Best Employment Lawyers in Gary, IN

FAQs

• What is the non-emergency contact number for the local police station in Gary, Indiana?

  The non-emergency contact number for the Gary Police Department is 219-660-0000.

• Where can I get a copy of police reports for incidents related to my case in Gary, Indiana?

  Copies of police reports for incidents related to unfair employment cases in Gary can be obtained from the Gary Police Department through the Citizens Online Police Reporting System. The system issues a temporary police report case number and an unofficial document of the police report pending review of the case.

• Can Gary workers who have been fired for unfair reasons get their jobs back?

  Probably not, but they can apply for unemployment compensation. The city of Gary adheres to Indiana’s at-will employment law. The law allows employers to dismiss an employee for any reason and without warning, as long as the reason is not illegal. Written or implied employment contracts protect employees against unfair labor practices, such as sexual harassment, age discrimination, and wrongful termination.

• Can Gary employees sue their former employers if they think they have been discriminated against?

  Yes, Gary workers may be able to file a discrimination suit against their former employers. First, they need to submit a complaint with the Equal Employment Opportunity Commission (EEOC). After completing its investigation into the complaint, the EEOC can either file a lawsuit on behalf of the employee or the employee can file a lawsuit himself. The commission also determines whether there is a basis for filing a discrimination suit against an employer.

• Can Gary workers file a discrimination claim with the Indiana Civil Rights Commission (ICRC)?

  Yes, as long as a Gary workplace has between six and 14 employees. The ICRC is an administrative agency in Indiana that processes workplace discrimination claims. Employment discrimination complaints must be filed with the ICRC within 180 days of the discriminatory act. The ICRC and the EEOC have a work-sharing agreement. The EEOC enforces federal law, which covers only employers with 15 or more employees.

• What are the information and documents needed by Gary employees to file a wage claim?

  To file wage claims against employers, Gary employees need to prepare personal information such as names, addresses, and Social Security numbers. Also, they must secure wage statements or pay stubs, write a description of the type of work they rendered for the employer, and identify the location where they actually worked.

• Are there protections from sexual orientation and gender identity discrimination in public and private sector employment in Gary and other localities in Indiana?

  Yes. These local ordinances and policies protect 33% of Indiana’s workforce from sexual orientation and gender identity discrimination. However, many of these local regulations do not provide the same level of enforcement mechanisms as the state’s Civil Rights Act. Local human rights commissions enforce ordinances in nine localities. Other areas, such as Lake County, which covers Gary, have passed ordinances prohibiting discrimination based on sexual orientation but not gender identity.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.