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Have Questions on Employment Law?

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At Biesecker Dutkanych & Macer, LLC, we understand how intimidating and overwhelming it can be to navigate an employment law case. We have been working hard for employees for more than 50 years and are committed to helping them resolve their workplace legal matters. Our team of Indianapolis employment lawyers believe that you deserve fair treatment on the job, which is why we created this frequently asked questions page to help you stay informed. Review the sections below for helpful insight or contact our firm directly for legal counsel.

I think my workplace is a hostile environment. What legal action can I take?
In many cases, there are numerous factors that must be present to be considered a hostile work environment. Simply disagreeing with your boss' beliefs, behaviors, or other actions may not be enough. If your boss or other employees constantly insult you, that will likely not justify a lawsuit. However, if there is a persistent discrimination against you due to your race, sexual orientation, gender, religion, or disability, you should seek out legal counsel right away.

My boss refuses to give me my paycheck. Is this illegal?
Yes, even if your boss alleges that you owe them money for any reason, they still cannot withhold or deduct amounts from your paycheck. They are not legally allowed to deny you your paycheck for any reason, which means if this has happened, you may be eligible to take legal action.

Do I have to take a drug test on the job?
While this may not be required for every line of employment, jobs like operating construction equipment or commercial trucks may involve testing. Not only that, but these types of employment may not require an employer to give you any notice of a drug test. You may have also signed a document that allows your employer to conduct such tests at any time. If not, an employer may still request one if they have legitimate reason.

What is considered sexual harassment in the workplace?
Simple comments or inappropriate jokes will likely not be enough to validate a sexual harassment claim against your employer. However, if a boss offered a raise, a new position, or any other type of benefits in exchange for sexual acts or favors, this will likely be considered sexual harassment. Still, the definition of this violation rests in the severity of the actions that took place.

My boss has asked me to do work that isn't in my contract. What should I do?
Your employer is allowed to ask you to handle any type of work or task, no matter what your job description may include. Though you may be uncomfortable with some tasks, so long as they are legal, your boss can require you to do them. However, you are always at liberty to refuse to perform such tasks, knowing that there may be some employment consequences.

Will I get paid overtime for extra hours that I work?
You should be eligible to receive overtime if you are working more than 8 hours a day, more than 6 days in a row, or an excess of 40 hours a week. Certain employees are exempt from overtime pay, such as executives, administrative employees, and other professionals.

My boss fired me for no real reason. Can I file a lawsuit?
Unfortunately, the answer is probably no. Employment is considered to be "at will," which means that either the employer or employee may choose to end the terms of employment at any time and without any valid reason. Not only that, but your boss does not have to give you any notification before terminating you. However, if your boss has fired you for discriminatory reasons, you may be able to take action against them.

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  • It was an enormous morale booster for our team.

    “Andrew, All of us wanted to thank you for being able to resolve this issue so quickly and comprehensively. It was an enormous morale booster for our team.”

    GW

  • I would definitely recommend him to anyone needing legal help.

    “I was very pleased with the help I got from Mr Dutkanych. I would definitely recommend him to anyone needing legal help.”

    Donna Gray

  • Resourceful, responsive, & tireless in his pursuit

    “Andrew Dutkanych provided legal counsel to me regarding my claim of wrongful termination, based on age and national origin factors. During the subsequent litigation, I found Andrew to be resourceful, responsive, and tireless in his pursuit of a remedy to this matter. Well versed in applicable law, I was also impressed by his grasp of the economics of my claim as well as his keen insight into the behaviors and motivation of the defendant and opposing counsel. Andrew acted as my "partner" during the litigation, and I was pleased that our strategies and decisions were well conceived and discussed beforehand. I was also pleased that Andrew was upfront with me in declaring that his intention was to "achieve a satisfactory agreement", and not to fight for the sake of fighting. The matter reached a successful conclusion, and I heartily recommend Andrew as an employment rights attorney.”

    S. N.

  • They are there for you!

    “We had Ben as our attorney and from the very first time we met him we knew he would fight for us! He tells what to expect every step of the way. He is very easy to talk to. When you go up against a big company it is very scary but you have to stand up for what is right and Ben will be the person you want standing by your side!”

    Ron and Janet Madden

  • Attorney Dutkanych is a top-notch litigator.

    “Attorney Dutkanych is a top-notch litigator. He takes the time to thoroughly review your claim and provides realistic advice on next steps. He is extremely knowledgeable in the area of employee rights and his representation reflects this. He is direct and ensures that clients are informed of each step along the way, He is prompt to respond to inquiries and exudes a level of patience unlike no other. Mr. Dutkanych has represented me in three cases; all of which, concluded in my favor. Employment cases can be stressful, as most often one's livelihood is in jeopardy of or has be compromised. However, if you are looking for an expert that understands, is quick-witted, and not afraid to make client demands, you will be in good hands with Andrew Dutkanych. I highly recommend his services.”

    Natalie D. Harris