If you speak Spanish, how are you going to testify in court? Can you even open a lawsuit? Many of our Legalmente Hablando Indy and Goodin Abernathy LLP clients speak Spanish as primary language. Our team speaks Spanish. But what happens in court or when we take our clients to depositions for interviews by other attorneys? Who interprets for them in the court room? This article covers basic questions litigants have about using interpreters in a legal proceeding.
To begin, yes, the law allows Spanish and non-English speakers to open lawsuits and testify in court. The U.S. Constitution provides equal access to our courts for individuals and businesses. Access includes removing language barriers for non-English speakers.
Interpreter or Translator?
Many people casually trade the terms interpreter and translator when referring to a person that converts a foreign language to English. The difference is whether the conversion is oral or written. A person who orally converts another language to English, is an INTERPRETER. A person who converts written material written in a foreign language to English is a TRANSLATOR. When attorneys, litigants and judges are working in a court room or another legal proceeding, most often the need is for an interpreter to convert foreign languages, like Spanish, to English on a real time basis.
Who Qualifies As An Interpreter?
Using a family member or friend that speaks both Spanish and English to interpret in the courtroom would be easy and cheap, but the system requires licensed and approved interpreters. The legal process requires accuracy and fairness. Interpreters swear an oath for the judge to truly and accurately convert languages. They are trained to take notes and interpret testimony and court proceedings in real time. Licensed interpreters are trained how to interact with the judges and attorneys while testimony happens. This is a big reason why friends or family are not allowed to interpret in the court room.
Who Pays For An Interpreter?
Legal proceedings occur in and out of the court room. Before a trial or hearing begins, attorneys typically conduct discovery to collect evidence for their case. During discovery, depositions are often taken to prepare for trial. This is where an attorney uses a court reporter to record a formal interview of a party or witness. In this legal setting, the attorney and client who requested the testimony are responsible for 1) hiring a licensed interpreter and 2) paying the interpreter. However, licensed interpreters are not needed for all discovery efforts. An attorney can speak with a witness informally and take a statement without an interpreter. But that informal statement probably cannot be used in court.
If action is taking place inside a courtroom, then the court system is required to provide and pay for a licensed interpreter. Since our legal system is required to serve all people, without language barriers, our government supports the judicial system by paying for the interpreter services.
Sometimes court action takes place outside the courtroom. For instance, if a judge orders parties to mediate a case, the court is responsible for paying the interpreter. If the court orders the activity, the court pays for an interpreter to facilitate the activity.
Can We Call Someone Or Just Use A Computer Application To Interpret?
It seems practical to use a computer application to interpret or translate, but speed and reliability are important. A cell phone app will not be allowed to replace an interpreter. Sometimes, if the court hearing is short and uncontested, the court may use a phone line service to interpret rather than having an interpreter present in the courtroom. Indiana uses a service called Language Line. https://www.in.gov/courts/admin/diversity/language-access/interpreter-services/
However, a court must use a live interpreter for things like criminal guilty pleas, trials and other disputed hearings.
When there are questions about interpreter requirements, courts can contact the Indiana Office of Judicial Administration at interpreter@courts.in.gov. This department will support courts and attorneys with questions about interpreters and Indiana legal proceedings.
Contact attorney Jim Browne at Legalmente Hablando Indy and the Goodin Abernathy LLP law firm for more questions. Our Spanish speaking staff communicates directly with our clients and has the experience needed for handling cases involving interpreters.
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.
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.
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.
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’.
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.
