Protect your employees and your business. 

At Ball Eggleston, we’ve provided area businesses with legal protection and peace-of-mind for 60+ years. Your business’s employees are its most valuable asset as well as its most glaring potential liability. The selection of a knowledgeable, trustworthy legal partner with the expertise to help navigate the complexities of employment law is a must.

Our attorneys take a proactive stance in the careful crafting and implementation of various employee documents, such as:

  • Employee agreements
  • Non-compete clauses
  • Employee handbooks

If the need arises, we’re just a phone call away to assist you in the lawful termination of an employee and prepare a defense of your rights in suits brought by employees against your organization.

Get in contact. 

For questions pertaining to employment issues, call an experienced Ball Eggleston lawyer for a personal consultation.

How do I know if I have enough facts to fire my employee who is not doing the job?

Indiana is an employee-at-will state. That means an employer does not need a specific set of facts to terminate an employee. But if certain facts exist, those facts may prevent an employer from immediately terminating an unsatisfactory employee.

If the employer and employee have entered into an employment contract, the employer may only terminate under terms set by the contract. Also, Federal and State statutes prevent an employer from discharging an employee for certain, specific reasons. A few of those reasons include race, national origin, military status, and serving on a jury.

In addition, Indiana courts have said that an employer may not fire an employee for exercising a statutory right, such as filing a worker’s compensation claim, or for refusing to commit an unlawful act for which the employee would be personally liable. Also, if an employer has established policies that give employees the right to warnings or suspensions prior to actual termination, the employer should not violate the employer’s own policies.

Can I treat someone as an independent contractor rather than as an employee so I do not have to withhold taxes or make Social Security payments for them?

Your intent to have an independent contractor relationship is only one of several factors used in considering whether the person performing work for you is truly an independent contractor. No one factor determines whether such a relationship exists, so it is important to discuss with your attorney all aspects of the relationship before you decide whether to treat the person as an employee or as an independent contractor.

A few factors that often receive special emphasis are: Who controls the manner in which the job is performed? Who supplies the tools with which it is performed? and Who takes the risk of loss or opportunity for profit from performing the work?