Failing to pay overtime for hours worked beyond 40 in a week.
Forcing employees to work “off the clock.”
Misclassifying employees as independent contractors to avoid overtime and benefits.
Withholding tips or making unlawful deductions.
According to the Economic Policy Institute, workers lose billions each year to wage theft — often more than is stolen in property crimes. In Indiana, low-wage workers, hospitality employees, and construction laborers are especially vulnerable.
Employee Rights Under Indiana and Federal Law
Overtime pay. Most employees are entitled to time-and-a-half wages for hours over 40 in a workweek.
Minimum wage. Indiana follows the federal minimum wage of $7.25/hour, but violations still occur.
Recordkeeping. Employers must maintain accurate records of hours worked and pay provided.
For Employees: What to Do if You Suspect Wage Theft
Document everything. Keep detailed records of hours worked, pay received, and communications with your employer.
Ask questions. Sometimes errors are clerical and can be corrected quickly.
Know your rights. Even if you are paid a salary, you may still be entitled to overtime depending on your job duties.
Seek legal advice. An employment lawyer can review your situation and help you recover unpaid wages.
For Employers: Avoiding Wage Theft Claims
Wage theft claims can lead to lawsuits, penalties, and reputational harm. Employers can protect themselves by:
Classifying employees correctly.
Using reliable timekeeping systems.
Training managers on wage and hour laws.
Consulting legal counsel when uncertain about overtime rules.
Real-World Example of Wage Theft
In recent years, Indiana courts have handled multiple cases where restaurant workers were denied proper overtime or where construction companies misclassified employees as “independent contractors.” These cases often end with significant financial penalties for employers.
Conclusion
Wage theft undermines trust, harms workers, and creates unfair competition for honest businesses. Whether you’re an employee who isn’t being paid correctly or an employer seeking to stay compliant, knowing the law is essential.
At Goodin Abernathy LLP, I help workers recover unpaid wages and advise employers on building fair and lawful pay practices. If you believe you’re owed wages or want to make sure your company is compliant, we’re here to help.
If you have additional questions or concerns, please call us or complete this form to request a free consultation.
Are Indiana Non-Competes Still Enforceable in 2025?
Non-compete agreements have long been a point of tension between employers wanting to protect their business and employees wanting the freedom to advance their careers. In 2025, the landscape is shifting quickly. With federal regulators pushing back on non-competes and Indiana courts scrutinizing their enforceability, both employers and employees should know where things stand.
The National Landscape
The Federal Trade Commission (FTC) recently proposed rules that would severely restrict non-compete agreements nationwide. While these rules face legal challenges, they signal a clear trend: non-competes are under attack. Employers who rely on them should review their contracts now.
Indiana Law on Non-Competes
In Indiana, courts traditionally enforce non-compete agreements only if they are:
Reasonable in scope. The restriction must be limited in time and geography.
Protecting a legitimate interest. This might include safeguarding confidential information or customer goodwill.
Not overly restrictive. The agreement cannot prevent an employee from earning a living in their field.
For example, an Indiana court may uphold a one-year restriction preventing a salesperson from contacting former clients in a small region but strike down a three-year statewide ban on working in the industry.
Risks for Employers
If your agreements are too broad, they may not survive a legal challenge. Indiana judges are reluctant to rewrite contracts to make them fairer — instead, they may throw the agreement out entirely. Employers should consider whether less restrictive agreements, such as confidentiality or non-solicitation agreements, might be more effective.
Rights for Employees
If you’re asked to sign a non-compete:
Review it carefully before signing. You may be able to negotiate narrower terms.
Don’t assume it’s automatically enforceable. Courts look at each agreement individually.
If you’re leaving a job and worried about restrictions, seek legal advice before making your next move.
The Bigger Picture
Indiana workers are in high demand, and restrictive covenants can limit mobility. Employers still have tools to protect their businesses, but they must be careful not to overreach.
Conclusion
Non-compete law is evolving quickly in Indiana and across the country. At Goodin Abernathy, I help employers draft enforceable agreements and employees defend their rights when restrictions go too far. If you’re facing questions about a non-compete, now is the time to get clarity before it becomes a costly dispute.
If you have additional questions or concerns, please call us or complete this form to request a free consultation.
What Indiana Employers and Employees Should Know About AI in 2025
Artificial intelligence (AI) has transformed how employers recruit and hire. In 2025, many Indiana companies now use AI-driven tools to screen résumés, conduct automated interviews, and even assess personality traits. These systems promise efficiency and objectivity, but they also create legal risks for employers and raise fairness concerns for job seekers.
Why AI in Hiring Matters
Employers often turn to AI to handle large applicant pools. A program can scan hundreds of résumés in seconds, flag keywords, and generate rankings. Automated video interviews can measure tone, facial expressions, and word choice. While convenient, these methods may unintentionally disadvantage certain groups of applicants.
Recent guidance from the Equal Employment Opportunity Commission (EEOC) warns that AI systems must still comply with federal anti-discrimination laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). Indiana courts are expected to follow suit as disputes arise.
Risks for Employers
Employers using AI need to understand:
Bias and disparate impact. If an AI tool disproportionately screens out older workers, applicants with disabilities, or members of a particular race or gender, that could lead to a lawsuit.
Failure to accommodate. Applicants with disabilities may need alternative application methods. Refusing to offer accommodations can create liability.
Over-reliance on technology. Courts will scrutinize decisions made solely by algorithms without meaningful human oversight.
Guidance for Employers
Indiana businesses can reduce risk by:
Auditing AI tools. Regularly test whether hiring software produces biased outcomes.
Maintaining human review. Use AI to assist, not replace, human decision-makers.
Updating policies. Clearly state nondiscrimination and accommodation practices in hiring policies.
Training staff. Ensure HR teams understand the strengths and limits of AI tools.
Rights for Job Seekers
Applicants in Indiana should be aware:
If you believe you were unfairly rejected by an automated system, you may request accommodations or challenge the process.
Keep records of application steps, communications, and unusual rejections.
Consulting with an employment attorney can clarify whether you have a discrimination claim.
Closing Thoughts
AI can improve efficiency, but it doesn’t eliminate an employer’s responsibility to ensure fairness. Indiana workers deserve equal access to job opportunities, and employers need to use these tools carefully. At Goodin Abernathy LLP, I work with both employers and employees to navigate the legal challenges of AI in hiring. If you have concerns about how AI impacted your hiring process, don’t hesitate to reach out.
If you have additional questions or concerns, please call us or complete this form to request a free consultation.
Major Shifts Coming: Navigating the Shift of Indiana’s New Property Tax Landscape
Indiana homeowners and real estate investors are preparing for significant changes as new property tax laws take effect in 2026. The Indiana Legislature passed comprehensive reforms aimed at providing relief for taxpayers, but these changes also introduce new complexities for property owners and businesses.
Whether you own your home or manage a portfolio of investment properties, understanding these updates is crucial for planning your finances and protecting your assets.
Here is a breakdown of what you need to know about the upcoming changes.
Property Tax Credits for Homeowners
One of the most notable changes coming in 2026 is a new property tax credit for all Indiana homeowners. Starting next year, you will automatically receive a credit equal to 10% of your property tax bill, up to a maximum of $300 annually. This is designed to provide immediate relief for homeowners.
Additionally, the state is phasing in an increase to the supplemental homestead deduction. This deduction reduces the assessed value of your home, ultimately lowering your tax bill. By 2031, the deduction will grow significantly, providing even greater long-term savings for homeowners.
Key Changes for Businesses and Investors
For real estate investors and business owners, the reforms bring about important adjustments to business personal property taxes:
Increased Exemption Threshold:
The exemption threshold for business personal property tax is increasing dramatically. Historically, businesses with assets valued at $80,000 or less were exempt. Beginning with the 2026 assessment date, this threshold jumps to $2 million. This change aims to significantly reduce the tax burden for many small and medium-sized businesses.
Elimination of the 30% Depreciation Floor:
Under prior law, the assessed value of business personal property couldn’t fall below 30% of its original cost. The new law eliminates this “30% floor” for assets placed in service after January 1, 2025. This allows businesses to depreciate equipment more fully, leading to lower property tax bills, though this change has a caveat for properties within certain Tax Increment Financing (TIF) districts.
New Deduction for 2% Cap Properties:
Properties in the 2% tax cap category (which includes rental homes and some other residential properties) will now be eligible for a new deduction beginning in 2026. This deduction starts at 6% of the assessed value and increases annually until 2031.
The Bigger Picture: Potential Revenue Shifts
While these reforms offer clear benefits for taxpayers, it’s important to remember that property taxes fund local government services. To address potential revenue shortfalls for cities and counties, the new laws also allow local governments to potentially increase local income taxes.
The long-term impact of these shifts remains to be seen. While you may see savings on your property taxes, it’s possible that some of these savings could be balanced by rising local income taxes.
Navigating the Changes
The new property tax landscape in Indiana is complex, and the specific impact on your property will depend on your individual circumstances.
Understanding these changes is vital for effective financial planning, whether you are a homeowner or a commercial real estate investor. If you have questions about how these changes affect your residential or commercial real estate purchases, or if you need help navigating the complexities of real estate transactions in Indiana, our team is here to assist you.
In 2024, Indiana lawmakers passed a controversial piece of legislation—Senate Enrolled Act 202 (SEA 202)—that directly affects the tenure process and ongoing employment of faculty at public colleges and universities. As an attorney who regularly represents employees in complex workplace issues, I’ve been closely monitoring this new law and its potential consequences. SEA 202 has already sparked a legal challenge, raising important questions about constitutional rights, academic freedom, and employment security in the public education sector.
In this post, I’ll explain what the law does, why it’s being challenged in federal court, and how this development could impact Indiana’s reputation as a place to attract and retain top-tier academic talent.
What Does SEA 202 Do?
SEA 202 requires that all tenured faculty at Indiana’s public colleges and universities undergo performance reviews every five years. That in itself may not sound controversial—accountability and performance standards are common in most professions. But the law goes further. It mandates that tenure or promotion may be denied to faculty who are “unlikely to promote free inquiry, free expression, and intellectual diversity.”
In addition, it introduces a mechanism for students, colleagues, or others to file complaints if they believe a faculty member is not upholding these vague and politically charged principles. This complaint process may trigger administrative reviews that could influence a professor’s job security, compensation, and academic standing.
Supporters of the law, primarily Republican legislators, argue that SEA 202 is needed to curb what they perceive as ideological homogeneity in higher education. Their stated goal is to ensure that Indiana campuses are places where a diversity of viewpoints can be expressed and debated. But critics—including many professors and legal scholars—see this as legislative overreach that infringes on academic independence.
The Legal Challenge: Professors Push Back
Not long after the law was signed by Governor Eric Holcomb, two professors from Purdue University Fort Wayne filed a federal lawsuit against the state. The plaintiffs, Steven A. Carr and David G. Schuster, allege that SEA 202 violates their First and Fourteenth Amendment rights. They are represented by the ACLU of Indiana.
According to the complaint, the law essentially forces professors to include fringe or debunked theories in their curricula out of fear that not doing so could be interpreted as suppressing “intellectual diversity.” This, they argue, compels them to engage in speech they would otherwise avoid as academic professionals. That’s where the First Amendment challenge comes in.
The Fourteenth Amendment claim centers on vagueness. What exactly constitutes a failure to promote free expression or diversity of thought? The professors argue that these undefined terms give university administrators overly broad discretion, making faculty vulnerable to arbitrary or politically motivated disciplinary action.
The State’s Response: “No First Amendment in the Classroom”?
Indiana Attorney General Todd Rokita’s office responded to the lawsuit with an argument that is deeply troubling to many in the academic community: that public university faculty do not have First Amendment protections when teaching in the classroom. The state claims that instruction delivered at public institutions constitutes “government speech” and therefore can be regulated by the state without violating constitutional protections.
This claim cuts to the heart of the debate over academic freedom. If upheld, it could give legislatures broad authority to shape curriculum and penalize faculty whose teaching doesn’t align with the prevailing political winds.
What This Means for Indiana’s Higher Education System
As an Indiana employment lawyer, I worry that SEA 202 could have a chilling effect on higher education in our state. Academic talent is mobile. Professors, particularly those with specialized skills or national reputations, can—and do—choose where they work based on job security, research freedom, and institutional support for intellectual independence.
If this law is upheld and aggressively enforced, Indiana may find it more difficult to attract or retain the kind of high-caliber faculty that contributes to our state’s academic excellence. Public institutions could also face increased litigation risk, administrative costs, and reputational damage.
For those of us who assist clients navigating employment disputes, these types of laws create uncertainty. Professors facing tenure denials or disciplinary actions under SEA 202 will almost certainly seek legal advice. At the same time, universities and college administrators will need clear, lawful procedures to implement performance reviews that comply with constitutional protections.
Conclusion: Watch This Case Closely
As of this writing, the federal court has not yet ruled on the merits of the lawsuit filed by the Purdue professors. But regardless of the outcome, SEA 202 represents a pivotal moment in the ongoing national debate about the role of politics in education, employee rights in the public sector, and the boundaries of academic freedom.
At Goodin Abernathy LLP, we are committed to staying at the forefront of these evolving legal issues. If you are a faculty member, university administrator, or public employee with concerns about SEA 202 or your rights under Indiana and federal law, I invite you to speak with us. Visit our website’s Indiana Employment Lawyer page for more information or to schedule a consultation.
RE: Case 1:23-cv-01892-MPB-MKK TUTTLE v. EDISON SCHOOL OF THE ARTS, et al
Indianapolis, IN – We are pleased to announce that a judgment has been entered against Edison School of the Arts, resolving all claims brought on behalf of our client, Nathan Tuttle, who was wrongfully terminated from his role as CEO/Executive Director of the school corporation.
This judgment affirms what we have maintained from the outset: that Mr. Tuttle was treated unfairly and in violation of his civil rights. While no monetary compensation can undo the pain and disruption caused by Edison’s actions, the outcome offers a meaningful sense of validation and accountability. It also brings long-overdue closure to a painful chapter for our client, who has remained steadfast in his pursuit of justice.
We believe this outcome highlights the critical importance of due process, fairness, and transparency in all employment practices – particularly within public institutions. We are grateful for Mr. Tuttle’s courage and trust throughout this process, and we hope this case serves as a reminder of the responsibilities employers have to uphold both the law and the dignity of their employees.
Nathan’s experience also shines a light on the lasting harm that can result when institutions act hastily and without due process – especially in today’s climate. It is our sincere hope that this resolution may serve as a deterrent to similar actions in the future.
Dog bites can result in serious injuries that have lasting physical, emotional, and financial consequences. Certain dog breeds are statistically more likely to be involved in severe biting incidents. For victims of dog bites, understanding their rights and seeking legal assistance can make a significant difference in recovering damages. If you or a loved one has been injured by a dog bite, the experienced attorneys at Goodin Abernathy can help you navigate the legal process and pursue justice.
Breeds Commonly Associated with Dog Bite Incidents
While any dog can bite under certain circumstances, some breeds are more frequently associated with severe injuries due to their size, strength, and protective instincts. Below are a few breeds commonly cited in dog bite cases:
Rottweilers: Rottweilers are known for their strength and protective nature. While they can be loyal and affectionate pets, they require proper training and socialization to prevent aggressive behavior. When improperly trained or mistreated, Rottweilers have the potential to cause severe injuries in bite incidents. Victims of attacks involving Rottweilers often require extensive medical care and rehabilitation.
Pit Bulls: Pit Bulls are another breed frequently associated with severe dog bite injuries. Due to their powerful jaws and tenacity, bites from Pit Bulls can lead to significant trauma, including deep lacerations, fractures, and nerve damage. These incidents often make headlines because of their severity.
German Shepherds: German Shepherds are intelligent and often used as working dogs in law enforcement and security. However, their protective instincts can sometimes lead to aggression, particularly if they feel threatened or perceive danger. Bites from German Shepherds can result in deep puncture wounds and other serious injuries.
Doberman Pinschers: Dobermans are known for their sleek appearance and alert nature. While they can be excellent family dogs when properly trained, they can also become aggressive if not socialized correctly. Their bites are often strong enough to cause substantial injury.
Siberian Huskies: While Huskies are generally friendly and energetic, their high prey drive can sometimes lead to biting incidents. This breed’s size and strength mean that their bites can cause considerable harm, especially to children.
The Physical and Emotional Impact of Dog Bite Injuries
Dog bites often lead to severe injuries, including:
Lacerations and Scarring: Deep wounds that may require stitches or plastic surgery.
Fractures: Especially in cases where the bite involves crushing force.
Infections: Including rabies, cellulitis, and tetanus.
Nerve Damage: Permanent damage to nerves can result in loss of sensation or function.
Beyond physical injuries, victims often experience emotional trauma, including fear of dogs, anxiety, and post-traumatic stress disorder (PTSD). These psychological effects can last for years and may require therapy to overcome.
Legal Options for Dog Bite Victims in Indiana
Indiana law holds dog owners responsible for the actions of their pets in many situations. If you’ve been injured by a dog bite, you may be entitled to compensation for:
Medical Expenses: Including emergency care, surgeries, and rehabilitation.
Lost Wages: For time missed at work due to recovery.
Pain and Suffering: Compensation for physical and emotional distress.
Property Damage: If personal property was damaged during the attack.
Under Indiana’s “strict liability” laws, dog owners can be held accountable if their dog bites someone without provocation, regardless of the animal’s prior behavior. Additionally, if negligence on the part of the owner contributed to the incident, such as failing to secure the dog properly, the owner could face further liability.
Why You Need an Experienced Dog Bite Attorney
Navigating a dog bite case can be challenging, especially when dealing with insurance companies and legal complexities. The attorneys at Goodin Abernathy have extensive experience handling dog bite cases in Indiana. They understand the nuances of the law and are dedicated to helping victims secure the compensation they deserve. By working with a skilled attorney, you can ensure that your case is thoroughly investigated, evidence is properly collected, and your rights are protected. This can make all the difference in achieving a favorable outcome.
Take Action Today
If you or someone you love has been injured by a dog bite, don’t wait to seek legal assistance. The team at Goodin Abernathy is ready to provide compassionate, effective representation to help you recover and move forward. (https://www.fasecolda.com/) Contact us today to schedule a consultation and take the first step toward justice.
Losing a job is tough, but what if it happens unfairly? In Indiana, like many places, employment law is complex, and understanding your rights is essential. Let’s take a deep dive into what constitutes wrongful termination in the Hoosier State.
The At-Will Conundrum
Indiana follows the doctrine of at-will employment, which means employers can generally terminate employees at any time, for any reason, or for no reason at all, barring any illegal motives. This setup might seem unfair, but it’s the standard in many states, including Indiana.
Discrimination: A Red Flag
One of the most significant exceptions to at-will employment is discrimination. It’s illegal for employers to fire someone based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. If you suspect discrimination played a role in your termination, it’s crucial to seek legal advice promptly.
Retaliation: A Clash of Rights
Retaliation is another big no-no in Indiana. If you’ve exercised a legal right—such as filing a complaint about workplace harassment or reporting illegal activity—and faced termination as a result, that’s illegal. Employees have the right to speak up without fear of losing their jobs in retaliation.
Contractual Obligations
Employment contracts aren’t as rare as you might think. Even if yours wasn’t written down, it might still be binding. If you and your employer agreed to specific terms—like job security or a set termination process—deviating from those terms could constitute wrongful termination.
Upholding Public Policy
Indiana recognizes the public policy exception to at-will employment. In simple terms, employers can’t fire you for reasons that go against what’s fair or just for society as a whole. For example, if you were terminated for refusing to engage in illegal activities at work, that could be wrongful termination. (https://pongsak-clinic.com)
Navigating the Legal Maze
If you believe you’ve been wrongfully terminated, navigating the legal process can be daunting. But you don’t have to go it alone. There are attorneys and organizations in Indiana dedicated to helping employees understand their rights and seek justice.
Wrapping Up
Losing a job is never easy, but losing it unfairly can be devastating. In Indiana, while at-will employment is the norm, there are crucial exceptions that protect employees from wrongful termination. Discrimination, retaliation, breach of contract, and violation of public policy are all red flags that warrant further investigation.
Understanding your rights is the first step towards protecting yourself in the workplace. If you believe you’ve been wrongfully terminated, don’t hesitate to reach out for help. Together, we can work toward fostering fair and just employment practices in the Hoosier State.
Construction sites present active and dangerous areas. Attorney Jim Browne and Goodin Abernathy LLP help injured construction workers prosecute their Indiana injury claims. These cases are typically known as Indiana Workers Compensation claims. Our experienced legal team offers Spanish-speaking service and customized care for each of our clients. If you or a co-worker were injured on a construction site, contact us for a free legal consultation with attorney Browne in Spanish. Your immigration status does not prevent you from making a legal claim in Indiana.
Indiana allows an injured employee to make a civil claim for benefits against their employer after suffering a construction site injury. If you were hurt in the course of your job, you can make a claim no matter how it happened – even if you did something to cause the injury. This claim is controlled by Indiana’s Worker’s Compensation law. Indiana Workers Compensation laws requires employers to offer injured workers with set benefits like medical treatment, payments for time off work and the value of your permanent physical impairment. The insurance companies that defend employers and pay the benefits are trained to save money. You should have an experienced attorney at your side, fighting for the maximum value of your claim. We do not charge a legal fee to represent you unless we collect money for your case. This is called a contingency fee where our legal team charges a percentage of the amount of money we win for your case. Our fees are explained in English and Spanish with written agreements you review with the attorney.
Importantly, Goodin Abernathy also investigates whether you are eligible for making a negligence claim against another responsible party, like a construction manager or general contractor. The law and damages in a negligence case are different than a Workers Compensation claim and you need an experienced litigator for help. Our legal team uses experts, investigates reports and handles the legal research required to make a construction accident negligence claim.
Examples of Indiana Worker’s Compensation and Negligence Cases
CONSTRUCTION –WORKERS COMPENSATION
Juan works for a masonry contractor named Block Inc. While at the Block Inc. offices, he is loading bricks when he falls out of a truck and breaks his ankle. Because he was injured at work and while doing his job, Juan has an Indiana Worker’s compensation claim. The employer owes him medical treatment and payments for time he misses from work. When the doctors say Juan is finished with medical treatment but has a permanent physical restriction, the employer needs to pay him money for the impairment. Juan does not have negligence case because no other person, company or equipment was involved with the accident.
CONSTRUCTION – NEGLIGENCE AND WORKERS COMPENSATION
Juan’s masonry company Block Inc. is working at a new hotel project owned by Hotel Inc. Hotel Inc. hired All Service LLC to be the general contractor. The job of All Service LLC is to hire, contractors and organize the construction job. While Juan is at the construction site, he climbs up on a scaffold to build a wall. On the ground, a carpenter that works for Woodworks Inc. is driving a forklift and accidentally hits the scaffolding. This causes Juan to fall off and suffer an injury. 1) Juan does have a worker’s compensation claim against his Block Inc., his employer. 2) Juan has a negligence claim against Woodworks Inc. for causing his damages. 3) Juan may also have a negligence claim for his damages against the general contractor that was obligated to manage safety and traffic at the construction site.
CONSTRUCTION INJURY- MACHINE MALFUNCTION
Hector is using a new air pistol to drive nails on a framing project in Indiana. The tool explodes from too much air pressure and injures Hector’s hand. Hector has a workers compensation claim against his employer. He may also have a negligence claim against the air pistol manufacturer for a faulty design. This claim depends on the age of the tool, identifying the manufacturer of the tool and evidence it was designed or made negligently. Hector needs the support of Goodin Abernathy to investigate the tool company. Attorney Browne might need to use experts that examine and explain why the tool was negligently made and caused the injury.
STAFFING AGENCY
Maria works for USA Staffing LLC. The staffing company pays her to do work at different companies. USA Staffing LLC assigns her to AAA Factory where she works on a production line. Maria turns to pick up a package off the floor and feels a pop in her back. Though she was injured at the AAA Factory, Maria has a workers compensation claim against USA Staffing LLC for her injury.
EMPLOYER – NO INSURANCE
Marco is a painter who works for a guy named Arnold. Arnold gets jobs from a painting company and pays Marco cash to do the work. Marco falls off a ladder and breaks his arm but discovers Arnold does not have insurance. When employers do not have insurance, the law allows workers to make claims against the contractors or property owners that hired their boss. Attorney Browne helps Marco identify two other potential defendants that might owe him for the same benefits that Arnold owes him.
INJURY IN ANOTHER STATE
German lives in Indiana. He works for a demolition business in Indiana called Demo Inc. that is also located in Indiana. German lives in Indiana and they do most of their work in Indiana. Demo Inc. gets a job in the state of Ohio and takes its crew there. While at the project site in Ohio, a wall falls onto German and injures him. German has a workers compensation claim and can decide whether to make it in the state of Indiana or Ohio. German consults with attorney Browne to learn and choose which state law he wishes to use for making the claim.
Goodin Abernathy offers free, relaxed consultations with attorney Browne. He and his team speak Spanish and understand your needs. You, your family and friends are invited to attend the consultation and learn about the law controlling your injury claim. We take the time to listen and answer your questions.
It is important to contact us immediately before evidence disappears and the insurance company starts telling you what they are going to do with your claim. Let us help you with a legal evaluation, make decisions and tell the insurance company we are representing you. Call us at 317-843-2606 and schedule your appointment today.
The Goodin Abernathy LLP law firm and attorney Jim Browne supports small Hispanic businesses like painters, cleaners, construction and landscaping providers. Attorney Jim Browne often sees payment and collection problems where our clients are owed a lot of money for labor and materials. Unfortunately, many of our clients are discriminated against because of their Latino heritage. First, review problems most of our clients encounter when trying to collect for work they performed. Then let’s review how better business planning avoids the same problems for a lot less money!
No Written Contract – It’s OK, You Still Have A Claim
You may take legal action to collect if you do not have a written contract. Many of my clients trust contractors and people, providing services without a written contract. When their customer does not pay, then my clients wonder whether the lack of a written contract prevents them from legal collections. Your Goodin Abernathy legal team builds a claim using evidence surrounding your business relationship and the actual work performed. This allows us to explain the jurisdiction and legal process available to make your claim.
Undocumented Labor – It’s OK, You Still Have A Claim
Many Latino employers have undocumented workers on their crew. Often the employers are unaware the workers are undocumented. But it does not matter, the law allows you to make legal claim for collections. A strategy contractors or homeowners typically use when trying to avoid payment is threatening to call immigration enforcement. Too often this scares the Hispanic business and is an effective strategy. But legally it is wrong and Goodin Abernathy will get you past that false strategy to collect your money.
Payment Promises – Falling Deeper Into Debt
Small businesses take risks and decide whether to continue working after payment promises. The contractor makes a partial payment and promises our clients they will get caught up if work continues. The reality is, the contractor does not have the money or spends it on other things and leave my client unpaid. We see this pull our clients into debt where they owe their own crews tens of thousands of dollars! If you agree to continue working, only do it once. Do not allow your customer to pull you down, deeper into debt. Contact attorney Browne right away and let him negotiate the payment and pressure the customer to get your paid or get sued. If you want to keep them for a customer, they will respond positively.
Collection Efforts – Superior or Small Claims Courts and Mechanics Liens
Depending on the amount owed, you may decide which court system to use for legal help. If your claim is for $10,000.00 or less, you may be eligible for using a small claims court. These courts use different rules that make it easier for people to bring cases without using attorneys. Each Indiana county has different small claims court rules. For instance, Marion County (Indianapolis) Indiana requires businesses to use attorneys even if the claim is in small claims court.
If your claim is for more than $10,000.00, then you must file in Superior Court and this requires attorney representation. Our legal team is experienced and aggressive with these collection cases. Our legal fees vary from case to case but one things always remain the same about our approach: we win if you win – we lose if you lose and we don’t play to lose.
A powerful recovery tool is using a mechanic’s lien. Placing a lien on the property where you did the work provides you strong legal leverage to push your collection interests. Various factors affect whether you can file a lien and important legal considerations apply. Contact us right away because time limits apply!
Business Planning – Do It Right From The Start And Avoid Collection Problems
Our Latino clients are exceptionally skilled and hardworking people. They are dependable, respectful, economical and fast workers. Unfortunately, they work much better than they plan and manage a business. If you want a part time side job, then it’s OK to run it without contracts or accounting. That’s the type of work you can track on a napkin.
If you want to develop a business your family depends on – where you collect for the work you perform and grow wealth- then you need to spend the time and money organizing it. Too many Hispanic businesses avoid using an attorney for business consulting because they want to save some money and think they can handle it themselves. A year or two later, they land in a problem costing them multiple times more money than if they hired an attorney and paid a little to do it right in the first place.
You can engage the Goodin Abernathy legal team for business consulting and choose between a variety of service levels. Start with a general consultation to review your business and learn what attorney Browne recommends you establish and implement with your business model. Then decide if you want to Goodin Abernathy to prepare business forms like contracts and invoices that are special to your business. Talk about how your business will track its accounting and avoid any financial problems raised by your customers. Learn how the government wants you to organize a business, whether your immigration is documented or not. Consider using bank accounts for your business and reporting taxes that qualifies you to work for new and bigger customers.
Latino contractors should focus on the work they do best. Use professional help to manage business activity, avoid collection problems and run a successful business. The Goodin Abernathy team sees all sort of business problems and can identify where your business is most vulnerable. Our help is quick, easy and economical – especially considering the costs of falling into collections problems! Call us today for immediate support – (317) 843-2606.
