Indiana Employee Rights
IN employee rights must follow a few specific federal mandates that protect workers as well as some state laws, such as the minimum wage law, that protects the livelihood of state residents. Many workplace safety and compensation laws are federally based, though there are likely to be supplemental Indiana laws that protect Indiana employee rights. Employee rights issues
Termination laws and IN employee rights
Under Indiana employee rights, workplaces have the right to terminate employees “at will” without providing reason to do so. The Indiana employee rights only extend to termination based on discrimination on age, race, national origin, religion or certain physical and mental disabilities. Indiana employee rights protect the right of the employee to be paid for accrued vacation pay, as well as the hours to that point up to the termination. An employer may not disqualify hours previously worked due to termination. It will be illegal for the employer to blacklist you, but there is no state enforcement of the anti-blacklist law. Indiana employee rights allow you to file civil suit against employers that defame you and you will work with an Indiana defamation/wrongful termination attorney when you have to deal with a blacklist issue.
What are the federal protections applicable to IN employee rights?
You will be allowed certain Indiana employee rights as a fulltime employee of an employer with a certain number of employees. The federal provisions, typically stated in the Family Medical and Leave Act and through enforcement and mandates by federal agencies, provide for leave benefits for new children, family emergencies and a number of other issues. Certain workplaces will also have health and safety protections, which are enforced through the Occupational Health and Safety Administration. Violations of federal workplace law are reported to the Department of Labor and violations of specific Indiana employee rights are reported to the Indiana DoL.
Do I have to join a union?
The Indiana “right to work” law, bans employers from forcing employees to join a union as a condition for employment. It is their Indiana employee right not obligation to join a union and pay the necessary dues. The labor organizations in question would require dues and fees and allegedly hurt the ability of the worker’s Indiana employee right to seek gainful employment. This law is enforced by the DoL but can also be subject to private action against the employer as needed.
Can I be drug tested under IN employee rights?
2% of the employees of any business or organization that has a contract with the state will be tested for any of five drugs, including PCP, cocaine, opiates, THC and amphetamines. Whether the employee is reinstated Is the decision of the employer and certain conditions will need to be made, including follow up testing, rehabilitation and educational classes on that drug. Consuming any drug during work hours on the employer’s premises will have severe penalties and will not be protected by Indiana employee rights.
IN employee rights on a local level
There are some conditions and other provisions about the Indiana employee right that some employees will have that is set by the employer and you should consult the county website for IN employee rights applicable to working in that county. There are a general set of Indiana employee right obligations, set by state and federal laws that have to be adhered to under all circumstances.
How do I know which Indiana employee right apply to my situation?
Though most of the Indiana employee right under the law is absolute, some professions or some that work below a minimum standard of hours or other status will have other Indiana employee right applicable their situation. Consult the employment document are well as an Indiana employee right attorney to determine the extent and nature of the rights you have to recourse against an employer.