Wilson Melton, LLCWilson Melton, LLC2026-05-28T15:29:39Zhttps://www.wilsonmelton.com/feed/atom/WordPress/wp-content/uploads/sites/1403815/2022/12/cropped-Site-icon-Wilson-32x32.jpgOn Behalf of Wilson Melton, LLC<![CDATA[Did discrimination cost you that job?]]>https://www.wilsonmelton.com/?p=477072026-05-28T15:29:39Z2026-05-28T15:29:39ZFinding a job can be incredibly challenging, and some fields are particularly competitive. You shouldn’t be too surprised at rejection.
What happens, however, if you leave a job interview with the distinct feeling that you were the ideal candidate – except for your race, age, religion or another protected characteristic? Here’s how to determine if discrimination may have played a part in a company’s hiring processes.
The difference between preference and discrimination
While employers may hold and exercise subjective preferences when hiring, those preferences cannot be discriminatory against someone based on their membership in a protected class.As absurd as it may seem, an employer could choose not to hire you because you root for the wrong football team or you didn’t go to an Ivy League college like most of the staff. That would not be illegal. But if their reasoning was based on your “race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information,” then that would amount to illegal discrimination.
How do you prove discriminatory hiring practices?
Proving discrimination in hiring can be challenging, as employers have a range of possible excuses they could give as to why they did not pick you for a job. They may claim someone else was better qualified, or interviewed better than you, for example. However, patterns in hiring practices often reveal a lot, and claims are not impossible.Seeking legal guidance on whether discrimination was behind your denial is always wise. With a thorough investigation, you may be able to build sufficient evidence to warrant filing a claim against the employer to hold them accountable for their actions.]]>On Behalf of Wilson Melton, LLC<![CDATA[Did your employer inaccurately alter your timesheet?]]>https://www.wilsonmelton.com/?p=477052026-05-14T17:42:39Z2026-05-14T17:42:39ZIt is not necessarily illegal for your employer to make changes to your timesheet, which records your work hours. Perhaps you use an electronic system at work where you log into a computer and clock in for the day, and you log back out at the end of your shift. Your employer likely has administrative access, so they can also log you in and out or change the times that were previously recorded.
The key for employers to remember is that this always has to be done accurately and fairly. The goal should be to maintain accurate records to ensure that all employees are paid correctly.For instance, say that your shift starts at seven in the morning. One day, you are feeling rather tired, and you simply forget to log in. You do not remember until 10 in the morning, when you take a break and realize that your hours have not been tracked. If you log in at 10, but your employer later alters the time to 7:00 a.m., it is just accurately representing the hours you actually worked.
When it becomes wage theft
Problems arise if your employer makes alterations that reduce your pay when those changes are not accurate. For instance, perhaps you work 42 hours during a week, and so you are owed overtime pay. Your employer changes the time that you worked on Friday to bring it back down to 40 hours, hoping not to pay time and a half. This is a form of wage theft because you are losing out on compensation that you deserve.So, while your employer may have legal access to those records, changes can still be problematic. Make sure you know what legal steps to take during a wage and hour dispute.
]]>On Behalf of Wilson Melton, LLC<![CDATA[What is considered a disability by the ADA?]]>https://www.wilsonmelton.com/?p=477032026-04-28T08:08:32Z2026-04-28T08:08:32ZThe Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including in employment. This act makes it unlawful for an employer to treat a job applicant or employee unfavorably based on their disability status. But who is protected by the ADA?
How does the ADA define disability?
Under the ADA, a disability is a physical or mental impairment that substantially limits a major life activity. You must have a substantial impairment to be protected, not a minor one. This includes an impairment that significantly limits or restricts hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for yourself, learning or working.The ADA also protects individuals with a history of a disability, even if they have recovered. So, if your records show a past substantial impairment, you can take action against an employer who discriminates against you based on the past disability.Moreover, if an employer believes you have a disability, even if you don’t, the ADA protects you. For instance, when an employer treats you unfavorably based on a perception/belief that you have a disability. This is called "regarded as" discrimination.
Qualified to perform essential job duties
In addition to meeting the ADA’s definition of a disability, you must also be qualified to perform the essential duties of the job in question, with or without reasonable accommodation, to be protected. Thus, you must have met the employer’s requirements for the job and be able to perform the job’s essential functions, either with or without reasonable accommodation. Employers are required to provide reasonable accommodation to allow a qualified applicant or an employee with a disability to participate in the application process or perform the essential functions of a job.The ADA protects many individuals with disabilities. Get more information about whether you are protected and what to do when you experience workplace discrimination. ]]>On Behalf of Wilson Melton, LLC<![CDATA[Can your employer fire you while on FMLA?]]>https://www.wilsonmelton.com/?p=477002026-04-23T10:34:29Z2026-04-23T10:34:29ZWhy your employer can still fire you
A common misconception about taking FMLA is that it freezes your employment status entirely. In reality, FMLA protects you from being terminated because you took leave. If a legitimate reason exists that would have happened regardless of the leave, your employer may proceed with their decision. Common examples can include:
Reduction in force or mass layoffs
Pre-existing performance issues
Issues discovered post-leave
Company closure
Your employer can hold you to the same standards as everyone else, even if you are on leave.
When an employer cannot legally end your employment
Your rights under FMLA protect you from retaliation. Employers cannot fire you because you took leave. The law prohibits them from using your leave as a negative factor in employment decisions. Identifying whether retaliation occurred requires you to look at these crucial signs:
Did your employer fire you immediately after requesting leave?
Is there an inconsistency in explanations from your boss and the human resources department?
Were you meeting the company’s performance standards before your leave?
If you suspect retaliation, the burden of proof shifts to the employer. However, you must prove that the reason for your termination is a pretext for discrimination.
Holding your employer accountable
Your priority is to preserve evidence, even if you are out of the company. Collect performance reviews and save email threads where you discussed your leave with your boss. Additionally, avoid signing any severance or release forms immediately. Because Indiana’s at-will employment laws and federal FMLA protections overlap in complex ways, it would be wise to seek advice from an employment law attorney.]]>On Behalf of Wilson Melton, LLC<![CDATA[What information can an employer require of a disabled employee?]]>https://www.wilsonmelton.com/?p=476972026-04-12T17:49:21Z2026-04-12T17:49:21ZUnder the Americans with Disabilities Act (ADA) and state laws, Indiana employers are required to provide “reasonable accommodation” to any employee with a disability or other medical condition who requires such accommodation to do their job. That’s unless it would create “undue hardship” for the employer.
According to the Equal Employment Opportunity Commission (EEOC), an undue hardship could be financial or accommodations “that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.”Unfortunately, some applicants and employees are hesitant to ask for this accommodation because they don’t want to reveal or call attention to their disability and open themselves up to intrusive questions.Some people are happy to answer questions and educate others about a disability or condition. Others don’t feel comfortable doing that. That’s why it’s important to know how much information employers are entitled to when being asked to provide reasonable accommodation.
The questions need to center on the job
Employers aren’t supposed to ask an applicant or employee if they have a disability, what it is or any details about it. All they can ask is whether a person can perform the functions of the job with reasonable accommodation and what accommodation is necessary. Then they can determine whether that would cause undue hardship or not.It’s typically best when employees can offer valid options based on what has worked for them in the past. This can help employers more easily accommodate them. An employee should never be expected to answer intrusive questions as a quid pro quo for obtaining an accommodation (as in, “Well, I’d like to help you, but I need to know more about your condition.”)
Limited medical documentation can be required
Employers can require a doctor’s letter or other documentation affirming that an employee has a medical necessity for one or more accommodations to perform the required functions of their job. However, a doctor isn’t required to disclose any information that isn’t required of others in that job. Neither can an employer require an applicant or employee to undergo any tests (for example, drug testing) that aren’t required of others.Retaliation against an applicant or employee for not providing unnecessary information is prohibited. Of course, it happens – and it can be hard for a person with a disability to prove that their disability or refusal to provide information was the cause unless an employer is foolish enough to say it.Navigating the workplace with a disability is often challenging. Having experienced legal guidance can help those who believe they’ve faced discrimination that’s cost them a job or hampered their career.]]>On Behalf of Wilson Melton, LLC<![CDATA[When can employers refuse to provide disability accommodations?]]>https://www.wilsonmelton.com/?p=476952026-03-25T06:15:27Z2026-03-25T06:15:27ZDisability discrimination frequently involves a refusal to provide the accommodations a worker requires. Under the Americans with Disabilities Act (ADA), people with debilitating medical conditions can ask their employers to provide them with reasonable accommodations that allow them to perform job functions safely and effectively.
There are a few scenarios in which employers can justify denying requests for reasonable accommodations without necessarily violating the law. When can an employer deny accommodation requests?
When the business has few employees
Technically, the ADA's employment provisions only apply to companies with 15 or more workers. Businesses with fewer employees can choose to accommodate workers but are not subject to the ADA mandate to do so.
When the accommodations are problematic
Some accommodation requests can generate tens of thousands of dollars or more in company expenses. Others might prove disruptive to business operations. If a company can credibly assert that the requested accommodationscause undue hardship, the employer could then justify refusing to provide those accommodations.
When workers fail to follow company procedures
Generally speaking, employees must adhere to company requirements for disability accommodation requests. Many employers have formal policies that may require the submission of a specific document to a manager or a member of the human resources team. If workers don't fulfill company requirements, employers could deny them accommodations until they follow the right procedure.In case where companies have unfairly denied reasonable accommodation requests, workers may potentially have grounds fordisability discrimination lawsuits. Documenting interactions with employers can help validate that the company has refused to uphold the rights of a worker under the ADA.]]>On Behalf of Wilson Melton, LLC<![CDATA[Can an employer refuse to pay contractual bonuses?]]>https://www.wilsonmelton.com/?p=476932026-03-14T13:46:35Z2026-03-14T13:46:35ZPerformance-based bonuses may technically be wages
Some bonuses offered by companies are discretionary or voluntary. If the company shares quarterly profits with workers or offers a small annual holiday bonus, leadership within the organization can decide when and if to provide workers with that augmentation of their wages.
However, bonuses are non-discretionary in cases where they are part of an employee's contract. They are then subject to federal wage rules that govern employee compensation. Additionally, if the company announces a bonus program intended to help retain workers or incentivize better job performance, the bonuses offered in that scenario are also typically mandatory and part of a worker's wages.
When companies refuse to honor promises to provide non-discretionary bonuses to employees, the workers denied the pay they earned may have grounds for a wage lawsuit. Reviewing communications with one’s employer and/or a contract explaining its bonus program – with the support of a skilled legal team – can help workers determine if they are in a strong position to take legal action to pursue an unpaid bonus.]]>On Behalf of Wilson Melton, LLC<![CDATA[Is your employer pushing you to retire?]]>https://www.wilsonmelton.com/?p=476912026-02-24T09:22:35Z2026-02-24T09:22:35ZRetirement is a personal decision. However, some employers make it difficult for employees to voluntarily retire. Some employees above the age of 40 are pressured to retire. This is a form of age discrimination.Here is what to know about it:
It’s often indirect
You may be pressured into retiring without your employer directly asking you to retire. Examples of actions employers commonly use to achieve this include:
Reducing an employee’s responsibilities by removing key duties/high-profile clients, assigning them short-term projects or transferring them to an undesirable or low-demanding department/location.
Reducing investment in an employee’s career growth and financial security. For example, the employee’s training/promotion opportunities become limited, their hours are reduced or they are excluded from new projects.
Making an employee’s role redundant through reducing duties or eliminating their position.
More criticism of an employee’s work by suddenly micromanaging everything they do or constantly issuing unjustified poor performance reviews. This can be aimed at making the employee resign, or so the employer can have grounds for termination.
It can be direct
An employer can directly encourage an employee to retire. You should be concerned if your employer asks about your retirement plans. Or offers you attractive incentives for early retirement without you initiating the conversation. For instance, early retirement bonuses or increased vacation credits. These benefits are generally legal, provided an employee is participating in the programs voluntarily.It’s also not uncommon for some employers to inform older employees that they can’t keep up with the advancements in technology or the younger employees. And so, should consider retiring.An employer who deliberately creates hostile working conditions or introduces elements that make an employee feel pressured to retire may have discriminated against that employee. If you believe your employer is pushing you out of your job, learn more about how to protect your rights. ]]>On Behalf of Wilson Melton, LLC<![CDATA[How much notice do you need to give when you quit your job?]]>https://www.wilsonmelton.com/?p=476892026-02-16T00:19:10Z2026-02-16T00:19:10Znotice to your employer?
Do you have a contract that stipulates notice?
If you have an employment contract, check it for mention of a minimum notice period you must give. Not all contracts have them, but many do. When they do, you are contracted to abide by that unless your employer permits you to leave with less notice. Clearly, they cannot force you to go to work and work out your notice period, but they may be within their rights to take legal action against you if you don’t or withhold bonuses.
What if there is no contract?
If you don’t have an employment contract, then you are effectively employed at-will. Both you and the employer are free to end your working relationship at any time without any obligation for notice from either side. That does not necessarily mean you should just walk out. If it complicates things for your employer or colleagues, it could harm your future job prospects, as employers often ask former employers or ex-colleagues they happen to know for their opinion of a person seeking a job with them.
Even if you are not legally obligated to give notice, your employer may try to tell you that you are or threaten retaliation, like taking you to court or withholding your last paycheck. If that occurs, it may be wise to seek legal guidance to clarify the situation and examine your options.]]>On Behalf of Wilson Melton, LLC<![CDATA[How do I know if I qualify for a family medical leave in Indiana?]]>https://www.wilsonmelton.com/?p=476872026-02-11T14:30:59Z2026-02-11T14:30:59ZTaking time off work shouldn't mean losing your job. Yet many Indiana workers fear exactly that when family emergencies or health crises strike. The truth is, federal law may already protect your right to take necessary leave without sacrificing your career.
Understanding the Family Medical Leave Act
The Family Medical Leave Act (FMLA) is a federal protection that safeguards your employment when you need time away for certain family or health situations. This legislation covers qualifying employers throughout Indiana and across the nation. Through FMLA, you gain access to up to 12 weeks of unpaid absence annually while keeping your health benefits and employment status intact. Upon your return, your employer must place you back in your original role or a comparable position.
Three key requirements you must meet
Now that you understand what FMLA offers, you need to know if you qualify. Before you can request FMLA leave, you must satisfy three basic qualifications:
Employment duration: You must have been with your current employer for no less than 12 months and these months can be non-consecutive.
Hours worked: You must have logged no less than 1,250 service hours in the 12-month period preceding your leave request.
Worksite location: You must be employed at a site where your company employs 50 or more workers within a 75-mile range.
Meeting these requirements is your first step toward securing protected leave. Once you qualify, you can request time off for several important reasons.
Five situations that qualify for protected leave
The FMLA doesn't cover every absence from work. However, it does protect you when you face these specific situations:
When you have a new child: You can take leave following childbirth or when welcoming an adopted or foster child into your family.
When a family member is ill: You may request time away to provide care for an immediate family member facing significant health challenges.
When you face your own health crisis: The law covers you when significant medical issues make it impossible for you to perform your job duties.
When military family needs arise: You can take leave to handle pressing needs related to a family member's active military service.
When caring for injured service members: You can request additional time to provide care for an active or recently discharged service member dealing with severe injuries or medical conditions.
These protections ensure you can focus on what matters most during critical times.
Exercise your right to rest and recover
Understanding your FMLA rights empowers you to take necessary time off when life demands it. You don't have to choose between your job and your family's wellbeing. The law recognizes that certain moments require your full attention and presence. You deserve the time to navigate them without the added stress of employment concerns. Thus, knowing your rights is the first step toward accessing the protections available to you as an Indiana worker.]]>