Employee Rights

Although Indiana is an “employment at will” state, there are many different laws that provide protections for employees.

Rights of Employees

Although Indiana is an “employment at will” state, there are many different laws that provide protections for employees. Indiana and federal law provides that you must be paid for your employment, and limit what your employer can deduct from your wages and its ability to change your pay without notifying you. If you have an employment contract, you may have specific rights to your employment guaranteed by the terms of your contract, including performance and incentive bonuses, stock options, and severance rights. In addition, several state and federal laws state that you must be treated the same as other employees regardless of certain protected characteristics.

What are my rights as an employee?

1. You have the right to be paid your wages on time and in full.

2. You have the right not to be discriminated against on the basis of your race, color, sex, religion, or national origin.

3. You have the right not to be discriminated against because you have a serious health condition or a disability.

4. You have the right not to be discriminated against because you are 40 or older.

5. If your employer has over 50 employees within a 75 mile radius of your place of employment, and you have worked for your employer for at least 1 year, you may have the right to up to 12 weeks of unpaid medical leave every year to deal with your own serious health issue or the serious health issue of a close relative.

6. If you work for the government, you may have the right to engage in public speech and affiliate with a political party without interruption to your employment.

7. You have the right to refuse to engage in illegal activity as part of your employment without being terminated.

8. You have a right to suffer a workplace injury or file a worker’s compensation claim without being terminated.

9. You have the right to work in a workplace free from illegal harassment.

10. You have the right to be able to do your job free from unwanted sexual advances or unwanted physical touching.

11. You have the right to be paid overtime wages if you are eligible.

How we can help you.

Both state and federal law provide multiple protections for employees in the workplace. However, whether or not an employer is subject to those laws and whether a particular employee can take advantage of those laws is determined on a case by case basis. Employers have a team of people, including lawyers and human resources employees, to help guide them through legal issues. You need your own team to help navigate this complex process. The attorneys at CLC can help you understand and enforce your rights.

If you feel your rights have been violated, you should do the following:

1. Document Everything.

Take notes during any meetings, and keep a journal of any communications or events that relate to the unfair treatment. Write down the names of people who violated your rights and those who may have witnessed events related to the violations of those rights. Be cautious, however, about making audio recordings, video recordings, or taking photographs in the workplace, without checking your employer’s policies first.

2. Complain to your employer according to its policies and procedures.

If you feel your rights have been violated, complain to your employer according to its policies and procedures. Be sure that you tell your employer not only that you are being discriminated against, but that you feel it is illegally motivated. Although not required, it is best to communicate any complaints in writing.

3. Save all relevant documents.

Save all relevant documents, emails, recordings, records of communication, phone logs, text messages, etc. related to your employment and the violations of your rights.

4. Don’t Quit.

Your job is important to you, and you should not be forced out because your employer is not following the law. Call CLC, and we will help enforce your rights.

Let’s talk about how we can help: