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Nathaniel O Hubley

Nathaniel Hubley’s Answers

146 total


  • Can a person be fired if they cant perform certain tasks eventhough they have a doctors note and been on this job 4 7 yrs

    she has been asked to work on a certain machine,she cant lift much with her left hand.she got a doctors note twice,but they are trying to make her do the job anyway,what can she do and can they fire her,she has had this job 4 7 yrs now.she does al...

    Nathaniel’s Answer

    She should consult with a local employment law attorney. Most attorneys will offer a free consultation.

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  • What is the statute of limitations on unjust firing in Indiana.

    I was fired for taking prescrption medication which I had a valid prescription and it was documented with my employer. I eventually had my tumors removed that I was taking rx for after I was fired. I need to know how many yr. I have to sue.

    Nathaniel’s Answer

    If you are asserting a wrongful termination claim, you have two years to file a lawsuit. However, based upon the facts you have provided it is unclear whether you have a wrongful termination claim. Indiana is an at-will employment state. This means your employer can fire you for any reason, whether good or bad, just so long as it is not an illegal reason. Examples of illegal reasons include: race, gender, age, religion, disability, etc... You should probably talk to a local employment law attorney to determine whether you have a viable cause of action. If you were fired for one of the illegal reasons listed above, it will be necessary to file a charge of discrimination with the EEOC. Visit their website: www.eeoc.gov for more information. Best of luck to you.

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  • Can i get unemployment if they claim i was sleeping on the job

    i was in the bathroom for about 30 mins and the plant manerger claim i was sleeping

    Nathaniel’s Answer

    I agree with the previous answer. You can attempt to file for unemployment benefits, but they may challenge your eligibility. You may want to consult a local employment law attorney. Best of luck to you.

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  • Do i have an EEOC complaint

    I have an interview in the morning for an investigator position at my work....it has been rumored for the past week and half that the chief has made it known that 2 black officers will get the openings... the last 2 days the names of the officers ...

    Nathaniel’s Answer

    Based upon the facts you stated, you may have a discrimination claim. If you really feel you have been discriminated against, you should contact the EEOC to look into filing a complaint. You can visit their website at www.eeoc.gov. The other option would be to contact a local employment law attorney to discuss your rights. Best of luck to you.

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  • I became sick due to mold in the work environment. Can I receive compensation?

    When I started a new job, I became sick the second day and have been since. My supervisor said the school had a bad case of mold. I had to resign because of my reaction to the mold prevented me from walking properly and using my hands properly. Th...

    Nathaniel’s Answer

    Your main recourse would be worker's compensation benefits or short term disability if you have those benefits. Ultimately, the best approach would be to approach your principal or HR person and let them know you want to process the claim as work-related. Under the Indiana Worker's Compensation Act you would be entitled to all of your medical treatment being covered, wage replacement benefits (referred to as temporary total disability benefits), and potentially permanent partial impairment benefits. Best of luck to you.

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  • My employer has been sending emails asking for peoples feed back on the way i work, am i beeing treater unfairley?

    My boss has been sending people i work with emails asking them to monoter me and asking for there feed back in the way i work, should i tolerate this?

    Nathaniel’s Answer

    I agree with the previous answer. Your employer is permitted to get feedback from your co-workers, customers, clients, or anyone you interact with. Indiana is an at-will employment state meaning that your employer can fire you for any reason, whether good or bad. In fact, they don't even need a reason. However, if you believer you are being treated unfairly because your employer is targeting you because of your age, gender, race, etc...then you might want to look into filing a charge of discrimination with the EEOC. Best of luck.

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  • Im not getting paid right wut can I do?

    I work for am apartment complex doing maintenance and they told me that I have certain hours to get certain things done.for example say I have an empty apartment I have to clean they tell me that repairs and cleaning have to be done in 6 hours and...

    Nathaniel’s Answer

    I agree with the previous answer. You can file a wage claim with the Indiana Department of Labor's Wage and Hour Division or you can retain an employment law attorney who will handle everything for you. Best of luck.

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  • When does "Compensation" begin?

    How long do you have to be off work under a Dr care to actually receive the benefits? A week? Two? Does your employer file it? Do I file it? How does this process begin?

    Nathaniel’s Answer

    Your employer or its worker's compensation insurance carrier should start the payment of temporary total disability (TTD) benefits after the first week. You would be entitled to recovery of TTD benefits starting the second week. If you are off work over 20 days, then you will be compensated for the first week. Your employer or its worker's compensation insurance carrier is responsible for initiating the TTD benefits. Best of luck.

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  • Can human resources check for changes on your direct deposit without permission?

    can human resources check for changes on your direct deposit without permission?

    Nathaniel’s Answer

    I'm not exactly sure I know what you are asking. I wouldn't see any reason why your employer's human resource personnel wouldn't be able to check for changes on your direct deposit. That information is certainly in your personnel file.

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  • Do I need to attach an affidavit to an oppsition to plaintiff's summary judgment, and also to a motion for summary judgment?

    This is for a debt collection case. as a defendant, what motions need to have sworn affidavits, besides the sworn denial?

    Nathaniel’s Answer

    • Selected as best answer

    Yes. In opposition to summary judgment, you must identify genuine issues of material fact in dispute and do so using a sworn affidavit made upon personal knowledge and subjecting the affiant to the penalties of perjury. Indiana Rule of Trial Procedure 56 is the applicable rule. When making the affirmation make sure you use the following language: " I swear under the penalties of perjury that the foregoing statements are true and correct." Then sign the affidavit. Good luck.

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