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Employment Disputes Archives

Non-compete, severance agreements require detailed attention

It is not uncommon for a high-level employee or manager at a company in Indiana to have an employer contract. Non-compete agreements and severance agreements are also fairly common. An attorney can help you to protect your interests when you are dealing with these types of legal documents.

Legal relief available for Indiana employees

A breach of contract occurs when a party to a contract fails to fulfill obligations set forth in the agreement. The breach may take various forms, and the adversely affected party may be entitled to legal relief. Under the law, a party may seek to recover damages resulting from the breach, specific performance of the contract, or cancellation of the contract and restitution by the breaching party.

Understanding employee rights at the workplace

Indiana employees may be wondering what their employee rights are when it comes to issues like wages, overtime and lunch breaks. According to Indiana state laws, most work institutions are covered by minimum wage provisions by the federal law. In unique situations where a workplace is not covered under the federal law, the state's minimum wage provisions may still cover employee laws. If a job involves a situation where the employee also receives tips, they must be compensated at the state's minimum wage rate of $2.13 an hour. As long as their tips equal that rate, the employer has met the required conditions.

Workplace verbal abuse

Although no laws specifically address workplace verbal abuse, Indiana employers may still be held to be civilly liable in the event that such behavior is allowed to continue occurring in the workplace. The Occupational Health and Safety Administration's standards that the employer provides a safe and healthy workplace may be interpreted to cover verbal abuse.

What is a breach of contract?

Contracts are especially important in the corporate world. From business contracts that specify ownership of a company to employee contracts that lay out the terms of a person's employment, the necessity of having a variety of issues made legally binding by contract is undeniable. These agreements list obligations on the part of all parties involved, and when one of these parties fails to uphold their end of the agreement, they have effectively breached their contract and broken Indiana law.

Employees question non-compete agreement at Jimmy John's

Indiana residents might be interested to learn about a proposed class-action lawsuit that may be filed against the restaurant chain Jimmy John's, a sandwich shop. According to reports, Jimmy John's employees are required to sign an employment agreement that includes an unusual non-competition clause.

Indiana appeals court finds non-compete agreement does not apply

On Aug. 28, an Indiana Court of Appeals judge found that an employee did not violate a non-compete agreement with his former employer. The employee signed the non-compete agreement on Jan. 24, 2008, when he joined the company. The agreement would reportedly prevent him from working in a similar position in a similar field for two years after separation from the company. His employer fired him in October 2009 and allegedly offered his job back to him 10 days later. He returned to his original position without signing a new non-compete agreement.

Executive order addresses federal contractor practices

An Indiana employee dealing with a workplace challenge related to national labor laws may wonder whether standing up for personal rights will make much difference, especially when dealing with a federal contractor or subcontractor. Workers in such situations may find a boost in confidence based on an Executive Order signed at the end of July 2014. While the implementation of this order is due to take effect in 2016, contractors interested in obtaining or maintaining contracts may begin assessing issues such as employment disputes now.

Restricting non-compete agreements

Employment contracts in Indiana and across the nation sometimes include clauses that prevent a person from working for a competitor for 12 to 24 months after their employment with the current company ends. In the past, non-compete agreements mainly applied to the top brass at a company. But recently, many more companies are placing a stranglehold on workers to keep them from running out the door to competitors for as long as two years after they leave. Just some of the affected businesses can include hair stylists, tutoring companies and some types of sales. A woman noted that when she left the tutoring company, she was told that she did not even have the right to seek private clients.

Policy change costs workers sick time donations

Company policy at its best should aim to protect the interests of the business while still preserving the rights and requirements of the company's employees. A business cannot be successful without its workers, so it makes sense to take their needs into consideration. Unfortunately for many workers in Indiana, policies are often updated without due consideration of their repercussions, leading to employment disputes and bad feeling in the workplace.

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