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.
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.
Finally, after years of remaining at the same level, the Indiana Worker’s Compensation Board and State of Indiana increased the financial recovery rates an injured worker can claim for their case. www.in.gov/wcb/files/PPIandTTD-benefits2023_1.3_.pdf For injuries that occur on or after July 1, 2023, an injured worker may recover more money for their PPI and TTD benefits. The schedule used by the state increases annually over the next four years. Understanding these rate tables can be complicated. Since every dollar for your work injury case is precious, you should contact Goodin Abernathy for legal help.
Worker’s Compensation Laws
Employees hurt on the job in Indiana are protected by Indiana’s Worker’s Compensation laws. Attorney Jim Browne and Goodin Abernathy regularly help our Hispanic clients navigate the legal process to protect their rights and fight for more benefits. This article highlights main points of the Indiana Worker’s Compensation process.
Each state uses different laws for their worker’s compensation (“work comp”) claims. In Indiana, a work injury is considered a civil law claim. It does not involve criminal or immigration law issues. Something a little different about work comp claims is an agency handles the legal process – not a court of law. The Indiana Worker’s Compensation Board is the agency that tracks and handles these cases. You can learn more about the Board at this website https://www.in.gov/wcb/
An important part about Indiana’s work comp law is that an employer cannot defend a case based on liability or fault. Unlike an auto accident or other typical type of injury claim, it does not matter whether an employee was negligent and did something to cause the accident. As long as the employee was not intoxicated or intended to hurt themself, Indiana requires the employer to offer benefits.
Unfortunately, we often hear that employers threaten immigration reporting or similar problems when their employees are injured. You should not be afraid of immigration issues. Indiana’s work comp law allows any worker to make a claim. Your immigration status does not affect your legal rights and does not involve notifying the U.S. Immigration Customs and Enforcement (“ICE”) agency. Hispanic workers should not be concerned about immigration problems and notify their employer or supervisor immediately if injured on the job. Make sure to report your injury right away because waiting to do so may allow the employer to dispute responsibility.
Preliminarily, a couple legal issues we see affecting work comp claims involve whether the worker was an employee and whether the employer has insurance coverage. Determining whether an injured worker is an employee or independent contractor can be a complicated legal question. Since Indiana law does not require employers to offer independent contractors work comp benefits, let’s review some basic differences between employees and independent contractors.
Signs That Show A Worker Is An Employee
The worker is paid with a company check
Taxes are taken out of their pay checks
Worker does not work at other jobs
Worker does not have her/his own business
Worker uses the employer’s equipment
Worker regularly visits the employer’s place of business
Works the hours and schedule the employer chooses
An Independent Contractor Is Usually Identified When These Circumstances Apply
The worker has her / his own company
They work for various other companies
They do not work for the employer full time
They receive a 1099 tax form from the employer
They do not have taxes withheld from their payments
They use their own vehicles and equipment to perform the work
Worker’s compensation insurance coverage is an important part of the claim. Without insurance coverage, employers usually cannot pay the benefits they owe their injured employees. Many employers are small companies or individuals and choose not to pay for insurance. This is an important reason why you should ask if your employer has worker’s compensation insurance. A legal option that sometimes helps injured workers in these situations is if your employer is performing work for another company or contractor. Typical examples of this arrangement are found in construction and staffing agency arrangements. Indiana’s work comp law allows us to take one step up and make a claim for benefits from the general contractor or staffing agency if the primary employer does not carry insurance.
When an employee is injured on the job, Indiana law requires the employer to offer various benefits. The first and probably most important benefit is for medical treatment. If you visit the doctors, therapists and medical providers the employers offer, they must pay for all your costs. You are not responsible for deductible payments. You are not required to use your own health insurance or take FMLA time. Since your health and well-being are your primary concerns, you may seek medical treatment immediately after your work accident. If your employer or the insurance company deny you treatment, then you should seek legal help immediately. The attorneys at Goodin Abernathy understand the process and will explain your rights.
When a doctor or medical expert says you cannot work due to your injuries, you may claim Temporary Total Disability (“TTD”) payments. Indiana’s work comp law requires employers to pay two – thirds (66.66%) of your regular income while you cannot work. These TTD payments are not reduced for income tax or other typical withholdings. Before the payments start, the doctor must determine that you miss more than seven (7) consecutive days of work. If you miss thirty (30) consecutive days or more, than the employer must go back and pay you for the first 7 days of work that you missed. Sometimes, workers do not miss time off work immediately after their injury. But later, they require surgery or start treatment that keeps them off work. The TTD rules also apply to these subsequent periods of missed work.
When the employer or its insurance company determine that certain benefits should finish, they are required to send you a Termination of Benefits form. The form looks like this www.in.gov/wcb/files/Blank-38911.pdf If you dispute that benefits should stop, it is important to respond to these within seven days of receiving the form. If you fail to respond, then technically the employer may stop sending you the TTD benefits.
The final type of benefits owed to an injured employee involves the Permanent Partial Impairment (“PPI”) value of your injury. Basically, this benefit pays the employee for the future impairment they will suffer from the injury. That is, how will the injury interfere with their work and ability to earn income in the future. Calculating this benefit is complicated. For instance, the doctors and work comp Board uses the AMA Guidelines for reference. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview. To understand it best, you should contact our Legalmente Hablando Indy team for representation. We will examine the medical records, show you how the government calculates the benefits and describe your legal options for maximizing recovery of PPI benefits.
Indiana law controls how attorneys charge for legal services in work comp claims. All attorneys in the state charge the same percentages for contingency fees. Since we charge a contingency fee, that means we collect our fees only when we win and you get paid money for your claim. If we do not collect money, then you do not pay. Our legal fee agreements are explained in both Spanish and English.
If you or a loved one are injured in a workplace accident, contact the Goodin Abernathy legal team. We handle death claims, amputations, orthopedic surgeries, electrocution, burns, explosions, head /brain injuries, spinal column fractures and broken bones. You will find we care about our clients and patiently explain the legal process. Count on us to aggressively represent your claim. Contact us today.
Employee and worker rights have been a long-running topic in our country as we try to maintain a work/life balance. One of the most influential and beneficial laws passed in recent history is the Family and Medical Leave Act (FMLA). Since the passage of the FMLA in 1993, millions of people have been able to take the time needed to care for themselves and their loved ones. The lawyers at Goodin Abernathy represent clients and their workers’ rights when they need to take medical leave. We are passionate about protecting our clients’ rights and ensuring their livelihood is protected when caring for themselves and family.
Qualifying Employees
Companies or businesses that employ 50 or more people for more than 20 work weeks in the current or previous year must abide by the FMLA. In addition, as an employee of one of the qualifying companies, you must also meet specific standards to qualify for medical leave.
First, you must have been employed by your current employer for at least a year, which would be twelve months. During those last 12 months, you must have worked at least 1,250 hours. This equates to 31.25 40-hour work weeks, which is just under eight months of full-time work. You can qualify for medical leave as a part-time employee. However, you would still need to meet the employment requirements.
Second, if you meet the employment requirements, you or a family member must then experience a qualifying illness or event.
Qualifying Family Members
A qualifying family member would be in your immediate family or household. The FMLA defines family members as the employee’s spouse, parent, guardian or custodian, grandparent, brother, sister, or adopted brother or sister.
Qualifying Reasons
To be able to take a medical leave, it must be a qualifying condition or situation. The FMLA defines this as the birth or adoption of a child, a serious health condition that renders you unable to do your job, or a family member’s serious health condition that the employee must take care of.
Medical leave under the FMLA is considered a protected activity as a matter of public policy. Speaking with an employment lawyer can help you understand your rights and ensure you qualify. Employers that terminate an employee for doing a protected activity could be liable for wrongful termination.
What Is A Serious Health Condition?
Not all medical conditions will qualify you for medical leave. The condition must be a “serious medical condition” that prevents you from doing your job. For example, you or a family member must stay in the hospital overnight. You or your family member may require treatment from a doctor that requires three or more days off from work. The medical condition is chronic or requires ongoing treatment that incapacitates you for extended periods of time. The medical condition is long-term and permanent, with no effective treatment available.
How to Take Medical Leave
If your medical leave is planned, you must give your employer at least 30 days’ notice. It is best to communicate with your employer about your medical leave in writing. Print out and keep these communications for your records. For example, adoptions, giving birth, or having surgery would qualify. However, in an emergency situation, you must give notice as soon as possible.
Your employer may ask for a written statement from a doctor. Your statement should include the basic facts of the health condition, when it began, and how long it is expected to last. There should also be a statement about how a serious medical condition prevents you from doing your job, which is why you are requesting medical leave. However, it does not need to include personal medical information that would violate your HIPPA rights.
If you are requesting time off to care for a family member, the statement would need to explain how you are needed to care for said family member. In addition, your employer may require a new written statement every 30 days.
When taking your medical leave, you have 12 weeks available. You can take your 12 weeks all at once or spread it out over the course of the year in smaller breaks.
When your medical leave is completed, your employer may require that you provide a written doctor’s statement verifying that you are medically cleared to return to work or that your family member no longer requires your care.
Stand Up For Your Employment Rights
You may have legal recourse if you qualify for medical leave, and your employer won’t let you, harasses you, or threatens termination. Possible recovery could include getting your job back or monetary compensation. In addition, your employer may be required to pay for your court and attorney costs. The team at Goodin Abernathy works with clients to protect their employment rights. You should be able to care for yourself and your family without fear of losing your job.
Contact our office today and speak with one of our knowledgeable employment lawyers.
About 32% of workers do not report the discrimination they experience because they aren’t sure that it is a big deal. This is unfortunate because no one should experience any level of discrimination. Our team of experienced discrimination lawyers at Goodin Abernathy understand that workplace discrimination comes in many forms. These are some of the things that can happen to you if you’re being discriminated against.
1. Lack of Employee Diversity
One easily recognizable sign that discrimination might be taking place is a noticeable lack of diversity within the company. If everyone on the team is the same race, gender, age range, ethnicity, religion, and socio-economic class, then there is a lack of diversity. This can result in groupthink and a lack of acceptance of anyone who does not fit the mold. However, the discrimination taking place can be subtle. It could be intentional or unintentional.
2. Payscale Inequality
You have probably had an employer prohibit employees from talking about their salaries. However, you have a federally protected right to speak about the details of your salary with your coworkers. One reason employers attempt to prevent this type of discussion is that it can easily reveal discrimination. For example, if employees in the same position with the same experience and work quality have vastly different salaries, this could be a sign of discrimination. Speaking with a knowledgeable discrimination lawyer can help you identify discrimination through pay inequality.
3. Promotions Not Based on Merit
Promotions, pay raises, and layoffs should be done based on merit and work product quality. Employers should consider an employee’s performance in their role, not their gender, age, race, or religion. Look for a pattern in the decision-making of promotions, raises, and layoffs. This could be that only certain gender or race employees get promoted. Or employees of a particular age or religion are the only ones that get laid off. Another more subtle sign of this type of behavior is a manager that doesn’t do performance reviews or ask for input from other employees and managers.
4. Exclusion From Informal Networking
In every industry, a certain amount of socialization and networking takes place. This informal networking helps employees stay informed, progress in their careers, and develop social capital. When people with a specific category are excluded from informal socialization, it could be a sign of discrimination. This type of discrimination can be difficult to prove. Speaking with an experienced employment lawyer can help you determine if discrimination occurred and how to establish evidentiary proof if it did.
5. Personal Criticizing or Micromanagement
Some managers have a critical nature or a micromanagement leadership style. This is not automatically discrimination if they treat everyone this way. However, if they target a single person with overly critical communication or aggressive micromanagement, this could be discrimination. Signs of this could be a refusal to acknowledge a job well done, excessive criticism, or speaking in a derogatory tone.
6. History of Employee Lawsuits
Often, an employee feels alone in their discrimination experience. However, this isn’t always the truth of the situation. Speaking with an experienced workplace discrimination lawyer can give you insight into your company’s history with discrimination. For example, you may find that the company has a history of lawsuits and EEOC complaints. This can be a sign that discrimination is widespread throughout the company and makes it likely that the treatment you are experiencing is discrimination.
7. Unfair Disciplinary Action
Some discrimination provides certain employees more benefits than others. However, discrimination can also mean that some employees experience more negative treatment than others. If there are unfair disciplinary actions, this could be a sign of discrimination. A company should have a manual that outlines expected behavior and the consequences when not adhered to. The company then needs to follow these policies when disciplining employees. Discrimination happens when there is no employee manual, or the manual is ignored. Managers could give unjust criticism, harsher punishments, or more aggressive termination practices. Sometimes managers do these unintentionally. Others use these practices intentionally to build a case for the termination of the discriminated employee.
8. Duty Assignment Based on Gender
A subtle sign of discrimination is workplace roles assigned based on gender. This happens when people allow themselves to fall into the rut of traditionally gendered roles. Discrimination of this type can be more subtle. For example, the company could have a diverse employee profile. However, the women are the ones responsible for the management of the break room and secretarial roles. While the men in the same position are not expected to do these things or are more quickly promoted to a managerial or executive role.
How Your Employer Accountable
No one should have to experience or accept discriminatory treatment while at work. However, if you notice these actions or treatment at your place of employment, then your employer may be discriminating. Whether intentional or not, the experienced lawyers at Goodin Abernathy can help you hold your employer accountable for their actions. Contact our team of caring lawyers to talk about your work experience and possible discrimination lawsuit.
