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Nathaniel O Hubley

Nathaniel Hubley’s Answers

146 total


  • Hi, Is there any exception to protect the employee in an "at will" employment in the state of Indiana?

    I was employed by an agency for a contract job with their client in the state of IN. My contract was terminated by the client and they gave the reason as poor performance which I dont believe is true and i have evidence to prove that. Also i was n...

    Nathaniel’s Answer

    Indiana is an at-will employment state. This means that an employer can terminate an employee for any reason, whether it is a good reason or a bad reason. However, an employer cannot terminate an employee for an illegal reason. So to answer your question, yes, there are exceptions to the general "at-will" doctrine.

    However, the question that I have is whether you were an employee at-will or whether your employment was based upon a written contract. If it is contractual, then you have to look at the terms of the contract to determine whether you have any recourse for breach of employment contract.

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  • It was brought to my attention that my termination was retaliatory. It happened in October 2012

    In april of 2012, I felt a sharp burn to my shoulder. I reported it to my foremen per the handbook. I was called a sissy, and was reminded he worked there for 17 years and hurts alot more than i. Over the next 3 months i attempted atleast 2 more r...

    Nathaniel’s Answer

    Correct me if I am wrong, but it sounds as though you were terminated for seeking to exercise your rights to worker's compensation benefits. If you were terminated because you were seeking to exercise your rights to worker's compensation benefits, then you were terminated unlawfully.

    Indiana is an at-will employment state. This means that your employer can fire you for any reason, whether it is a good reason or a bad reason, just as long as it is not an illegal reason. Firing someone because they were attempting to exercise their rights to worker's compensation benefits is an illegal reason.

    I would suggest that you contact an employment lawyer here in Indiana to discuss your legal rights. I wish you the very best.

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  • I hurt my knee at work and now what should i do?

    i went to the doctors and they told me to go to a orthopedic because they think i teared something in my knee but when i told my work (landscaping company)about what the doctors said they told me to take rest for the week and see how it goes but i...

    Nathaniel’s Answer

    I agree with the previous answer. Document everything and don't let your boss stop you from exercising your rights under the Indiana Worker's Compensation Act. Get an attorney involved. Best of luck to you.

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  • I hurt my knee at work what should i do?

    i was working and i hurt my knee so i told my boss and he told me to go get it checked out so i did and the doctors told me to go to a ortopedic beacuse he thought i teared something in my knee. i told my boss and i told him what the doctors said ...

    Nathaniel’s Answer

    I agree with the previous answers. Get a worker's compensation attorney and don't let your boss play games with your life. Remember, it's illegal for an employer to interfere with your attempts to exercise your rights under the Indiana Worker's Compensation Act. Best of luck to you.

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  • It is normal that workerscomp oppoint a nurse case when you got a work accident?

    had a work accident in march workerscomp is giving me a hard time to see a specialist instead they appoint a case nurse to tell me who i have to see. is that normal or is because they don't believe me

    Nathaniel’s Answer

    It's becoming the norm now-a-days for worker's compensation insurance carriers to appoint a case management nurse. I don't think it is necessarily because they don't believe you. Just remember, if they try telling you that you are all better when you really aren't, that's the time to call an attorney to get some advice. Best of luck to you.

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  • Insurance Claim

    I lost my rental hosue i was renting to a fire in Oct. I have not heard anything from my claim adjuster since the rest of my belongings was returned I also have electronis that dont work. What type of lawyer do i need?

    Nathaniel’s Answer

    I would recommend a general practice attorney. You need to determine what you insurance policy covers. After consulting with an attorney, he or she should be able to tell you what options you have. The attorney would want to send a demand letter to the insurance company. If that doesn't work, your only other option would be to file a lawsuit. I'm not sure how much money you are out as a result of the fire but you will most likely have to pay your attorney a retainer. Best of luck to you.

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  • Can I obtain a hardship license if working as a caregiver for an elderly lady to transport her as employer sees fit to meet her

    needs? I was convicted of DUI and Poss of a controlled substance; 2 misdemeanors in the state of Indiana. I received 2 suspensions from the case. One suspension has terminated, (DUI) but because I refused a blood test and they obtained a warran...

    Nathaniel’s Answer

    You will need to consult an attorney that handles probationary license applications to determine whether you qualify. Best of luck to you.

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  • Can someone be suspended without pay for something that didn't happen at work?

    I work in a factory that is not part of a union. There were name calling events that had happened on a Friday and after work the other person and I had a confrontation at the gas station. On Monday I was wrote up for using vulgar names towards the...

    Nathaniel’s Answer

    • Selected as best answer

    Do you have an employment contract or are you an at-will employee? If you are an at-will employee you probably don't have a whole lot of options. Being an at-will employee means that your employer can terminate your employment for any reason, whether it is a good reason or a bad reason. In fact, they don't even have to have a reason. As long as the employer doesn't terminate you for an illegal reason, you probable don't have a cause of action. You may want to contact a local employment law attorney. Best of luck to you.

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  • Do I have a harassment case against my employer?

    I started a new job and I feel like my employer is harassing me. I want to find out what to do or if I even have a case. I started training to be an assistant manager in my new job. The manager has yelled at me on repeated occasions and has brou...

    Nathaniel’s Answer

    I agree with the previous answer. Based upon what you have said, it does not sound like you have a harassment case against your employer. If the conduct was because of your gender, race, religion, age, etc...then you might have a viable claim. Like I tell many of my clients, there is nothing illegal about being a jerk. Best of luck to you.

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  • Back surgery 1/12 due to work injury 3 procedures later to no avail am on work comp am i entitled to a settlement

    Injury 11/08/12 employer was going to pay out of pocket then decided after surgery recommendation to turn into work comp so to date L4 & L5 discectomy and 3 procedures later month and a half hospitasl stay dr stating i had menningitis sent me home...

    Nathaniel’s Answer

    Sounds like you have a lot going on. Based upon everything that you have mentioned, I think you should sit down with a local worker's compensation attorney and determine what options you have. Are you still receiving TTD benefits? You don't want to settle your case until you have reached maximum medical improvement (MMI), which it doesn't sound like you have reached. Once you reach MMI, then the doctor may assign you a permanent partial impairment rating. This rating will affect how much of a settlement you are entitled to. Best of luck to you.

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