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Indianapolis Employment Law Blog

Attorney fired for filing ethics complaint

Lawsuits involving wrongful termination from a position come in all manner of forms. Such lawsuits even can involve lawyers suing the law firm for which they worked as was shown by a lawyer being purportedly fired for filing an ethics complaint.

The ethics complaint the attorney filed did not even involve her own firm. She did inform her direct supervisor of what she intended to do and she filed the complaint without using the firm's letterhead in any of the documentation. However, since the complaint was in the firm's mailbox, one of the attorneys opened her complaint, requested that she meet him at work and told her she either had to refrain from filing the complaint or find herself without a job.

Wal-Mart settles wage and hour dispute

Wal-Mart, whose stores can be found all over the Indianapolis area, has been ordered to pay more than $4.8 million in back wages to its workers nationwide. It had been found in the wage and hour claims that Wal-Mart was in violation of various overtime provisions that are a part of the Fair Labor Standards Act.

This figure came about due to a settlement of Wal-Mart with the U.S. Department of Labor. There were also a number of civil penalties tacked on to this settlement due to the repeat nature of such violations.

Muslim woman wins hostile work environment case

AT&T, whose offices are located in Indiana and across the United States, had been sued by a Muslim woman in what can only be described as a hostile work environment matter. The harassment finally went too far when the woman's supervisor purportedly snatched her head scarf off and exposed her hair.

During her final years working for AT&T before being fired from her job, this woman reported that she was called a terrorist and "towel-head" and was asked if she had plans on blowing up the building. The corporate conglomerate may be forced to pay a heavy price for allowing such conduct to continue as the woman was awarded $120,000 in lost wages and $5 million in punitive damages in her discrimination lawsuit.

Reproductive versus religious rights concerning employment

A matter involving various employment disputes is brewing in Indiana over the firing of a teacher from a Roman Catholic School. The teacher fired alleges that she was let go due to her use of in vitro fertilization to get pregnant. The lawsuit could involve conflicting concerns regarding reproductive rights and religious liberty.

The teacher alleges that the Catholic school conducted discriminatory practices in their decision to fire her. A church pastor working with the school supposedly referred to her as a "grave, immoral sinner." The pastor went onto say that he was concerned about public reaction if the news ever got out that she became pregnant in this manner.

Indiana wage gap between women and men is large

Indiana has the 5th greatest disparity between the average wages of men and average wages of women. While the national gap between men and women's wages is 77 cents for every dollar, in Indiana the gap is 72 cents for every dollar.

Though the figures itself seem to indicate the prevalence of gender discrimination, some would argue that the difference is primarily due to the different type of job duties that women perform versus what men perform. Yet studies indicate that when education, training and number of work hours are taken into account, women still are on the losing end when it comes to wage equality.

Gender discrimination and 'at-will' employment

Indiana recently became the 21st of what is known as a "Right to Work" state. Though such states have prevented non-union members from having to pay fees for representation in union shops, it has been found that there are other confusing or not well understood aspects that come along with this designation.

Idaho for example has found itself caught up in a wrongful termination lawsuit where a state worker claims to have been fired from her job because of her gender (and for various political reasons). Her employer claims that she was an "at-will" employee who the state could fire at any time. The judge in this matter in any case has allowed the matter to proceed.

Whirlpool and the closure of their Indiana facility

Whirlpool Corp. recently closed a refrigerator factory in Indiana while paying their top executives more than $75 million in salary and bonuses. Instead of manufacturing refrigerators in the United States, Whirlpool alleges that the layoffs are the result of competitors importing refrigerators from South Korea and Mexico. However, the U.S. International Trade Commission has ruled that such imports did not cause any material injury to Whirlpool's ability to market its products in the United States.

Though there are probably several different sides to this story, allegations of unfair labor negotiations by corporations and wage claims often arise under such circumstances. It is one thing to point to tough economic times as the reason for layoffs. It's another matter when middle and lower class workers are being laid-off while executives are being financially rewarded.

Challenging "boys will be boys" in the workplace

With all of the sexual harassment scandals among politicians and celebrities, including Herman Cain and David Letterman, it is no longer surprising that we have come to accept some of the bad behavior as the age-old "boys will be boys" mentality.

While most Americans agree that sexual harassment is serious matter, there is nothing surprising the media uncovering a new incident. A new commentary suggests that the association of powerful men with sexual harassment cases makes it seem acceptable, or at least something to be swept under the rug. Herman Cain actually gained support and an increase in ratings after the exposure of his affairs.

Coach and teacher fired for out-of-wedlock child

Types of employment discrimination are constantly being challenged in state and federal courts in Indiana and across the nation. One particular case is making the news concerning the firing of a volleyball coach and science teacher at a Christian Academy for delivering a child out of wedlock.

Though on its face this may seem wrong, the woman may have some difficulty in successfully challenging the academy's decision as the academy is a private institution. A recent United State Supreme Court decision has defended Christian schools in their firing practices as such teachers may be defined by the courts as "ministers in the classroom."

Employee or independent contractor?

Determining whether a worker is an employee or an independent contractor was the center of a lawsuit held in Indiana. What was alleged in the lawsuit was that drivers performing identical duties for FedEx were treated differently. Some drivers were able to obtain the employment rights of full time employees while others were denied benefits on the grounds that they were deemed independent contractors.

This lawsuit was one of a series brought against FedEx across the nation. There were as many as 42 different suits going on in 27 separate states. However, to streamline the lawsuits it was decided that all of the suits would be tried together in the Indiana court. But because of the streamlining process many of the decision came into conflict with a number of other decisions decided in other state courts.

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