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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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    “Andrew Dutkanych provided excellent legal counsel for me. I sought his counsel for an employment issue regarding harrassment and age discrimination and was both emotional and angry that my managerial position was being eroded and my duties systematically taken away. He carefully listened to my concerns and confirmed that I indeed had an EEOC case based on age discrimination. From the beginning he spelled out my options, was very caring but no-nonsense, and explained what may or may not happen. He filed all documents immediately, always returned phone calls or e-mails and successfully negotiated a settlement. Perhaps most importantly, he helped keep me calm when my employer was clearly increasing her harrassment in the hopes that I would quit or walk out. I would definitely recommend him and thank him again for his expertise!”

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