Practice Areas
Wrongful Termination
It is illegal for an employer to discriminate in hiring, promotion, termination, and other aspects of employment based on the employee's race, national origin, sex, age, religion, or disability, or to retaliate against an employee for opposing such illegal practices.
Employment Law
Divorce and Family Law
Criminal Law
Business Law
Adoptions
Automobile Accidents
Business Enterprises
Business Litigation
Business Planning
Buying and Selling a Business
Child Custody
Child Support
Civil Rights Violations
A number of laws have been passed over the years to provide protections for civil rights guaranteed by the Constitution of the United States and the Amendments to the Constitution.
Contracts
Corporate Law
Disability Discrimination
The Americans with Disabilities Act ("ADA") protects employees from discrimination as a consequence of their disability. The ADA applies to employers having at least fifteen employees.
Non-Competition Agreements
It is not unusual for many employers to require their employees to sign non-competition agreements. Employers invest a substantial sum of money to develop a product or compile a client base, and these assets are extremely valuable. Companies want to be certain that employees who leave will not disclose confidential customer lists or trade secrets, or attempt to take away the employer's business.
Dog Bites
Drug Crimes
DUIDWI
Employee Contracts
Most often employees are hired "at will" with no written contract. In some circumstances, however, employees insist on a written contract before coming to work. This typically occurs where the employee has special talents or training, and the demand for the employee's services is strong. Many employees are not in an economically strong enough position to insist on an employment contract; however, a written employment contract is usually to an employee's advantage if one can be obtained. An employment contract must be carefully reviewed because it may contain provisions not in the employee's best interests. You should carefully review an employment contract with an employment lawyer who will advise you of potential pitfalls and concerns. Provisions pertaining to wages, commissions, bonuses, and other methods of compensation should be reviewed most carefully, as these areas often present problems when the employment relationship ends.
Estate Planning
Family and Medical Leave
The Family and Medical Leave Act ("FMLA") entitles qualified employees to take up to twelve weeks of unpaid leave per year for the birth or adoption of a child, because of the employee's own serious health condition, or for the care of an immediate family member with a serious health condition. The FMLA covers any individual or entity engaged in commerce that employs fifty or more individuals for each working day during each of twenty or more calendar work weeks in a year. The fifty or more employees must be working within 75 miles of the employee' work site.
Equal Pay
The Equal Pay Act ("EPA") is a federal law which requires an employer engaged in commerce to provide equal pay for men and women who perform equal work, unless the difference is based on a factor other than sex. The EPA is a part of the Fair Labor Standards Act, another federal law governing wages and hours of work. To make a claim under the EPA, an employee must show that the work he or she performed was substantially equal to the work of an employee of the opposite sex, that the work was performed at the same business, and that the employee's pay rate was less than the pay rate of employees of the opposite sex who performed the same work. Claims must be filed within two years if the violation was unintentional, and within three years for a willful violation. An employee is entitled to back pay and benefits for a non-willful injury, but if the employer willfully violates the law, the employee may receive additional damages known as "liquidated damages."
Limited Liability Companies
Nursing Home Abuse
Overtime Pay
The Fair Labor Standards Act ("FLSA") requires an employer to pay non-exempt employees at the rate of 1½ times their regular hourly rate of pay for any hours they work over 40 hours in a week. (This is considered overtime pay.) The law only requires overtime pay when an employee works more than 40 hours in a week. An employer may require an employee to work more than eight hours in a day, but overtime is only paid if the total hours worked exceeds 40 hours in a week.
Wage Claims
In Indiana, an employer who fails to pay an employee the wages he is due on a timely basis may be liable to that employee for double the amount of wages due as a penalty, together with reimbursement of attorney's fees and costs. An employer cannot withhold an employee's pay to punish an employee or to retaliate against an employee for quitting his job. If pay is earned, and due and owing, an employer must pay the employee properly and within ten days of the date that the pay is due.
Partnerships
Personal Injury
Probate
Sexual Abuse
Sexual Harassment
Slip and Fall
Small Business
Starting a Business
Traffic Violations
Trucking Accidents
Trusts and Estates
Unemployment Compensation
If you become unemployed through no fault of your own, you may be eligible for unemployment compensation benefits from the State of Indiana. If you leave a job because of threats, unsafe working conditions, harassment, discrimination, or substantial changes in your working conditions, you may still qualify for unemployment benefits. On the other hand, if you voluntarily quit, or you are fired for misconduct, you may lose your eligibility for unemployment benefits.
Visitation Rights
White Collar Crimes
Wills
Workers’ Compensation
In Indiana, if you are injured on the job, you may be eligible for medical, rehabilitation and income benefits provided by your employer. Most employers are required to have workers’ compensation insurance, and you are covered by workers’ compensation as soon as you begin your job.
Wrongful Death