by admin | Mar 27, 2023 | Auto Accidents
A No-Zone refers to a region around a sizable commercial vehicle, like a semi-truck, where the driver’s visibility may be restricted or blocked. These areas can pose risks for other motorists because the truck driver might not see them, potentially leading to accidents.
The Federal Motor Carrier Safety Administration (FMCSA) introduced the term No-Zone to characterize the zones around a semi-truck where accidents are more likely to happen. These regions are called No-Zones because they are spaces that other drivers should avoid to ensure safety.
It’s important to recognize that the dimensions and position of a No-Zone can differ based on the size and kind of commercial vehicle. For instance, buses and delivery trucks may have distinct No-Zones compared to semi-trucks. Motorists should always stay vigilant about the No-Zones surrounding the vehicles they share the road with and take measures to avoid them.
By comprehending what a No-Zone is and their locations, drivers can take action to remain safe on the road and prevent accidents involving large commercial vehicles. By keeping clear of the No-Zones and allowing trucks ample room, drivers can lower the chances of accidents and encourage safer driving habits.
Where Is a Semi-truck’s No-Zone?
To ensure safety when driving near semi-trucks, it’s crucial to be familiar with the No-Zone’s location. The No-Zone denotes the regions around the truck where the driver’s visibility may be restricted or hindered. There are four primary No-Zones surrounding a semi-truck:
Front No-Zone: The space immediately in front of the truck, where the driver’s sight is blocked by the truck’s hood and the driver’s seat angle.
Rear No-Zone: The area at the back of the truck, where the driver’s sight is obstructed by the truck’s dimensions and the cargo’s height.
Side No-Zones: The regions on both sides of the truck, where the driver’s sight is limited by the truck’s length and the driver’s seat height.
Wide Turns: The zone where the truck requires additional room to execute a turn, potentially causing the truck to encroach on other lanes or the sidewalk.
Being aware of the No-Zones’ locations can aid drivers in evading them and maintaining safety on the road. By maintaining a safe distance from the truck and staying alert to the truck’s movements, drivers can minimize the likelihood of involvement in an accident.
What is the danger associated with driving in a truck’s “No-Zone” area?
Navigating near sizable commercial vehicles such as semi-trucks can be risky, particularly if motorists are unaware of the potential hazards these vehicles present. One of the most notable dangers is the existence of a “No-Zone” region surrounding the truck. The No-Zone is a zone where the truck operator’s visibility may be limited or blocked, making it difficult for them to spot other vehicles on the roadway.
If a motorist enters a No-Zone, they increase the likelihood of being in an accident with the truck. For instance, if a motorist is in the truck’s blind spot, the truck operator might not notice them while switching lanes, resulting in a crash. Likewise, if a motorist tails a truck too closely, they might not have sufficient time to respond if the truck comes to an abrupt halt, causing a rear-end collision.
Beware of Trucks and Wide Turns
One of the riskiest situations for motorists near a semi-truck arises when the truck executes a wide turn. Wide turns demand more room than a standard turn and may cause the truck to encroach on other lanes or the sidewalk. Consequently, drivers who are not attentive to the truck’s movement might unintentionally enter the truck’s No-Zone, leading to an accident.
To ensure safety when sharing the roadway with semi-trucks, drivers should remain alert to the truck’s movements and refrain from entering the wide turn No-Zone. Drivers should also exercise patience and allow the truck ample room to finish the turn securely. It is equally important to avoid overtaking a truck engaged in a wide turn, as this can be highly dangerous.
In addition to being mindful of wide turns, drivers should exercise caution when switching lanes close to a semi-truck. Drivers must never assume that the truck operator can see them and should always confirm their visibility to the truck driver before making a lane change. Drivers should also steer clear of the front, rear, and side No-Zones and maintain a safe distance from the truck while driving.
The Rear No-Zone when Driving Behind Trucks
The area behind a semi-truck, known as the rear No-Zone, is among the most hazardous zones surrounding such vehicles, posing particular risks for motorists following the truck. The rear No-Zone spans about 30 feet behind the truck, and its danger stems from the truck driver’s obstructed view caused by the vehicle’s size and the cargo’s height.
To ensure safety when driving behind a semi-truck, motorists should keep an appropriate following distance and refrain from tailgating. It is advised that drivers maintain a gap of at least one car length per 10 miles per hour of their speed. For instance, a motorist going at 60 miles per hour should ideally stay a minimum of six car lengths away from the truck.
Motorists should also pay attention to the truck’s brake lights and turn signals, being ready to decelerate or come to a full stop if the truck is reducing its speed or preparing to turn. Moreover, it’s crucial to avoid overtaking the truck from the right side, as this area has the poorest visibility for the truck driver.
By remaining vigilant and mindful of the truck’s actions, motorists can minimize the likelihood of accidents while driving behind a semi-truck. By keeping a secure distance and steering clear of the rear No-Zone, drivers can promote safety on the road and contribute to accident prevention.
Conclusion
In conclusion, understanding and respecting the No-Zone areas around large commercial vehicles such as semi-trucks is essential for ensuring road safety. By being aware of the dangers associated with driving near a semi-truck, including the front, rear, side No-Zones, and wide turns, motorists can minimize the risk of accidents. If you have been involved in a car accident, contact Goodin Abernathy’s car accident attorneys for a free consultation!
by admin | Mar 7, 2023 | Employment Law, Legal Matters Discussed
Millions of Americans have depended on unemployment insurance to help them remain financially stable while in between jobs. This public assistance program began in 1935 as a way of helping people during the Great Depression and has been relied upon ever since. Filing for unemployment requires you to follow a specific process. Failing to do so and you risk not getting approved. The first step is to confirm state regulations, gather paperwork, and prove job loss. Understanding these ten things before applying will help to make the process feel more approachable.
1. Are You Eligible?
You must meet certain requirements to be able to file an unemployment benefits application. Otherwise, your application will get rejected. First, you must be a resident of Indiana. Then, you must meet the following requirements.
- Unemployed, and
- Worked in Indiana during the last 12 months, and
- Earned wages per Indiana guidelines, and
- Actively seeking work
2. Gather Paperwork
Before you start your application, gather all of the necessary information. This will make the application process easier and faster. It will also ensure you do not make a mistake or forget important information. Gather the following pieces of information for your unemployment application.
- Email account
- Driver’s license or valid ID
- Address
- Social Security number
- Date of birth
- Phone number
- Last employer’s name, mailing address, phone number,
- Dates of employment
- The reason you are unemployed to prove job loss
- Bank routing number and account number
3. File Weekly Vouchers
After you submit your initial benefits application, you must file weekly vouchers. You will file a voucher each week that you wish to receive benefits. This is because benefits are paid weekly. Do not wait to start filing your weekly vouchers. Continue with weekly filings even if your application is delayed or going through an appeals process. Should your application get approved or corrected, all previous payments will get released. However, if you failed to file your weekly vouchers, then there are no payments to release.
When filing your weekly vouchers, report any income you receive for that week. Failing to do so is fraud.
4. Keep Detailed Job Search Records
Each week, you will need to fill out a Work Search Activity form on the IndianaCareerConnect.com website. If you keep a detailed written record of your job search activities, then this should be a relatively quick and straightforward process. You will need confirmation emails for jobs applied to, company contact information, and any proof of your job search activity. The DWD offers a log template to aid in your record keeping. Do not throw away your records after filling out your weekly search activity form. The DWD can request to verify your job search activity at any time while receiving benefits. If your records are determined to be lacking or inaccurate, your benefits claim could be denied, and you would cease to receive unemployment benefits.
5. Can You Waive the Work Search Requirement?
As a general rule, everyone receiving unemployment benefits must be actively looking for employment. However, there are certain circumstances where this requirement can get waived. For example, you could be enrolled in a training program that is approved by DWD. Or you could be a member in good standing of a DWD-approved union hiring hall. Finally, you have a specific recall date for the company position that let you go that is within 60 days of your filing date. Do not assume you are eligible and do not need to search for work. Speak with a representative to confirm your eligibility so that you do not unknowingly fail to fulfill the requirements to continue receiving payments.
6. There Is a Time Limit
Unemployment payments do not last forever. The standard maximum length is 26 weeks. During the pandemic, there were federal programs in place that made it possible to apply for additional weeks. However, these federal benefits ended in 2021.
7. Look for the Monetary Determination of Eligibility Form
After submitting your unemployment benefits application, you should receive a Monetary Determination of Eligibility form within ten days. This form does not mean you qualify for benefits or have the approval to receive benefits. Instead, it simply lists what your weekly benefit would be and the total maximum benefit you are eligible for. Your eligibility determination will happen within 21 days. However, this determination can take longer if there are issues with your filing.
8. Be Honest and Forthcoming
The state of Indiana takes unemployment benefits fraud seriously and actively pursues those suspected of this activity. You could face prison time, probation, repayment of money received, and restitution if caught. Thankfully, fraud is simple to avoid. Be honest and forthcoming with information about your unemployment, earning history, and job search efforts.
Do not intentionally withhold information. Do not provide misleading or inaccurate information. Double-check the information before submitting documents. If you do discover an error or mistake, correct the issue as soon as possible.
9. Be Responsible
You must take ownership of your unemployment filing. Read all of the materials provided and watch the tutorial videos to confirm state regulations. This will help you avoid making errors that could result in an under or overpayment. It will also help you understand your rights. This self-responsibility is what led some Indiana residents to stand up for their rights and take their grievances to court. This led to the Indiana Department of Workforce Development (DWD) paying millions in back payments. If you feel you have a right to more unemployment than what you are receiving, it could help to speak with an unemployment lawyer. They can help you understand the regulations applicable and your potential right of recovery.
10. Hire a Goodin Abernathy LLP Lawyer
Losing a job is stressful as you look for new employment while staying financially stable. Applying for unemployment benefits can help ease the financial pressure while looking for new employment. In addition, unemployment benefits can make it easier to pursue compensation if you feel you have been wrongfully terminated. The team at Goodin Abernathy fights hard to help clients pursue their employment claims. Thanks to their years of experience, clients get the answers and guidance they need to file an unemployment claim.
Schedule a consultation with the employment lawyers at Goodin Abernathy to discuss your recent loss of employment and potential wrongful termination claim.
by admin | Mar 7, 2023 | Discrimination, Employment Law, Legal Matters Discussed
Yes, Indiana is an at-will employment state, which means that employers in the state have the right to terminate an employee’s job for any reason or no reason at all, as long as it is not an illegal reason.
Now, let’s look into it more in-depth.
At-will employment is a concept that affects both employers and employees in the United States. In at-will employment, either the employer or the employee can terminate the employment relationship at any time and for any reason, without legal recourse. However, there are some exceptions to at-will employment that can provide legal protection for employees. In this blog post, we will explore whether Indiana is an at-will state and what implications this has for employees and employers in the state. It is important for both parties to understand Indiana’s employment laws to navigate the employment relationship in a fair and lawful way.
What is At-Will Employment?
At-will employment is a term used to describe a working relationship where the employer or employee can end the employment relationship at any time, with or without cause or notice. In an at-will employment arrangement, employers can terminate an employee’s job for any reason, including poor performance, personality conflicts, or even without giving any reason at all. Similarly, employees can resign from their job at any time without providing a reason.
Exceptions to At-Will Employment in Indiana
While Indiana is an at-will employment state, there are some exceptions to the at-will doctrine that can provide legal protection for employees. These exceptions can limit an employer’s ability to terminate an employee’s job and provide legal recourse for employees who are wrongfully terminated.
One of the most significant exceptions to the at-will employment doctrine is the prohibition against discrimination. Under federal and state laws, employers are prohibited from firing employees based on their race, color, age (over 40), national origin, disability, religion, pregnancy, or genetic information. If an employee can demonstrate that they were fired for one of these reasons, it is considered wrongful termination.
In order to prove wrongful termination based on discrimination, the employee must first show that they were a member of a protected class and that the termination was motivated by their membership in that class. The employer may then argue that the termination was based on legitimate, non-discriminatory reasons, such as poor performance. In this case, the burden shifts back to the employee to prove that the employer’s stated reason is pre-textual (not true), and that the real reason for the termination was discrimination. If the employer cannot provide evidence of a legitimate, non-discriminatory basis for the termination, it may be easier for the employee to prove that discrimination was the true motivation for the firing.
Under both state and federal laws, it is illegal for an employer to discriminate against an employee based on their membership in a protected class. If you believe you have been wrongfully terminated due to discrimination, it is important to consult with an experienced attorney who can help you understand your rights and options under Indiana and federal law.
Another exception to at-will employment in Indiana is the existence of an employment contract between the employer and the employee. If an employee has an employment contract that specifies the conditions under which their employment can be terminated, then the employer is bound by those conditions. This means that an employer cannot terminate the employee’s job outside of the specified conditions without breaching the employment contract.
Collective Bargaining Agreements
Another exception to at-will employment in Indiana is the existence of collective bargaining agreements. These agreements are negotiated between the employer and the employee’s union, and they specify the conditions under which the employee’s job can be terminated. Employers in unionized workplaces must adhere to these agreements and cannot terminate an employee’s job outside of the specified conditions without violating the collective bargaining agreement.
Understanding these exceptions to at-will employment can help employees and employers navigate the employment relationship in a fair and legal manner. Employers should be careful to ensure that they are not violating any laws when terminating an employee’s job, and employees should be aware of their legal rights and seek legal counsel if they believe they have been wrongfully terminated.
Implications of At-Will Employment in Indiana
At-will employment can have significant implications for both employees and employers in Indiana. While at-will employment provides employers with flexibility and reduces the costs associated with terminating employees, it also places employees at risk of being terminated without cause. Employees who are wrongfully terminated may face financial difficulties, loss of benefits, and difficulty finding new employment.
Employers in Indiana should be careful to ensure that they are not violating any laws when terminating an employee’s job. Terminating an employee for discriminatory reasons, for filing a workers’ compensation claim, or for serving on jury duty can result in legal action and financial penalties for the employer. Employers should also be aware that employees may have legal recourse if they are terminated outside of the conditions specified in their employment contract or collective bargaining agreement.
Employees in Indiana should be aware of their legal rights and seek legal counsel if they believe they have been wrongfully terminated. Indiana law provides some protections for employees, such as protection against discriminatory terminations and protection for whistleblowers who report illegal activity in the workplace. Additionally, employees may be able to negotiate an employment contract or collective bargaining agreement that provides additional job security.
Understanding the nuances of at-will employment in Indiana can help both employers and employees navigate the employment relationship in a fair and legal manner. Employers should be aware of their legal obligations when terminating an employee’s job, and employees should be aware of their legal rights and seek legal counsel if they believe they have been wrongfully terminated.
Conclusion
In conclusion, Indiana is an at-will employment state, which means that employers in the state have the right to terminate an employee’s job for any reason or no reason at all, as long as it is not an illegal reason. However, there are some exceptions to at-will employment in Indiana, such as the existence of an employment contract, collective bargaining agreements, and legal protections against discriminatory terminations.
It is important for both parties to communicate openly and honestly to avoid any misunderstandings or legal disputes. Employers should provide clear expectations and performance feedback to employees, while employees should be aware of their job responsibilities and seek clarification when necessary. By working together, employers and employees can create a positive and productive work environment that benefits everyone.
Contact a Goodin Abernathy Employment Lawyer
At Goodin Abernathy, our experienced employment law attorneys can provide guidance and legal support to help you navigate the complex employment laws in Indiana. Whether you are an employer seeking to ensure compliance with legal requirements, or an employee who has been wrongfully terminated, our attorneys can help protect your rights and interests. Contact us today to schedule a consultation and learn more about how we can assist you.
by admin | Feb 2, 2023 | Discrimination, Employment Law, Harassment, Retaliation
About 40% of Americans have been fired from their job at some point in their life. Getting dismissed from your job is upsetting and something no one wants to face. Indiana is similar to many other states because it recognizes the at-will employment doctrine. A company can fire its employees at any time for almost any reason. However, this does not mean businesses are free to treat their employees however they like. American workers have certain protections and rights afforded them through law and regulation. The team at Goodin Abernathy represents dismissed employees whose former employer violated these protections, resulting in a wrongful termination. If an employee suspects they have been wrongfully terminated, they should look for one of these eight signs.
1. The Reason Is Vague
An employer should be able to provide its employees with a clear explanation as to why they are dismissing an employee. If an employee requests the reason and the employer can’t or refuses to provide one, this could signify wrongful termination. As an employee, you have the right to request the reason in writing from the employer. However, if the employer refuses to provide them with this information in writing, it could be helpful to speak with a lawyer about a potential wrongful termination claim. Because every situation is different, an attorney will work with an employee to determine the viability of their potential claim.
2. Suspected Discrimination
It is illegal for an employer to fire someone solely based on their membership of a protected status. In addition, an employer cannot fire someone based on the perception that they belong to a protected group. The Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in the United States. These laws include the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and The Civil Rights Act of 1991, and others. Each of these laws protects individuals in the workplace to prevent discrimination based on the protected classes below.
- Race
- Sex
- Gender
- Nationality
- Disability
- Religion
- Skin color
- Ethnicity
- National origin
- Pregnancy
- Sexual orientation
It is important to understand that an employee can belong to a protected class and still be fired for lack of performance or another reason. Speaking with an experienced employment lawyer can help determine if an employer violated one of these employment protection laws.
3. Fired For Doing a Protected Activity
As a matter of public policy, employers cannot fire someone for performing a protected activity. This would include an incident of harassment or cooperating with an EEOC investigation. This is to protect people, so they don’t have to worry about their employment when tending to personal matters. It is a matter of public interest that people do not lose their jobs when they need them the most simply because they have a family or medical issue to take care of. An example of this would be getting pregnant or caring for a sick family member. These are protected under the Family and Medical Leave Act (FMLA).
4. Experienced Harassment
Unfortunately, harassment still exists in the American workplace. While dealing with harassment at work is upsetting, it is even more so when it leads to termination. There are two ways an employee can be wrongfully terminated after experiencing harassment. In the first instance, an employee could face termination after rebuffing advances. This often occurs when an individual in a managerial role makes sexual advances toward someone in a lower position.
In a second scenario, an employee could be terminated after submitting a report of harassment. The company attempts to minimize the harassment by terminating the employee who is raising the alarm. Employees have a right to work in a harassment-free environment. Should they experience harassment from a fellow employee, they should feel safe in their position to report such treatment.
5. Reported Illegal Activities
There are laws in place to protect employees when they report misconduct or illegal activities. This is to encourage employees to say something when they see wrongdoing. A company cannot legally dismiss an employee because that employee came forward with a report of fraudulent, unethical, or illegal behavior. This would be retaliation through wrongful termination. This protection extends beyond the employee’s reporting. It also protects an employee participating in the investigation, lawsuit, or hearings about the reported inappropriate activity. If they are let go shortly after making a report of this nature, there is a possibility that the two events are related. Speaking with an employment retaliation lawyer can help employees understand their rights and possible wrongful termination case.
6. Performing Military or Civic Duty
As American citizens, we are sometimes called upon to perform obligations for the government. This could be responding to a letter calling them to jury duty or voting as a civilian. It could also be reporting to duty as a military service member. An employer cannot fire them for performing these government-called duties.
7. Asserted Employee Rights
Employees should be able to assert and exercise their rights without fear of termination. For example, an employer can’t fire an employee for enforcing their right to payment of wages earned or workplace safety. Should they get injured while working, their employer can’t fire them for reporting a workers’ compensation claim.
8. Contract Violation
The majority of workers are at-will. This means there is no specific contract outlining the terms of their employment. However, some employees have a contract outlining the specific terms of the working relationship between the employee and employer. If an employee has this type of contract, getting fired before contract completion could violate the agreement. They could be entitled to compensation depending on the terms of their employment contract.
Even if an employee is at-will, the company may have an agreement or policy protecting employees. If the employer fired an employee in direct violation of its own policy, this could signify wrongful termination.
Talk With a Lawyer About Your Dismissal
Getting dismissed from your company is never an enjoyable experience. It can feel stressful as you sort out your current situation and seek gainful employment. However, your firing may not be so straightforward. Wrongful termination can be subtle, requiring more in-depth analysis. Consider speaking with a wrongful termination lawyer if you suspect you are a victim of wrongful termination.
Schedule a consultation with one of our wrongful termination attorneys to discuss the circumstances surrounding your dismissal.
by Christopher Clark | Jan 25, 2023 | Employment Law, Legal Matters Discussed
On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from requiring their employees to sign non-compete agreements. The FTC is currently accepting comments from the public. https://www.ftc.gov/system/files/ftc_gov/pdf/noncompete_nprm_fact_sheet.pdf
What is a Non-Compete Agreement?
A non-compete agreement is a legally binding contract that employers often use to protect their business interests. In this type of agreement, an employee agrees not to work for a competing company or start their own competing business for a certain period of time after leaving the employer’s company. The main purpose of a non-compete agreement is to protect the employer’s trade secrets, and confidential information, as well as its relationships with customers and clients. However, it’s important to note that the enforceability of non-compete agreements can vary depending on the specific language of the agreement and the laws of the state in which it is signed.
The FTC estimates that about 1 in 5 working Americans (30 million people) are bound by a non-compete agreement. These agreements can affect all ranges of the work force, from fast food employees to highly compensated executives. In proposing its rule to ban these onerous agreements, the FTC states:
‘By preventing workers across the labor force from pursuing better opportunities that offer higher pay or better working conditions, and by preventing employers from hiring qualified workers bound by these contracts, noncompetes hurt workers and harm competition.”
When workers are prevented from freely moving to a better opportunity, it stifles not only wages, but new businesses and new ideas. When workers are confronted with the opportunity to take a new job, they often feel stuck because they are bound by a noncompete agreement. The FTC estimates that the proposed rule would increase wages across all industries and job levels by $250 to $296 billion dollars per year.
Non-Compete Agreements in Indiana
Indiana has a long history of not favoring noncompete agreements; however, they are enforceable in Indiana. Clients often contact us wanting to know if they can get out of their noncompete agreement. Sadly, the answer they often receive is that while their agreement may not be enforceable, the only way to determine that is to litigate the issue, which can be very expensive. Furthermore, most employers put provisions in their noncompete agreements that employees can be responsible for the employer’s attorneys’ fees if they challenge the agreement and lose.
The new rule currently proposed by the FTC would ban employers from enforcing existing noncompete agreements, as well as prevent them from using them in the future. Employers would also have to notify their workers that the agreements are rescinded and no longer enforceable.
Conclusion
In summary, the FTC estimates the new rule would: 1. Increase workers’ earnings by nearly $300 billion per year. 2. Save consumers up to $148 billion annually on health care costs. And, 3. Double the number of companies founded by a former worker in the same industry. If you are interested in commenting on the proposed rule, you can submit your comment here:
If you are currently working under a noncompete agreement, or have questions about entering in to one, you should contact an experienced employment law attorney so that you know your rights and obligations. Please feel free to call me for a free consultation.
by admin | Jan 4, 2023 | Employment Law
For modern employers, there are a number of benefits to embracing diversity and expanding your workforce to include individuals with disabilities. Doing so can give you access to high levels of talent, improve team morale, and set an example for the rest of your industry – here are a few tips presented by Goodin Abernathy LLP` to get you started.
Culture
Before you start searching for your next hire, it’s important to cultivate a workplace culture in which differently-abled individuals can feel comfortable. Start by shaping the attitudes and behaviors of your existing staff – to help with this, you can use diversity seminars or even subscribe to one of the various online courses designed to educate workplaces on tolerance.
You could also look to improve your bureaucratic infrastructure by adjusting your company code of ethics and logistical expectations (such as providing more work-from-home days) and looking at where exceptions can be made to ordinary protocols. If in doubt, pay close attention to other companies and see how they’ve shaped policies to improve the inclusivity and consideration of all their team members.
Accessibility
Depending on an individual’s disability, they may not be able to engage with your company on a digital basis if they are not properly accommodated. Consider your website, for example. This can be easily adjusted for improved accessibility, thereby functioning as an advert for differently-abled talent. Start by introducing assistive measures such as the option to enlarge font sizes, use ARIAs (Accessible Rich Internet Applications), and access keyboard shortcuts. Or you could even try adopting assistive technology with speech recognition functions.
Mobility may be an issue for someone with a disability if the workspace is not built for the purpose. Fortunately, it’s straightforward to accommodate most individuals with a few remodels – these can include ramps, height-adjustable desks, specialized seating, grab handles, accessible washrooms, and more. Most of these should be claimable as ADA incentives, available to small businesses of any industry with yearly revenues under $1,000,000.
Recruiting
If you haven’t worked with individuals with disabilities, it may be a good idea to bring in expert help – local or national organizations are often keen to lend their expertise or even oversee your recruiting drive. Failing this, it’s important to get to grips with inclusive language/protocols and to treat each candidate with respect and as an individual.
When you’re looking to incentivize young or graduate applicants, it can pay off to develop an internship program, giving exclusive opportunities to individuals with disabilities. This can be an excellent method for incubating new talent – just be sure to convene with an internship coordinator first and understand which policies will work best for the interns and your company.
Admin
As with any effort to recruit new talent, it’s crucial that you build airtight practices making the process as smooth and simple as possible. Start with your file types – PDFs can be read on most devices, and you can disperse these online or internally easily. An online drag-and-drop file converter can help with this.
You should also make sure that, when recruiting new staff, your business is established with the state so that you can maintain tax compliance and obtain a valid EIN. The IRS will use this for payroll taxes, and it will become necessary when it comes time to offer your employees retirement plans.
The best talent is usually the hardest to attract. If you want to appeal to clever, capable individuals with disabilities, you’ll have to show them that your company is willing to understand their requirements and take measures to accommodate them. With a few small adjustments, you can often see a big difference.
Disabilities and Discrimination
Laws for protecting individuals with disabilities from discrimination have been in place for many years, but the fight for fair and effective employment practices has only recently gained traction. Employers are now increasingly recognizing their responsibility to make reasonable accommodations that enable disabled employees to participate in the workforce. Disabilities not only should be acknowledged but also embraced, as recruiting and adequately accommodating these individuals can provide businesses with an incredibly diverse and talented pool of employees who bring specialized skillsets to the table.
As a result, businesses are encouraged to be proactive when it comes to creating job opportunities for people with disabilities and implementing changes that create a more comprehensive work environment. It is only through these proactive measures that employers can ensure equal opportunity and so foster a truly inclusive workplace culture.This includes enacting anti-discrimination laws which prevent employers from discriminating against potential employees on the basis of disability or medical condition.
Of course, if you ever have any questions about employment law, be sure to get in touch with us — click this link to see if you have a case.
Modern employment law has created unprecedented levels of opportunities for individuals with disabilities, allowing them to play a meaningful role in our workforce while having their rights as workers legally protected.
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by Christopher Clark | Sep 27, 2022 | Legal Matters Discussed
Hostile work environment claims often involve sexual harassment, but not always. A workplace may also be hostile based on race, sexual orientation, national origin, gender, age or some other form of discrimination.
How Do You Prove a Work Environment is Hostile?
In order to prove a hostile work environment, an employee must be able to demonstrate that the discrimination is, “severe and pervasive.”
This has been the standard for in the United States since 1972, when the Supreme Court decided Rogers v EEOC. “Mere utterance of an ethnic or racial epithet which engenders offensive feelings in an employee would not affect the conditions of employment to a sufficiently significant degree to violate Title VII.”
Rogers remains the law of the land in the US. However, every case must be examined on its own merits.
If the conduct is so outrageous, it is possible that just one instance of discrimination could be sufficient to bring a claim and be compensated.
What Should You Do If You Think You’re a Victim of a Hostile Work Environment?
If you suspect a hostile work environment, it is important to seek out an attorney who practices in the area of employment law to get a consultation and be certain of your rights and responsibilities.
It also makes a difference where the hostility is coming from. Is it a co-worker or is it a manager who is discriminating? If discrimination comes from a co-worker, it must be reported, so the company can take appropriate action against that employee.
Suppose it is a manager that is creating a hostile work environment. In that case, he is acting on behalf of the employer, and it is more difficult for the company to deny that they knew about the behavior.
How do you know if the behavior is creating a hostile environment?
To determine whether the behavior is creating a hostile work environment the question to ask is, “whether the condition of employment is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”
If you are still unsure, it’s best to contact a law firm in the state of Indiana about the workplace harassment you’ve experienced. They will be able to help you determine if it constitutes a ‘hostile work environment’.
Goodin Abernathy’s lawyers are well experienced in handling employment discrimination cases. Contact the office today for a free consultation.
by Christopher Clark | Aug 16, 2022 | Legal Matters Discussed
A recent IndyStar article about a group of concerned citizens taking on a traffic study where the Monon Trail intersects 86th St., got me thinking about the disparities that riders experience when crossing the county line. (idepfoundation.org) https://www.indystar.com/story/news/local/transportation/2022/07/15/cyclist-death-indinapolis-monon-intersection-traffic-study-crashes-indiana/10017676002/
Riders in Hamilton County are offered beautifully designed tunnels and bridges where the Monon Trail intersects with busy roads. From the north beginning at SR 32, there is a well-designed bridge that allows riders safe passage over the busy state road. As riders head south, there is another bridge over 146th St., and then they are tunneled under US 31, 126th and 116th Streets. Southbound trail riders are again tunneled under I-465 as they enter Marion County and the City of Indianapolis.
The next 4-lane road that the trail user will encounter is the infamous crossing at 86th St. in Nora. At this location, 86th St. is a heavily travelled, divided 4-lane street, with numerous businesses on either side. Anyone who has experienced this crossing on a bicycle, or on foot, knows of the dangers. There are fast moving cars on 86th St., who are not expecting a large pedestrian crossing, and there are cars turning in and out of shopping centers on both sides of 86th St. Those drivers are often looking the other direction for cars, never looking to see if there might be a pedestrian trying to cross the street. I, myself, have seen numerous close calls at this crossing.
A similarly dangerous intersection that was recently enhanced with a beautiful pedestrian bridge was where the Monon Trail crosses 38th St. I am very familiar with this project, as it was just a mile or so from Goodin Abernathy LLP. The bridge allows trail users to safely pass over 38th St. without the risk of getting hit by a car. With the price of gas at all-time highs, and more people using the trails to commute to work, it is time to invest some of the Federal Government’s infrastructure money in to alternate forms of transportation. If the City of Indianapolis is going to encourage people to use the Monon, they need to make it safe for its users. Indianapolis is a world class city, and the Monon is a Hall of Fame trail. In honor of Indy cycling advocate, Frank Radaker, let’s make it safe.
As an avid cyclist and frequent bike commuter from his home in Carmel to our office at 301 E. 38th Street, Chip Clark has experience representing cyclists who have been injured by the negligence of others. If you or someone you know has been injured while cycling, call Chip for a free, no obligation, consultation.
by Jim Browne | Jun 26, 2022 | Legal Matters Discussed
Many teenagers across Indiana are industrious and want to earn money with summer jobs. As a parent – or as an employer- you should know Indiana law targets regulations that protect kids from performing hazardous work.
The Indiana Department of Labor Youth Employment Division monitors and enforces Indiana youth employment laws. Here is a link to their website where you can learn more specific information about child labor laws https://www.in.gov/dol/youth-employment/youth-employment-home/. Whether it’s a summer job or year-round employment, parents and employers should learn what’s legal – and illegal – when employing minors.
For instance, if your child is under 16 years old, here are places and types of work they can NOT legally perform. Some of them might surprise you! Factory work, mining, operate power driven machinery, cooking / baking, meat coolers or cold storage rooms, meat processing, warehouses, holding signs for advertising or waving banners, wear costumes for advertising, construction / demolition / repair work, window washing or using ladders and scaffolding, roofing.
If a minor under 16 years old suffers an injury doing any of this work, the employer’s legal liability is subject to extra penalty under the Indiana Worker’s Compensation law. You can research even more specific information about child labor in the Indiana Code 22-2-18.1-23 Minors working in hazardous occupations prohibited. http://iga.in.gov/legislative/laws/2021/ic/titles/022#22-8
Here are hazardous jobs the law prohibits 16 and 17-year-old kids from doing: working around explosives, radioactive substances or toxic material; operating cranes; operating metal fabricating machines; using saws, blades or woodchippers; roofing, excavation or demolition; operating balers, compactors or paper production machines.
Over time, we’ve helped young clients hurt doing summer jobs. Their immigration status does not prevent them from making legal claims. We don’t want our kids getting hurt. They need to learn safety and watch the right way to conduct business. When an accident does happen, I’ll fight to protect your claim. If you or someone you know suffers an injury at work, contact our attorneys at Goodin Abernathy – we’ll protect your legal rights!
by Garrett Lewis | Jun 23, 2022 | ADA, Employment Law
Many qualified people with disabilities believe getting an accommodation at work from their employer is as simple as making a request, and that they are entitled to whatever accommodation they believe will allow them to most easily perform their job. However, there are steps both employers and employees must take regarding a request for accommodation. Moreover, an employer is not obligated to provide an employee the accommodation he/she requests or prefers. Rather, the Americans with Disabilities Act (“ADA”) only requires employers to provide accommodations that are reasonable.
Reasonable Accommodations Could Include:
- Job restructuring
- Part-time or modified work schedules
- Reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Appropriate adjustment or modifications of examinations
- Training materials or policies
- The provision of qualified readers or interpreters
- Other similar accommodations for individuals with disabilities
One common example of a reasonable accommodation might be for a grocery store to allow one of its cashiers to use a stool to sit if he/she struggles with standing for extended periods of time. In more extreme situations where a person can no longer perform the essential functions of his/her current position due to disability, an employer may reasonably accommodate that person by moving him/her to another available position within the company. Of course, the person must be able to perform the essential functions of that available position, either with or without reasonable accommodation.
If In Need of Accommodation in Your Workplace
- You must first inform your employer of your disability and need for accommodation
- You and your employer must then begin an interactive process involving your healthcare provider(s) in order to gather information and evidence regarding the nature of your disability, severity, duration, activities limited by the disability and the extent to which the disability limits your ability to perform your essential job functions
- Once your employer has that information, they will be able to review the same and make their own determination as to whether your disability really does prevent you from being able to perform the essential functions of your job and whether any reasonable accommodation can be made to keep you as an employee of the company, even if in a different job and/or capacity.
It is important to bear in mind that an accommodation is not reasonable if it would create undue hardship to the employer. In determining whether the requested accommodation would create undue hardship, the Equal Employment Opportunity Commission (“EEOC”) looks at the cost of the accommodation in relation to the company’s financial stability, whether modifications would be unduly extensive or disruptive, and/or whether the modification would fundamentally alter the nature or operation of the job or the company. If there is no reasonable accommodation that would enable an employee to perform the essential functions of his/her position or another available position within the company, that employee is not a “qualified individual with a disability” and may be terminated. In such a case, that termination would not constitute wrongful discrimination.
If you have questions about requesting an accommodation, or if your employer has denied a request, it is important to know your rights under the ADA. Please call for a free consultation if you have any questions about accommodations in the workplace.
