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State Employment Law Articles
Article Index » indiana: 10 Most Recent Articles
Report Link Indiana Court Rejects Negligence Suit Brought By Murder Victims’ Estate.
Ogletree Deakins - September 02, 2008
A state appellate court recently ruled in favor of an employer whose employee left a job site in the middle of a shift, drove several miles away in his personal vehicle, broke into a home, and murdered two residents. According to the Indiana Court of Appeals, because the harm caused by the employee was not reasonably foreseeable, the employer was not responsible for negligently hiring and retaining him.
Report Link Ineligible Worker May Sue Based On Handbook Provisions.
Ogletree Deakins - September 02, 2008
The Seventh Circuit Court of Appeals recently held that an Indianapolis worker who was deemed ineligible for leave under the Family and Medical Leave Act (FMLA) may sue his former employer under state law for either breach of contract or promissory estoppel. According to the federal appellate court, statements in the employee handbook and two letters received by the employee that promised him 12 weeks of FMLA leave may have been sufficient to create an enforceable contract under Indiana law. Alternatively, the court held that the worker may be able to prove his claim for promissory estoppel because he relied to his detriment on the company’s promises.
Report Link Indiana Supreme Court Reinstates $325,000 Jury Verdict in "Workplace Bullying" Case.
Jackson Lewis LLP - April 28, 2008
A trial court allowing an expert to characterize a workplace incident as “an episode of workplace bullying” and refusing to instruct the jury that there is no “workplace bullying” cause of action did not require reversal of a $325,000 jury verdict for the plaintiff, the Indiana Supreme Court concludes.
Report Link Indiana Supreme Court Rules on "Workplace Bullying" Case.
Ogletree Deakins - April 09, 2008
In a 4-1 decision, the Indiana Supreme Court upheld a $325,000 verdict against a cardiovascular surgeon accused of being a “workplace bully.” Previously, the trial and appellate court decisions in the case had received nationwide attention because of the interest in the concept of “workplace bullying.” Raess v. Doescher, No. 49S02-0710-CV-424, Indiana Supreme Court (April 8, 2008).
Report Link Indiana Joins the List of States Providing Legal Protections to Nursing Mothers At the Workplace.
Littler Mendelson, P.C. - March 18, 2008
Returning to work is often cited as one of the main reasons that nursing mothers discontinue breastfeeding. Now, a growing number of states - in recognition of the health benefits of breastfeeding for the nursing mother and child - have passed specific laws giving nursing mothers the right to breastfeed and/or express breast milk in the workplace. In the past year alone, the following jurisdictions became breastfeeding-friendly for working mothers: the District of Columbia, Montana (public employers only), New Mexico, New York, and Oregon. Wyoming and Arkansas passed general laws in 2007 stating that a mother has a right to breastfeed an infant child in any public places where the mother may legally be or where others are present, which does not expressly specify, but could be interpreted to include, places of employment.
Report Link New Law Requires Indiana Employers To Provide Leave.
Ogletree Deakins - July 12, 2007
The ongoing war in Iraq has spurred several states to approve legislation creating workplace leave entitlements for individuals with family members in the military. Following that trend, mid-sized and larger employers in Indiana now are required to provide job-protected leave to eligible employees with family members on active duty in the U.S. armed forces and the Indiana National Guard.
Report Link Indiana's Military Family Leave Act Takes Effect July 1.
Littler Mendelson, P.C. - July 02, 2007
Governor Daniels recently signed the Indiana Military Family Leave Act, which will take effect July 1, 2007. The Act permits certain relatives of military personnel to take an unpaid leave of absence of up to 10 working days if a relative is ordered to active duty. The Act requires employers to continue the employee's healthcare benefits at the employee's expense and reinstate the employee when the leave ends. Employers that violate the Act can be ordered to provide "any ... equitable relief that is just and proper under the circumstances." This could include reinstatement of terminated employees and backpay. Employers should take steps now to comply with the Act and to ensure that their rights under the Act are protected.
Report Link New "Smokers Protection" Statute Aids Indiana Employers (pdf).
Ogletree Deakins - June 19, 2006
Employers may use money to reduced use.
Report Link Employee's Retaliatory Discharge Claim Rejected (pdf).
Ogletree Deakins - December 19, 2005
The Indiana Court of Appeals recently dismissed a lawsuit brought by an employee who sued his employer for retaliatory discharge. According to the court, the employee failed to show that his working conditions were so intolerable that a reasonable employee would have felt compelled to quit.
Report Link Deceased Worker's Family Entitled To Comp Benefits (pdf).
Ogletree Deakins - June 03, 2005
The Indiana Court of Appeals recently held that workers’ compensation benefits should be awarded under the “positional risk” doctrine in a case where an employee was shot while at work. Further, according to the court, the state Workers’ Compensation Appeals Board properly awarded these benefits to the deceased worker’s family.

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