Indiana Employment Legal Questions

When taking intermittent FMLA, the rule requires that you give notice as soon as possible.  If you knew about taking the day for FMLA more than 48 hours before hand, then you would be required to notify the company in advance.  If you had no knowledge you would need that day until same day or day before, you would be protected under the FMLA and could file a charge... Read More

There are several federal and state laws that may protect you depending on the facts in your case.  If there are more than 50 employees and you were full time for the last 12 months the FMLA would apply.  If there are at least 40 employees, the pregnancy discrimination act might apply.  You may also be able to argue gender discrimination if others are allowed to return to work after an illness or injury.  Speak to an attorney who can review your facts in more detail... Read More

This means that if the company (as an example) has agreed to pay you 6 weeks of severance pay, then they will not object to your unemployment claim as long as you do not ask for unemployment benefits for that first 6 week period.  So you can file your claim at the time the severance payments are to end and the company will not challenge that  ... Read More

Based on your question, it appears that the employer had valid reason for terminating you.  Just because the customer started by throwing the pen, under the law you do not have the right to then retaliate by throwing the pen back.  You could have potentially opened your employer to liability if the pen would have struck the customer in a place where it could have caused damage. ... Read More

If you are classified as a hourly employee then you could have a claim for past wages.  If however, you are labeled as a salaried employee (or exempt employee) then you do not have to be paid overtime.  An overly simplified example would be to think of a restaurant worker versus a restaurant manager.  The restaurant worker (cook) would likely be an hourly employee while the manager would be an exempt employee (salaried).... Read More

Private companies can generally promote as they see fit (unless they are violating other types of discrimination laws).  My guess would be that if the lie actually hurt his chances on the promotion, then he may have more of an action against the person who lied.  Of course proving that he would have gotten the promotion without the lie would be hard road to go down from a legal standpoint. ... Read More

Your facts seem to establish a situation where harassment is present.  It also seems like you can point to actual damages as well (based on a pay decrease, possible late fees as a result, etc).  You should definitely seek out the assistance of a lawyer to discuss the specifics of each incident that you describe above and moving forward on filing a claim or a discrimination action. ... Read More

You are entitled to be paid for each day you actually worked.  The fact that she gave you a paid vacation prior to this is not relevant, especially if you are entitled to paid vacations with this employer.  You should probably speak to an attorney can consider filing a wage claim with your state Department of labor... Read More

Unless you have been cheating on your income taxes, you'd better provide them.  If you don't want to follow your lawyer's advice, get your own law degree.  Then you'll have a fool as a client.  You're paying him for that advice. Don't ignore it.   Michael Caldwell 404-979-3150... Read More

Whether you are entitled to unemployment benefits would depend on the amount of money your pay would be reduced by under the new position.  Each state is different so you would have to check with your state unemployment agency to see whether you would qualify.  You should also have an attorney review the release and severance agreement they will give you if you do not accept the new position... Read More

The answer to your question depends on how severe and frequent the harassing acts are, and why the employer is harassing you.  If it is based on an illegal motive such as your race, religion, etc., then the conduct may be illegal if it is severe and frequent enough.  If it is based more on personality issues or he is just a bad boss, then the harassment must be more extreme to give you a legal claim You should review your case with a lawyer... Read More

You can be treated differently if the true reason was that the company believed you did not do well.  If you agree that perhaps your performance was not the best, the next question is, as you have asked your employer, did others have similar performance issues, and if so, were others with alleged performance problems also asked to work a different job.  The problem you will have with this, however, is that unless you file a charge of discrimination, the employer will not tell you what happened to other employees.  They would have to provide whatever evidence they have as to your performance. If you feel that there were others with performance problems and not treated as you were, and they were of a different classification than you in terms of race, gender, etc., then it may be worth filing with the EEOC.  You should first speak with an attorney about this in your area... Read More

If you live in a state which has passed a "right to work" law, you do not have to become a member of a union in order to either be hired for a job or to keep the job once you are hired.  Otherwise, when you become a member of a union may be a matter of the contract between your employer and the union representing employees at the facility.... Read More

If you are terminated for anything other than willful misconduct, then you will be entitled to receive unemployment compensation. However, if you resign, you will not be eligible. On the other hand, it will assist you in finding new employment if you can have a good letter of reference. Therefore, I would try to get your current employer to write you a letter of reference as a condition of your "resigning" instead of being terminated. That would be a win-win situation for both sides: the employer would not have his unemployment account charged, and you would not have a black mark on your employment history, and with a letter of reference, you will have a better chance of finding a new job.... Read More