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Indiana Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Personal Injury for Indiana on
Q: Can forced resignation affect unemployment or severance on workers' comp in Indiana?

I am an employee of the Indiana state government and currently working while under a doctor's care for an injury sustained at work. Despite being on workers' compensation since January 2025, I am being subjected to a forced resignation due to a bi-annual budget reduction of 30%. There... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

Your question seems simple but the analysis is rather nuanced. The specific nature of your injury and your restrictions are important. It is extremely unusual for an Indiana employer to agree to accommodate restrictions for 4 months. If you are unable to work or your restrictions prevent you... View More

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2 Answers | Asked in Employment Law and Personal Injury for Indiana on
Q: Can I sue the bar for negligence and wrongful termination after reporting drug use?

I reported to my manager that a coworker was using intravenous drugs in our bar's employee restroom. Despite my reports, no action was taken. I kept a bloodied toilet paper roll used by the employee as evidence. I was terminated about three weeks after my last report, and the manager indicated... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question of suing for negligence (relating to the "Personal Injury" category of the post), I believe your remedies for any type of injury would generally be limited to workers' comp... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for Indiana on
Q: Can a company take vacation time as workers' comp days and terminate employment in Indiana?

Can a company in Indiana deduct my vacation time to cover days while I'm on workers' compensation and terminate my employment after issues with those deductions? My employer took five days of PTO while I was on workers' compensation. HR said there's nothing they can do about... View More

Charles Candiano
Charles Candiano
answered on Mar 23, 2025

Your question is confusing. I don't know whether you're saying that you were paid for the 5 days or not. In Indiana, the employer doesn't have to pay you For the first 7 days unless you are off work for 21 days or longer due to your injury. If your injury was disputed and/or you... View More

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2 Answers | Asked in Employment Law, Car Accidents and Personal Injury for Indiana on
Q: Who is responsible if an HVAC employee is injured in a company vehicle on the way to a service call?

I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More

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1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Indiana on
Q: Legal protections for Indiana bus driver assaulted by student

I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More

1 Answer | Asked in Employment Law, Antitrust, Civil Rights and Libel & Slander for Indiana on
Q: Is the noncompete agreement I signed enforceable?

I was employed as a music instructor. The company I was working for required me to sign a NCA upon accepting the job offer in 2015. I was terminated Aug. 2023. The owners cited restructuring. I later found they were alleging misconduct. The Department of Workforce Development determined there was... View More

James L. Arrasmith
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answered on Jun 3, 2024

The enforceability of a noncompete agreement can depend on several factors, including state laws and the specific circumstances of your case. Given your situation, there are a few key points to consider. First, the fact that the Department of Workforce Development found insufficient evidence for... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Indiana on
Q: I was terminated before I started a job

After selling or giving away much of our personal effects and furniture, accepting an offer on our home, I received a call late Friday that the hiring manager is no longer with the company and the job offer I had signed has been rescinded and terminated.

The feelings I have rushing through... View More

T. Augustus Claus
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answered on Nov 15, 2023

Many people have had their job offers rescinded, often for reasons beyond their control.

There are a few reasons why a company might rescind a job offer. One reason is that the company may have lost funding or had to make layoffs. Another reason is that the company may have found a more...
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1 Answer | Asked in Employment Law for Indiana on
Q: I was fired due to an employee's near accident involving steel coils. What are my legal options?

I was recently fired from my job of 25 years because an employee I had previously expressed concerns about almost dropped steel coils on himself. My employer said this incident was the reason for my termination. I had gone to my employer before because of this person's behavior. Are there... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like your termination may be linked to a workplace safety concern, and if you had raised issues about the employee’s behavior before, you might have grounds for wrongful termination. Employers are generally prohibited from firing an employee for raising legitimate concerns about safety,... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Is it legal for my employer to deduct 8 hours of PTO for a 6-hour shift?

I work a 6-hour shift at my job. I recently put in for a PTO day, but my employer deducted 8 hours from my PTO balance, saying this is their policy. I don't understand how it's legal for them to take 8 hours for a shift that is scheduled for only 6 hours, especially since my PTO is... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds frustrating that your employer is deducting 8 hours of PTO for a 6-hour shift, especially since your PTO is based on the hours you work. While it may seem unfair, the legality of this practice depends on the company’s policies and how they’ve structured PTO accrual. In many cases,... View More

1 Answer | Asked in Employment Law and Contracts for Indiana on
Q: Can employer in Indiana withhold final paycheck for unpaid equipment?

In Indiana, my company has a policy that employees acknowledge regarding deductions for company equipment. If an employee leaves before fully repaying these deductions, can the remaining balance be withheld from their last paycheck, given that they signed a form acknowledging the policy, terms, and... View More

James L. Arrasmith
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answered on May 15, 2025

In Indiana, an employer generally cannot withhold a final paycheck for unpaid equipment or other deductions unless there is a specific written agreement or policy that both parties agreed to. While the employer may have a policy stating that equipment costs will be deducted from the employee's... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Is it legal for my employer to demote me to move my position overseas for cost savings?

I have been working for Concentrix, a call center company, for 7.5 years. About 3 years ago, I officially received the position of RTA, which I had been doing in some aspect the entire time. However, less than a year after settling into the role, the company decided to move all RTA positions... View More

James L. Arrasmith
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answered on May 15, 2025

What you're going through is deeply unfair, and you're not wrong to feel frustrated and devalued. After dedicating 7.5 years to a company—and officially being recognized for your contributions as an RTA—it’s a serious blow to be demoted purely for cost-saving reasons. When a company... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence, Employment Law and Real Estate Law for Indiana on
Q: Threatened by roommates; can't get off lease. How to proceed legally in IN?

I abruptly moved out of my lease in September last year due to my roommates threatening my life over text and behaving aggressively. I have documented proof of these threats. The property management initially instructed me to send them the proof to remove me from the lease, which I did through text... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re going through is deeply serious, and you deserve to feel safe and protected—especially with a child involved. When there are documented threats, drug activity, and violence, your safety takes priority over lease technicalities. Indiana law may allow early lease termination in cases... View More

1 Answer | Asked in Employment Law, Contracts and Civil Rights for Indiana on
Q: Seeking dispute options for relocation fee and contract post-termination.

I was terminated from my job on April 16th without a formal warning, despite having initially been offered a performance improvement plan. There was a verbal agreement about this plan, but in a second phone call days later, I was terminated for the same offense. When I was first hired, I gave... View More

James L. Arrasmith
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answered on May 14, 2025

You don’t have to accept a relocation‐repayment demand that the contract never clearly tied to a no‑cause termination.

First, review your relocation agreement for any ambiguity around termination without cause; if it doesn’t say you owe money unless you quit for personal reasons,...
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1 Answer | Asked in Domestic Violence, Child Custody, Child Support, Employment Law, DUI / DWI and Family Law for Indiana on
Q: Worried about custody after no-contact order ends with husband (IN)

I'm concerned about what to do after a 10-day no-contact order with my husband ends, as I fear he might try to take our young daughter out of the house. He previously attempted to drag me out of the car while our toddler watched. I haven't filed for custody or a protection order yet, but... View More

James L. Arrasmith
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answered on May 14, 2025

vYour safety and your child’s well-being come first, so it’s important to act quickly and thoughtfully. If you fear that your husband may try to take your daughter or put her in danger after the no-contact order ends, you should strongly consider filing for a protection order that includes both... View More

1 Answer | Asked in Employment Law for Indiana on
Q: What are Indiana's rules for post-accident drug test sample collection?

In the private sector, does an employer have specific requirements when collecting samples for post-accident drug tests? I am at an at-will employment and have concerns because the sample was collected by my supervisor, and I'm not familiar with the policies in Indiana. Can you provide... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your concerns are completely valid, especially when it comes to how a post-accident drug test is handled. In Indiana, private employers do have broad authority to conduct drug testing, but there are still expectations around **professionalism, privacy, and chain of custody**. Typically, drug test... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Fired in Indiana after submitting FMLA leave and restrictions for scoliosis. What are my options?

In Indiana, I was fired after submitting my FMLA leave and my restrictions for scoliosis to my boss. I was employed with the company for 3 years. My employer did not provide a reason for my termination, and they stopped communicating with me after I submitted my FMLA request. There were colleagues... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your situation, it’s important to understand that the Family and Medical Leave Act (FMLA) provides job protection for employees who need leave for medical reasons, like your scoliosis. If your employer fired you after you submitted your FMLA request, especially without providing a reason or... View More

1 Answer | Asked in Employment Law and Public Benefits for Indiana on
Q: Can my employer in Indiana fire me for an old felony being discovered in a background check, despite starting the expungement process?

I have a 33-year-old felony class D record that I thought was reduced to a misdemeanor, but I just found out it is still a felony when I started a new job last month. My employer at the Food Stamp/Medicaid office did not ask about felonies, only if I would be willing to be fingerprinted and undergo... View More

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answered on Apr 13, 2025

Based on Indiana employment law, your situation presents some nuanced legal considerations. In Indiana, as an at-will employment state, employers generally retain broad discretion to terminate employment for nearly any reason that doesn't violate specific legal protections. While there are... View More

1 Answer | Asked in Employment Law and Business Law for Indiana on
Q: Can a privately held company deny employee access to board meeting minutes?

I work as a registered nurse at a privately held company that is not being transparent about its potential closure. If I request the meeting minutes from the board meeting where this topic was discussed, is my company legally allowed to deny my request? There have been no past instances of similar... View More

James L. Arrasmith
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answered on Apr 12, 2025

In a privately held company, board meeting minutes are generally not considered public records and may not be accessible to employees unless explicitly granted by the company. As a registered nurse, you may not have an automatic right to request these minutes unless it’s part of your job... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: Can being overlooked for a promotion due to lack of a degree be considered discrimination?

I have worked for my company for 20 years and applied for an internal manager position. Despite being a seasoned leader, the company hired an outside candidate with a degree. I am currently back in college and feel unfairly overlooked as the company has previously promoted individuals without... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you feel overlooked, especially with your extensive experience and leadership within the company. However, being passed over for a promotion due to a lack of a degree doesn’t automatically qualify as discrimination. Companies often set specific qualifications for... View More

1 Answer | Asked in Juvenile Law, Employment Law, Traffic Tickets and Public Benefits for Indiana on
Q: Legal options for managing son's destructive behavior and driving citation in Indiana.

I am seeking legal advice concerning my 17-year-old son who has been diagnosed with mental illnesses and exhibits destructive behavior at home. Police have been involved multiple times but say they can't take action unless he harms himself or others. He also received a citation for driving... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—it’s incredibly difficult to watch your child struggle while feeling like your hands are tied. When a 17-year-old is exhibiting dangerous or out-of-control behavior and refusing help, it places an enormous burden on the whole family. In Indiana,... View More

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