Indianapolis Employment Attorneys
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Have Questions on Employment Law?

Get Answers from an Indianapolis Attorney

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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Hear it From
Our Clients

  • 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

  • He was honest and realistic

    “Andrew was extremely responsive anytime I emailed. He was also honest and realistic when discussing expectations. I have been very satisfied with our interactions and would definitely refer [him]!"”

    Susan Bunch

  • Knowledgeable, effective & always kept me informed.

    “I was wrongly and unfairly terminated by my employer. My Union Representative and attorney told me that I had no case or rights under state law. I met Kyle Biesecker and told him my story. He took my case and helped make my family and I whole again. I highly recommend Kyle Biesecker, he is knowledgeable, effective and always kept me informed.”

    J.S.

  • Andrew greatly helped me to feel reassured that I was not jeopardizing it further by seeking legal counsel.

    “Andrew was very personable, yet very serious. This was my first encounter with the legal system, my integrity had never been attacked and I felt like it was and wanted to be represented in keeping that from happening. Andrew greatly helped me to feel reassured that I was not jeopardizing it further by seeking legal counsel. I now have a different view of the legal system.”

    Nina

  • 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