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Showing posts with the label Indiana Employment Law Attorney

An Indiana Employment Attorney's Take on the Nationwide Ban on Non-Compete Agreements

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As a Fort Wayne, Indiana Employment Law Attorney , I often get contacted by employees or perspective employees seeking legal guidance with respect to a non-compete agreement they signed or one that they are being told to sign.   Generally speaking, Indiana courts disfavor non-compete agreements, however, the courts will uphold them if they drafted properly and aren't too overbroad. The employment law landscape is potentially changing with the United States Federal Trade Commissions' announcement of its Final Non-Compete Clause Rule in April 2024, which bans post-employment non-compete clauses between employers and employees. The ban is expected to become final in approximately August 2024.   Needless to say, my phone has been blowing up with calls from employment law clients in the Fort Wayne, Indiana area asking me questions about the FTC's ban and what impact it has on their non-compete agreements.  I'll attempt to try to address some of the frequently asked ...

Case Law Update: Indiana Court of Appeals Rules in Favor of Terminated Employee

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On September 5, 2018, in the case Shackleford v. D&W Fine Pack, 18A-CT-489, the Indiana Court of Appeals , overturned the trial court that had granted summary judgment in favor of the employer. The trial court had determined that the employee (Shackleford) had failed to produce evidence of a retaliatory motive by the employer (D&W) and that the employee was unable to produce evidence calling into question the reason that the employer had given for terminating the employee. In this case, the employee had filed a wrongful termination lawsuit against his former employer because he believed he had been fired for getting injured on the job and seeking to exercise his rights to worker's compensation benefits. Fort Wayne Attorney Nathaniel Hubley On appeal, the employee pointed out that he had presented the trial court with direct and indirect evidence from which a trier-of-fact could infer that the employer's alleged reason for termination was pretext, a lie.  ...