Indiana Employment Legal Questions

It depends whether you are an exempt or non-exempt employee. If you are non-exempt, your employer will have to pay you for the extra hours that you are working and treat that as overtime in excess of 40 hours per week and pay you time and one-half. On the other hand, if you are exempt, the employer can make you work on Saturdays and not pay you. Whether you are exempt of non-exempt depends upon how much you earn and your job duties. I suggest that you contact an experienced employment attorney to examine your situation.... Read More

Both you and your employer have potential liability for failing to make tax withholding. Also, under Labor Code Section 203, you are entitled to penalties for late payment of wages after you separate from your employment for to 30 days wages. Under the Labor Code, if you are terminated you must be paid within 24 hours and if you resign you must be paid within 72 hours. If not, your wages will run as a penalty for up to 30 days.... Read More

There is a doctrine known as constructive termination. It provides that if conditions are sufficiently unbearable that a reasonable person would quit, then they are eligible for unemployment. Employer can and usually does challenge claim and it becomes a question of fact for the Administrative Law Judge.... Read More

You must file a complaint either with the Oregon Bureau of Labor and Industries or the US Equal Employment Opportunities Commission, and you must do so within 180 or 270 days, depending on where you file. You should contact a lawyer first, however, so that he or she can help you fill out the forms.... Read More

The first thing you need to do is contact your employer and tell them about your interest. You probably should even put in an application directly in response to the ad, and also inform your former employer directly. With your recent experience with the company, you might be an attractive candidate, and you need to make absolutely clear to them that you are interested in the advertised position. You might possibly have the start of a case, but you have to work out a lot of details. Is the job in the nearby city a different franchise? Does one hand know what the other is doing? Have you expressly made your interest in the other position known? Is your work record good? Ordinarily laying off by seniority is a defensible practice, but it is possible that you could be a victim of age discrimination if all the pieces fit together.... Read More