Indiana Employment Legal Questions

The judge likely believes that the Department is immune from liability pursuant to § 34-13-3-3.  It would be wise to retain counsel to build the argument that your particular claim is not subject to governmental immunity.  Most governmental non-proprietary decisions are immune.   It is also common for people to sue the wrong entity -- political subdivisions are not generally proper defendants, and quite a bit of research is generally required to be sure to sue the right government body.      ... Read More

If he has a copy of the short term disability plan he can submit his claim directly to the insurance company.  If his short term disability is funded by his employer then he can submit all his medical records directly to the employer or third party thag handles the std.  if you can not get any disability information then you must send a certified letter via us mail requesting a copy of the disability plan documents.  ... Read More

If your employer is changing clock time in an effort to avoid paying you for hours worked, it is likely a violation of both Federal and State law.  For example, if your employer is changing clock time to avoid paying overtime hours, that would be a violation of the Fair Labor Standards Act.  If you and your co-workers are being cheated out of time, and therefore money, you should contact an employment attorney to assist you with the recovery of your wages.  Most wage and hour laws allow for the collection of attorney's fees from the employer, so there is no cost to you.  If you would like to discuss your case in more detail, please feel free to give me a call.... Read More

The short answer is NO.  Unless you are a salaried, exempt employee, your employer must pay you your hourly wage for every hour worked up to 40 hours in a given week.  If you work more than 40 hours, your employer must pay you time and half for every hour worked, over 40 hours.  For example, if you make $10 per hour and work 60 hours in a week, your employer must pay you for 40 hours times $10 = $400.  Plus 20 hours at $15/hr = $300, for a total of $700.  Failure to do so may be a violation of the Fair Labor Standards Act, which subjects your employer to liquidated damages plus attorney's fees.... Read More

Dear Anonymous,   I would assume that your employer had a policy that prohibited your supervisor from sharing pornographic texts.  When you spoke up and threatened to report your supervisor, he retaliated by taking an adverse employment action against you.  Although you did not report the texts to anyone, you may still have a case, as it was a supervisor who was engaging in the prohibited conduct.  A corporation can be held vicariously liable for the actions of its managers, even if it can show that it had no knowledge of what the manager was doing.  I would recommend that you file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).  There are time limitations for filing a Charge, so you should act immediately.  You cannot sue your employer without first filing a charge with the EEOC.  If you have questions about filing a charge of discrimination or the EEOC process, please feel free to contact me for a free consultation.   Very truly yours,   Chip Clark ... Read More

Dear Mr. Ransom,   It is possible that your employer has discriminated against you in violation the Americans with Disabilities Act (“ADA”), and/or the ADA Amendments Act of 2008 (“ADAAA”).  In order to determine whether or not you may have a claim against your employer, I would need to get some additional information from you about your disability, the specific job requirements, and whether your employer engaged in a interactive dialogue with you to try to reach a reasonable accommodation for your disability.  You can contact me for a free consultation by calling (317) 843-2606.     Best,   Chip Clark  ... Read More

Dear Anonymous,   It sounds like you may have a claim for unpaid wages.  If the amount is more than $30 but less than $6,000 you can file an online wage claim through the Indiana Department of Labor.  Here is a link to their online wage claim form.   Best,   Chip... Read More

Dear Anonymous,   It sounds like this employer crossed the line when asking you about your marriage status and family plans.  If you believe you have experienced discrimination in the hiring process with this employer, you should report it to the Equal Employment Opportunity Commission (EEOC).  The number for the Indianapolis office is: 1-800-669-4000.  If you decide to file a Charge of Discrimination, or if you have additional questions about the process, please reach out to me for a free consultation.   Best,   Chip Clark... Read More

Dear Anonymous,   This sounds like it could be pregnancy discrimination.  Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.  If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.  The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. Please feel free to call me to discuss your case in more detail.   Very truly yours,   Chip Clark... Read More

Dear Anonymous,   It is not illegal to fire an employee because they don't get along with their director.  However, it is illegal to fire someone for applying for FMLA.  The difficulty often is proving that the reason you were terminated was because you applied for FMLA and not some other pretextual reason offered by the employer.  If you believe you have been discriminated against for excercising your right to Family Medical Leave, you should file a Charge of Discrimination with the EEOC.  There are deadlines for filing a charge.  If you have additional questions or would like to speak with a employment attorney, please feel free to give me a call.   Chip Clark... Read More

Dear Anonymous,   The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964.  Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.  Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work. The Affordable Care Act, P.L. 111-148 § 4207, amended section 7 of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(r), to require employers to provide nursing mothers with reasonable break time and a private space for expressing breast milk while at work. The new law reflects the reality that in today’s workforce, many women are combining caregiving responsibilities with work. The nursing mothers law will enable many of these women to continue breastfeeding their child after they return to work by ensuring that they have break time and a space for expressing milk while at work.The nursing mother break time requirement became part of the FLSA when the Affordable Care Act was signed into law in March 2010.  If your employer is not complying with these laws, you should file a Charge of Discrimination with the United States Equal Employment Opportunity Commission (EEOC) which is the Federal agency that investigates and enforces compliance with these laws. If you have additional questions, you should contact an experienced employment attorney to discuss your rights. Best, Chip  ... Read More

Dear Anonymous, Here is a link to blog that I had previously written on this very issue.  The question that you raise is whether or not you are considered "exempt" from the overtime requirements of the Fair Labor Standards Act ("FLSA").  For all "non-exempt" employees, the FLSA requires that employers pay overtime in the amount of 1.5 times the hourly wage for every hour worked over 40 hours in a given work week.  However, simply paying an employee a salary, rather than hourly, does not mean that they are exempt.  One factor to be considered is the amount of your salary.  In fact, last year the United States Department of Labor's Wage and Hour Division raised the white collar exemption from $23,660 to $50,440 per year.  In other words, if you are making a salary less than $50,440 per year, there is a chance that you are not exempt from the overtime requirements of the FLSA, and you may be entitled to overtime pay. The amount of your salary is not the only factor that is considered.  Other factors include:  the level of education required for your position, and whether you have management responsibilities. Some examples of exempt employees are attorneys, teachers, and outside salespeople.  However, it has also been determined by the courts that some occupations that require a lot of education, like pharmacists, are not exempt from the FLSA's overtime requirements.  Therefore, the best way to determine whether you might be entitled to overtime pay is to talk to an experienced employment attorney. Best, Chip Clark... Read More

Dear Ms. Pinkstaff,   I would recommend that you file a charge of whistleblower retaliation with the Indiana Department of Labor ("IDOL").  Here is a link to their whistleblower complaint form.  If you have further questions, please feel free to contact me.   Very truly yours, Chip Clark... Read More

Dear Anonymous, Failure to pay wages is a violation of the Indiana Wage Statute and can result in liability for the unpaid wages, as well as liquidated wages up to two times the amount of the unpaid wages, and attorney’s fees (Indiana Code § 22-2-5-2).  This would be true for all of the aggrieved employees who worked this employer.  If you would like to speak to an Indiana employment attorney, please call for a free consultation. Chip Clark  ... Read More

Dear Anonymous,   The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.  In your case, a reasonable accommodation might include an adjustment in your schedule so that you are not driving in the dark. Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide. If you have questions, or would like to speak to an experienced employment attorney, please call for a free consultation.   Chip Clark... Read More

Dear Anonymous, You can not sue your employer directly for a safety issue such as you describe.  However, if your employer is not providing you with safety equipment as required by state law, they may be in violation of the Indiana Occupational Safety and Health Act (IOSHA). Here is a link to the Indiana Department of Labor IDOL's website where you can file a complaint against your employer.    Best, Chip Clark... Read More

Dear Ciara,   Unless you are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), your employer is required to pay you 1.5 times your regular hourly rate for any hours over 40 that you work in a specific week.  If you have specific questions, you can call me and I will do my best to answer them.   Best,   Chip Clark... Read More