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Indiana

Good and accurate records key to winning lawsuits early

11/01/2007

The sooner you resolve lawsuits, the better. That’s why it’s important to anticipate problems and plan for them. Take, for example, employee records. If you can easily produce statistical information on the race, sex, age or other protected characteristics of your employees, you often can persuade an attorney fishing for a lawsuit that the waters are empty.

Partial blindness may not be an ADA disability

11/01/2007

The ADA doesn’t cover all disabilities—only those that substantially impair a major life function. There are many conditions, though serious, that don’t qualify as ADA disabilities. One of those is partial blindness. As the following case shows, unless poor eyesight affects important aspects of daily life, it’s not a protected disability …

‘Name, rank and serial number’ still best bet for references

11/01/2007

The old adage “If you can’t say anything nice, don’t say anything at all” seems perfectly suited to employer-supplied references. If an employee is fired or quits in lieu of being fired, it’s a safe bet she will look for another job. It’s also a safe bet that her prospective employer will want to know what type of employee it may be getting. Don’t be in a rush to provide more than basic information for any former employee …

Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …

No unemployment comp for workers who quit to care for disabled family members

11/01/2007

Family and military leave laws require Indiana employers to accommodate employees dealing with certain family problems. But the law doesn’t stick employers with an unemployment compensation bill when employees quit after their protected leave expires. Thanks to a recent Indiana Court of Appeals decision, it is now clear that voluntarily quitting to care for an ill family member does not mean the employee is eligible for unemployment compensation payments …

Dismissed pathologists allege discrimination by coroner

11/01/2007

Two white pathologists have sued the Marion County coroner, alleging their terminations were based on race, not merit. The two were terminated eight months into a five-year contract. The coroner’s office gave no reason for the dismissals …

FedEx’s federal fallout lands in Indiana court

11/01/2007

FedEx Ground/Home Delivery drivers have filed suit in the federal district court in South Bend, claiming the delivery giant fired them in retaliation for exercising their legal rights. The California-based drivers, who operate single routes as contractors, have fought for years to obtain employment status with the company …

Teamsters-UPS deal means Indy employees may unionize

11/01/2007

UPS and the Teamsters have agreed to a pact that will increase wages and benefits by $9 an hour over five years. The agreement covers 238,000 employees and is the largest union contract in the country. More than half the increase will go toward pensions and benefits …

$15,000 convinces employee to drop complaint and leave

11/01/2007

A man who landed a job with the Penn-Harris-Madison (P-H-M) School Corp. after fleeing Hurricane Katrina has agreed to drop his race discrimination complaint in exchange for $15,000. As part of the agreement, the man will resign …

Discrimination claim dropped, retaliation claim goes to jury

11/01/2007

A cosmetology instructor in the state prison system will have her case heard by a jury after she convinced a judge her employer most likely retaliated against her for filing a race discrimination charge with the EEOC …