Employment

7th Circuit revives workplace religious discrimination suit

July 31, 2013
Dave Stafford
A Nigerian employee who asked his employer for time off work to attend his father’s burial rights and was fired when he returned is entitled to a day in court, the 7th Circuit Court of Appeals held Wednesday.
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7th Circuit: New indemnity provision does not release employer from liability

July 30, 2013
Marilyn Odendahl
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
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7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case

July 9, 2013
Jennifer Nelson
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
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SCOTUS ruling limits worker harassment claims

July 3, 2013
The case of Vance v. Ball State University hinged on the definition of 'supervisor.'
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More 2012 law grads find jobs, but overall employment rate dips

June 21, 2013
Jennifer Nelson
The overall employment rate for 2012 law school graduates is at the lowest its been in nearly 20 years, according to data released by NALP Thursday.
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Prior knowledge of criminal history allows FSSA to disqualify employment

May 24, 2013
Jennifer Nelson
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

May 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
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Court erred in barring expert witness in decade-old software suit

May 7, 2013
Dave Stafford
A trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company whose former employees allegedly violated non-compete clauses.
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Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013
Jennifer Nelson
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
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Vincennes did not breach contract with men’s basketball coach

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
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7th Circuit rules for employer on fired worker’s claims

April 25, 2013
Jennifer Nelson
An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.
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GE did not discriminate against employee

April 16, 2013
Jennifer Nelson
A longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the Equal Employment Opportunity Commission.
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Electric cooperative owed no duty to injured contractor

April 10, 2013
Jennifer Nelson
An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
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7th Circuit revives suit for woman with MS fired from city job

April 9, 2013
Dave Stafford
An Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
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7th Circuit affirms for employer in rental equipment fatality

April 9, 2013
Dave Stafford
An employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift, the 7th Circuit Court of Appeals ruled Monday.
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Suit against Catholic diocese alleging firing after fertility treatment proceeds

March 12, 2013
Dave Stafford
A former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent in vitro fertilization treatments may proceed with a suit against the Catholic diocese.
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Rejection of garnishment request upheld

February 14, 2013
Jennifer Nelson
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
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Justices decline to order mediation in walkout fines case

February 13, 2013
IL Staff
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
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COA orders court to determine whether driver fired for just cause

January 22, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.
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Fired rabbi loses appeal

January 17, 2013
Jennifer Nelson
A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.
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Previous back problems not enough to disqualify public employee from disability benefits

January 2, 2013
Marilyn Odendahl
Although an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.
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Rejecting the traditional legal career path

December 19, 2012
Marilyn Odendahl
Statistics may not provide a complete picture of female attorneys’ career aspirations.
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COA divided over dismissing fired HR director’s complaint

November 28, 2012
Jennifer Nelson
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
More

Justices hear arguments in Ball State case

November 26, 2012
Jennifer Nelson
In a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday morning in a lawsuit filed by a Ball State University employee.
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Divided COA allows suit after wage claim fails at Department of Labor

November 14, 2012
Dave Stafford
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
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  1. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  2. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  3. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  4. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  5. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

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