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Indiana is an "at will" employment state. Employers may terminate employment for almost any reason or no reason at all. However, there are some reasons for termination that are legally prohibited. Employers may not terminate or otherwise discriminate against employees on the basis of race, gender, national origin, religion, disability status or age. Further, employers may not terminate employees for refusing to comply with illegal orders or reporting illegal workplace practices. After termination, an employer must pay the terminated employee all of his outstanding vacation pay. A terminated employee must receive all outstanding wages before the next regularly scheduled payday.
Indiana labor law prevents employers from making deductions from employee wages, except in narrowly defined and legally sanctioned circumstances. Deductions allowed by law include state and federal taxes, union dues, loans made to employees and donations to charity. An employer may not fine an employee for any infraction and deduct the fine from an employee's paycheck. All deductions made other than taxes require the prior written consent of the employee. The employee may revoke authorization for a deduction at any time.
In most circumstances, employees do not have to be paid for time spent on-call. Indiana state law only requires employers to pay their employees for time spent on the premises or under the direct supervision of management. If you are allowed to leave the building while on-call you do not have to be paid. However, if your manager or employer requires that you remain at your place of employment while on-call you have the right to be paid for this time.
Indiana law prohibits employers from blacklisting employees. This means that an employer may only provide truthful information to another employer when giving a reference. Employees who feel that they have been unfairly defamed by a former employer have the right to request all pertinent written communication. The Indiana Department of Labor does not enforce the blacklisting law. Rather, those who feel they have been victimized by blacklisting must hire an attorney and file a suit in civil court.
The state of North Carolina does not require employers to hire the most qualified applicant; however, employers may not base decisions on characteristics not relating to the job. These characteristics may include, but are not limited to, race, sex, national origin, religion, age or a disability. North Carolina employers are also not allowed to ask questions relating to marital status or plans, children or plans, place of birth, sexual orientation or arrest history. Employers are able to ask character questions relating to crime convictions, proof of U.S. residency and job accommodations. Past employers are allowed to present any employee information as long as it is non-confidential and truthful. False information provided by an employee might result in defamation.
Employees in North Carolina are presumed to be "at will" employees. This means that a job position may be terminated for any legal reason, as long as it is not discriminating or wrongful. The state of North Carolina requires employers to pay a minimum wage of $7.25 per hour (as of January 2011), with the exemption of domestic and agricultural employees, which are subject to the federal minimum wage, which is also $7.25 per hour (as of January 2011). Under specific notification and accurate and complete records, service industry employers in North Carolina may count a percentage of employee tips toward the minimum wage. With the exceptions of a few employment positions, employers must pay time and half for each worked hour after the employee reaches 40 worked hours in a workweek.
Safety and Injury
It is required by federal and North Carolina state laws that employers follow work safety guidelines, recognizing any potential hazards that may cause injury or death to employees. The Division of Occupational Safety and Health in the state of North Carolina enforces the 1073 Occupational Safety and Health act, which requires a safe and healthy work environment. This law applies to most private sector employers and all state and local government agencies. Compensation laws in the state of North Carolina are designed to compensate injured or killed employees and/or their dependents following a work-related accident. Compensation amounts vary by case. Employees are also protected by law against any sexual harassment in the workplace.
Employers can terminate an employee at any time, except if the reason was specifically allowed in the employee contract, or for illegal reasons. Employers are not to base job termination on any of the following reasons: sex, race, age, religion, national origin, pregnancy or disability. It is also illegal for an employer to base promotions, job assignments or wages on these characteristics. Employers are also not allowed to terminate an employee for filing a complaint, refusing to break the law or taking leave under the Family and Medical Leave Act.
North Carolina employees who are eligible are allowed to take up to 12 weeks of unpaid leave with the continuation of medical benefits and job restoration upon return. Employees qualify under the Family and Medical Leave Act if they have been working with the employer for one year, or have worked 1,250 hours in the previous year. Employees also qualify it they work for a covered employer, which includes private employers with at least 50 employees, or federal, state and local government agencies and employers. North Carolina also has an unemployment compensation program benefiting employees who have lost their jobs without cause or self-terminated employment under "good cause." Unemployment benefits vary depending on wage; some employees may be allowed continued coverage of health insurance benefits under Consolidated Omnibus Budget Reconciliation Act.
Florida state law stipulates that employees have the right to receive at least minimum wage payment for their work. Florida’s minimum wage is $7.25 as of 2010, which is equal to the federally established minimum wage in 2010. Florida employees who receive tips may receive lesser hourly wages of $4.23–a wage rate established in 2009–provided that their hourly tip rate equals or exceeds $3.02 per hour, according to the State of Florida Agency for Workforce Innovation.
Florida employees who aren’t paid the minimum wage have the right to take civil action against their employers.
Florida Child Employee Rights
Minor Florida employees are entitled to special rights under Florida law. Child employees in Florida have the right to a 30-minute uninterrupted break for every four consecutive hours worked. Child employees have the right to work only in industries determined to be safe by the State of Florida, and are prohibited from working for businesses involving explosives, radioactive materials, mining, slaughtering, and other hazardous occupations.
Florida workers have the right to file for unemployment compensation if they are unemployed or partially unemployed. Employees who have earned at least $3,400 during a particular business quarter, or “base period,” may have the right to monetary compensation. Florida employees may not have the right to unemployment compensation if they were fired for misconduct or voluntarily quit.
Florida employees have the right to a 60-day advance notice in the event of plant closings or mass layoffs. Mass layoffs are defined as firing 33% of the workforce within a 30-day time period.
Employees in Florida are guaranteed the right to a safe workplace environment under Florida state law. Workplaces must be free from dangerous or hazardous elements that might cause physical injury or death. Should the workplace become unsafe, employees have the right to make an anonymous complaint to state or federal agencies without fear of employer reprisal.
Freedom From Discrimination And Harassment
Florida employees have the right to work without fear or discrimination or harassment. It’s illegal under Florida law for employees to be discriminated against because of age, race, sex, disability, religion, national origin or pregnancy. It’s also illegal under Florida law for employees to be sexually harassed, including direct sexual contact, offers of benefits or special favors based on sexual contact or working in an overtly sexual environment.