As a business owner, are you using insurance and indemnity provisions to your benefit, or are you unknowingly exposed to providing insurance and indemnity to the other side in your business contracts? This is an often overlooked, but significant issue for...
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An Unconventional Result
In Indiana, when an employee is laid off from the job, through no fault of his own, or even when he is discharged, he has a right to file a claim for unemployment compensation. Unless the discharge was for what is termed "just cause," examples of which are fighting on...
What Does Everyone Need to Understand About Asset Protection?
After working hard and accumulating assets for many decades, it is not uncommon for our thoughts to turn to the question: "How I can protect my assets." We all hear stories from colleagues and friends about the business person who lost everything when their business...
Minding Your Own Business: The Importance of Ownership Agreements for Small Businesses
Starting a new business is easy, especially in the Internet age. Go to the Secretary of State's website, fill out a few forms, pay a filing fee, and boom - you are now the proud owner of a corporation, limited liability company, or limited liability partnership. But...
Hoeppner Wagner & Evans Attorneys Win Equal Pay Act Case for Client Based on Summary Judgment
John Hughes and Lauren Kroeger recently received summary judgment in a lawsuit filed against their client in Federal Court alleging violation of the Equal Pay Act ("EPA"). The plaintiff, a male employee, sued his former employer, claiming that he was paid less than...
Ban the Box Legislation
In my last article, I noted that there will be some significant changes in employment law under the Trump Administration. This remains the case, and seemingly every day new developments emerge.However there are other sources in employment laws and there are...
What Employers and Management Personnel Need To Know About the Americans with Disabilities Act
What is the ADA and who does it protect? Title I of the Americans with Disabilities Act of 1990 ("ADA") makes it unlawful to discriminate in employment against people with a disability. The ADA defines a disability as a physical or mental impairment that substantially...
Small Claims in Porter County
Small claims courts are intended to provide speedy and informal resolution of claims up to $8,000. In Porter County small claims cases are heard in Valparaiso and Portage. The filing fee is $96.00 and there is a $25.00 fee for service by Sheriff. If you prevail on...
Managing Fraudulent Use of Leave under the FMLA
The Family and Medical Leave Act ("FMLA") provides important unpaid leave benefits to employees, but also serves as a source of frustration for employers balancing their desire to comply with the law and manage their operations efficiently. Employee requests for...
Emails Are Legally Binding Documents
The key piece of evidence in a recent trial was a three word e-mail sent (in a hurry) at 5:30 AM. The author was replying to an email and thought of his response as mere conversation, rather than as a legally binding document, until it was received as Exhibit A in...