Indiana Wrongful Termination Legal Questions

Know that an employer has no obligation to extend FMLA benefits beyond your end date. Return to work if possible. If not, do you have any short term disability benefits? Also, if you can do your job but need an accommodation (a midday break to take medications for instance) ask your employer if they can accommodate. But, you MUST be able to do your job. ... Read More

First, you have a worker's compensation case and should speak with an attorney for that matter asap.  Second, to determine if you have a claim for the termination will require more facts.  Unless you are employed under certain terms (contract), Indiana is an employee-at-will state.  You can be terminated for any reason as long as it was not solely discriminatory (i.e. age, race, gender, disability).  ... Read More

Dear Anonymous,   In Indiana, employers are entitled to require employees to get flu shots.  Since Indiana is an "at-will" employment state, an employee that refuses to be vaccinated can be terminated, with some limited exceptions.  For example, if your objection is based on deeply held religious convictions, you may have an argument that your employer is engaging in religious discrimination, by requiring you to get the shot.   Chip Clark... Read More

Dear Anonymous,   The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of mental and/or physical disability.  The ADA also imposes an obligation upon employers to provide reasonable accommodations to disabled employees in need of assistance in doing the essential functions of their job.  If you requested a reasonable accommodation based on a recognized disability, then your employer is required to engage in an "interactive process," to explore the possibility of an accommodation being available.  I would recommend that you contact the Equal Employment Opportunity Commission to discuss your case and file a Charge of Discrimination.  Here is a link to some additional information regarding disability discrimination. If you have any questions, please feel free to contact me for a free case evaluation.   Chip  ... Read More

Dear Anonymous, The Age Discrimination in Employment Act ("ADEA") prohibits discrimination on the basis of age (over 40).  However, age discrimination cases can be difficult to prove because employers can often come up with a "legitimate business reason" for letting you go.  Your situation creates and interesting question because you were re-hired and then terminated a second time.  It sounds as though you were certainly discriminated against on the basis of your age the first time you were let go.  The fact that your job was not "eliminated" and you were replaced by someone much younger is proof of that discrimination.  However, without having additional information, it is difficult to say whether you were again discriminated against when you were terminated the second time.  In order to properly evaluate your legal rights, I would also need to review the "no lawsuit agreement" that you were required to sign.  It may or may not restrict your legal rights, but if your employment was contingent on signing such an agreement, I am suspicious of your employer's intentions.  If you would like to discuss your case in more detail, I am an age discrimination attorney, and would be happy to provide you with a free consultation.   Chip Clark... Read More

Indiana is an "at will" employment state, which means that your employer can fire you for any reason.  However, they can not fire you for a discriminatory reason, such as your race, color, national origin, gender, or age (over 40).  Employers will often give a non-discriminatory reason for termination, but they don't have to.  If you think that you were fired for a discriminatory reason, you should speak to an attorney that practices in the area of employment discrimination.  The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination.  The website for their Indianapolis office also contains some excellent information regarding an employee's rights, and can be found here.... Read More

Indiana is an "at-will" employment state.   Simply stated, your employer can fire you for any reason, as long as it is not on the basis of race, color, religion, national origin, age (over 40), sex or other retaliatory reason.  Your arrest for battery, even though there has been no determination of guilt, would be a legitimate reason for termination.... Read More

Indiana is known as an "at will" employment state.  As such it is legal for an employer to terminate, or in your case "suspend," an "at will" employee for any reason.  It just can't be for the WRONG reason.  For example, it is illegal to discriminate against an employee on the basis of race, gender, age, national origin or other protected class.  However, your employer may give you a stated reason for the suspension or termination such as budget cuts or some other legitimate business purpose.  However, if similarly situated employees, not of a protected class, are treated differently, it could be that the employer did violate federal law for discriminating against members of a protected class.  If you believe you have been discriminated against based on your age, national origin, race, or sex, you should contact your local Equal Employment Opportunity Commission.  If you have further questions about employment discrimination, contact an Indianapolis personal injury attorney to discuss your case and find out about your options.... Read More

Based on the very limited information that you have provided, it would appear that this could be a letter indicating that you are eligible to receive unemployment compensation benefits.  It suggests that your employer challenged your claim for unemployment on the basis that you were terminated for "just cause," because you were "insubordinate" to a supervisor.  However, that allegation could not be substantiated. If you have additional questions, or would like to speak to an Indianapolis Personal Injury attorney directly, you can contact me by phone or email by clicking here.... Read More