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February 2012 Archives

Employment and wrongful termination

There are actually few laws that require Indianapolis employers to be fair when it comes to wrongful termination of an employee from his position - or be fair regarding a number of other employment related matters. Most individuals are at-will employees without any stipulations in our employment contract that can guarantee employment for any particular length of time.

Sexual harassment and OSHA

It has been suggested that sexual harassment at the workplace in Indianapolis or other localities could be a recognized hazard under OSHA standards. Employees upset or distracted by the actions of others construed to be sexual harassment will also be more susceptible to accidents and mistakes on the job.

Pregnancy and job discrimination

According to the Equal Employment Opportunity Commission (EEOC), discrimination by employers against pregnant women has been prevalent and has resulted in more than $150 million in damages awarded. Despite the Pregnancy Discrimination Act being passed in 1978, such employment discrimination continues among all classes and especially among low-income women. It also occurs in every state including Indiana.

NLRB says employees have right to sue collectively

A National Labor Relations Board (NLR B) in a recent 2-0 decision rejected arbitration language requiring the employees waive class-action rights. An essence, what this means concerning employment disputes is that workplace employment laws in Indiana and elsewhere will continue to take precedence over provisions of the Federal Arbitration Act.

Indiana right-to-work laws and the future

With Indiana passing the so-called right-to-work legislation, it's not surprising that employers and employees differ on the perceived benefits of such legislation. Employers feel that the new law will promote economic growth while employees tend to view the legislation as adversely affecting their economic wellbeing as they will have less union protection when it comes to wage and benefit disputes.

Employer retaliation and workplace discrimination

Though Indiana is defined as an "employment-at-will" state, the label is misleading. Employers are still obligated to follow certain rules when it comes to letting employees go. Laws restricting employers from retaliating against employees in a workplace setting have greatly increased over recent years. Such restrictions have come on both a state and a federal level.

Reported employment disputes on the rise

Whatever the cause, job discrimination complaints with the Equal Employment Opportunity Commission (EEOC) have gone up 2-years in a row. However, the most common employment dispute allegation for Indiana and other state's public and private employees has involved retaliation by employers against employees for the airing of grievances (the second on the list being racial discrimination).

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