Articles

COA upholds judgment for university against former employees

The Indiana Court of Appeals affirmed the denial of two former Oakland City University employees’ claims against the school and its president, concluding they were not fraudulently induced into their employment or fired in retaliation for uncovering misuse of public funds. 

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Wilson & Oxyer: With CBD legal, is THC in the workplace A-OK?

As the legality of hemp, CBD oil, marijuana and other substances containing THC continues to change, questions arise relating to an employer’s options when THC is detected on a drug screen and whether an employer must accommodate the use of legal THC-containing substances.

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Despite ‘not good law’ dissent, COA affirms ruling against fired worker

A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”

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Austin: Employer handbook guidance after Boeing decision

For most of the 2000s, the National Labor Relations Board(NLRB) reviewed facially neutral work rules under an employee-friendly standard, leaving companies worried that employees could construe neutral rules to interfere with protected activities under Section 7 of the National Labor Relations Act (NLRA). However, in December 2017, the NLRB overruled the employee-friendly standard and established a new balancing test in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), and created three categories of work rules.

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COA to travel for three arguments next week

Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.

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DTCI: The Sanctity of the Hoosier Paycheck

Wage and labor litigation is the hot new cottage industry. With a mandatory award of attorney fees and risk for substantial defense costs, lawsuits for unpaid wages arising under state and federal law should heighten employers’ review of just what goes in, and what gets taken out of, one of the most sacred covenants of employment: the paycheck.

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