labor, or in court, if they decide not to pay you.  Better to avoid this risk if you can stay longer.... Read More

If the problems you have with your feet rise to the level of a disability under the Americans with Disabilities Act (substantially limits your ability to walk or stand and the condition will last for approximately 6 months or more), then the employer is obligated to provide a reasonable accommodation that would allow you to perform your essential job functions.  An example in your case might be providing you with a stool to do your job or give you the opportunity to sit every hour, as an example.  If the employer deliberately assigned you to a new department that is completely contrary to your medical restrictions once they received notice of your disability, this may have been a deliberate act of discrimination and a violation of the ADA.  You should meet with an attorney to review your options and determine if there was a violation of the ADA.... Read More

I would need to know more information about the program and the reasons that were used to end your apprenticeship.  Neverthess, in general, you could not be terminated from the program just because you were on a disability leave that the union may have encouraged you to take.  You may have to repeat some portion of the program before getting back to the point where you were before you took your 6 month leave. You should meet with an attorney who has experience with the Americans with Disabilities Act to explore this in more detail... Read More

Assuming the employer is not doing this for some nefarious reason, then yes, they can add duties to the original job description.  If the duties are significantly more complex, you could possibly ask if there is additional compensation for the more complex duties.  They would not have to provide this, however.  If you feel that the company is doing this to set you up for failure based on discrimination or retaliation, then there may be legal action you can take. You should meet with an attorney to review this in more detail.... Read More

There is protection for employees to communicate about work related issues and concerns under the same Labor laws that allow union members to discuss work issues.  This protection applies regardless of whether there is a union or not and allows some criticism of the company and by extension, the managers.   But this goes to work related issues and concerns; It does not protect bullying or harassment of other employees or managers, nor does it allow mocking a manager based on her cancer. They could say that the new HR manager is mean and unfair.  They are not protected from termination from the other comments you list.... Read More

You can take legal action.  The only question is what would be the best way to handle this.  The employer's actions are a violation of your privacy rights, and may also violate other statutes such as the American with Disabilities Act.  There may also be some state laws that might have been violated.  You should contact an attorney who has expertise in this area to determine the best strategy to follow. ... Read More

It appears from your description of events that the employer has violated your rights under the FMLA by reprimanding you for duties you could not perform while on FMLA leave.  This would be construed as retaliation and possibly for interfering with your having taken FMLA leave.  You should speak to an attorney in more detail so he/she can determine if legal action should be brought on your behalf.  Also make a written request for your personnel file.... Read More

Unless the company was really trying to terminate you because of discrimination (race, age, national origin, etc), or retaliation for certain types of complaints you have made (such as unethical or illegal acts, as an example) your legal rights may be limited. But, if you can clearly prove that you were told to leave work by one supervisor, and then another supervisor terminated you for leaving your job without authorization (job abandonment), you may have a good argument to ask the company to rehire you or perhaps sue the first supervisor who told you to go home. Contact an attorney to further review your options... Read More

Most states have laws that allow you to see and make copies of your personnel file at any time during your employment, and up to a certain point after your employment ends.  You typically have to make the request in writing to HR.  Your state Dept of Labor should be able to confirm for you if Indiana has such a law... Read More

The danger of selectively applying rules such as these is that it may create a claim of discrimination depending on who she is targeting.  For example, if only males are being monitored, or only those over 40, or only those who are born outside of the US, then this could be illegal.  I would need more information as to those she is monitoring and those she is ignoring... Read More

Normally, to obtain benefits, the investigator is going to want to know the circumstances of the separation from employment, from both the employer and employee. If the employee was fired, the investigator will want to know the circumstances to see if there was good cause for the firing or "misconduct" in connection with the employment.... Read More