INDIANA EMPLOYMENT LAW
The association between employees and employers in Indiana falls under Employment Law (also known as Labor Law). This area of law includes many issues such as hiring and termination practices, sexual harassment, disability law, wages and hours, wrongful termination and health and safety are all relevant in employment law. Employment law complaints in Indiana should be directed to the Indiana Department of Labor.
An Indiana employment attorney should be hired to help with complicated cases, and those that require the compilation of vast amounts of evidence, such as those involving discrimination and wrongful termination. However, an Indiana employment lawyer is generally recommended to answer any employment law questions or concerns you may have.
Why Hire An Indiana Employment Attorney?
State and federal law often interact in Indiana wrongful termination and employment law cases, often in a complicated way. The relationship between federal and state law must be convincingly asserted and investigated with great attention to detail to ensure success. An Indiana employment attorney can help you understand the legal complexities of your employment law case, help you file a claim for unpaid wages with the Indiana Department of Labor, fight against your wrongful termination, argue your discrimination claim, and help you determine whether your claim is frivolous and a waste of your assets.
Further, filing a wrongful termination claim can be challenging for an employee because it by necessity involves the employee having to deal with his former employer. An employment attorney can ease some of the stress in a wrongful termination case by communicating with your former employer and giving you advice on how best to recover for your claim.
Wrongful Termination In Indiana
Employment in Indiana is “at will.” “At will employment” means that employees can leave their jobs at any time and the employer can terminate his employees for any reason or no reason, and at any time. In some states, if an employee has an employment contract that specifies reasons why an employee may be terminated, he may only be terminated for reasons listed in the contract. However, in Indiana, the mere fact that there is an employment contract is not enough to overcome the presumption of at will employment.
An Indiana wrongful termination lawyer can answer all of your wrongful termination questions. Claims for “wrongful termination” in Indiana can be filed if an employer fires the employee for an illegal or discriminatory reason. Indiana employees may not be terminated for:
If an employer fires a worker for discriminatory reasons, he is acting illegally. Federal and Indiana law do not permit employers to terminate employees based on discrimination. For example, if an employee is experienced and qualified for a job, he cannot be fired because of his age or disability. If pregnancy is seen as a disability, the employee cannot be terminated because of her pregnancy. Additionally, workers cannot be fired because of their sex, religion, race, or national origin. Contanct an Indiana wrongful termination attorney if you believe you have a claim for wrongful termination.
Employee Wage/Hour Concerns In Indiana
In Indiana, the minimum wage is $7.25 an hour and has been since July 2009. Employees in Indiana may be paid bi-weekly or semi-monthly. If you are not paid your wages, or if you are underpaid, you should complete and file an “Application for Wage Claim” with the Indiana Department of Labor. An Indiana employment attorney can help you complete and submit this form.
Working overtime in Indiana is working more than 40 hours a week. If you work more than 40 hours a week you are entitled to time-and-a-half pay. Standards for overtime are set forth in the federal Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division. Discuss your claim for overtime pay with an Indiana employment lawyer, and file your claim for overtime wages with the nearest regional office of the federal U.S. Department of Labor, Wage and Hour Division.
Speaking with an Indiana employment lawyer, if you have questions about employee wages, unpaid wages, or unpaid overtime, is advised.
Indiana Employment Benefits
Indiana law does not mandate that workers in Indiana get sick leave, paid vacation days, medical benefits or life insurance. Meal breaks also are not required for Indiana employees unless they are minors. Under The federal Family and Medical Leave Act (FMLA), expectant mothers are entitled to 12 weeks of unpaid maternity leave in Indiana, even though there is also no short-term disability or paid maternity leave required under Indiana state disability law.
Although Indiana disability law does not cover short-term disability for employees who are injured or whom become ill outside of work, disability law does cover employees who are injured or become ill on the job or in work-related accidents. Injured employees will receive compensation for their work-related illnesses or injuries dependent on the type of injury and the classification of the injury. Get in touch with an Indiana workers’ compensation attorney if you have been injured at work or have developed an occupational disease.
Indiana Employment and Labor Law Statutes
Indiana Code - Labor and Safety
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