DKB LEGAL counsels and represents clients in a number of employment matters, including:

  • Employment Contracts. Employment contracts are used in a variety of employment settings, particularly executive, management or professional employment relationships. These contracts are useful because they usually explain the duties and benefits for both the employer and employee. Employment contracts are also helpful in protecting the rights of both the employer and the employee. DKB LEGAL represents clients in the review and negotiation of employment contracts. Or, if there is a dispute regarding an employment contract, DKB LEGAL guides its clients through resolution - informally or in court.
  • Non-Competition (or Noncompete) Agreements. Employment contracts often contain noncompete clauses. In addition to noncompetes, employment contracts often include non-solicitation requirements, which limit a former employee's ability to solicit his or her former employer's customers, suppliers or employees. Employment contracts also frequently contain non-disclosure or confidentiality clauses, which limit an employee's ability to share information obtained during employment. DKB LEGAL represents its clients in determining the whether or not noncompete, non-solicitation or non-disclosure provisions are enforceable. And, if a dispute arises, DKB LEGAL has considerable experience litigating noncompete, non-solicitation and confidentiality agreements.
  • Severance Agreements. When an employee leaves employment, the employer may offer a severance agreement. Severance agreements may provide for various payment terms and may include other important provisions, such as releases of claims the employer and employee may have against each other or noncompete requirements.
  • Blacklisting Claims. Indiana places limitations on employers with respect to what they can say about former employees. Specifically, Indiana's blacklisting statute requires that employers disclose only truthful information. If an employer crosses the line and provides false information about a former employee, grounds may exist for a blacklisting claim. On the other hand, if an employer mistakenly provides inaccurate information concerning the former employee, the employee may have a defense against blacklisting claim.
  • "Whistleblower" and Retaliation Claims. The law provides protections for employees who report fraud or other misconduct by their employers or who provide testimony or other evidence against their employers. In addition to reporting employer misconduct or providing evidence, an employee can also bring a qui tam action, which is a legal claim the employee brings against his or her employer on behalf of the government and for which the employee may be entitled to a portion of the damages recovered by the government.
  • Employees who "blow the whistle" may experience various forms of retaliation by their employers. This retaliation can take various forms. For instance, an employer may respond to an employee's reporting misconduct by terminating employment, demoting, harassing, unfairly disciplining otherwise applying pressure on the employee with the intent of causing the employee to quit. Still, it is the employee's burden to show that the employer's actions were in response to the whistle-blowing activity.
  • Wage Claims. There are various state and federal laws in place to ensure that the employees receive all the compensation to which they are entitled. For instance, the federal Fair Labor Standards Act and the Indiana Wage Act cover situations in which an employer pays less than is owed, pays late or fails to comply with overtime requirements. In fact, Indiana law may enable an employee to recover wages owed, as well as substantial additional damages and attorney's fees. Meanwhile, the federal statute sets and enforces the minimum wage and overtime requirements.
  • Family Medical Leave Act. The Family Medical Leave Act ("FMLA") provides that, in certain circumstances, employees are entitled to take up to 12 weeks of unpaid family or medical leave and return to work in the same or a similar position. This statute applies in situations such as illness, caring for a family member, or the birth of a child. The FMLA also applies to intermittent absences, which often result from regular doctor visits or hospital stays.
  • Wrongful Discharge or Termination. The general rule in Indiana is employment "at will." This means that an employer or employee can terminate the employment relationship at any time and for any reason. But, this rule does not apply in all situations. For instance, employment contracts can limit the ability to terminate employment, and the employment at-will doctrine does not apply to certain governmental jobs. In addition, Indiana law recognizes claims for wrongful discharge or termination where an employer fires an employee for exercising certain legal rights or for refusing to do something illegal for which the employee could face personal liability. 
  • Harassment. While most people typically think of sexual harassment, workplace harassment is much broader. It can include any employer conduct directed at employees who belong to certain "protected classes" that create a hostile work environment. Employees may belong to a protected class based on their gender, age, race, religion or national origin. Harassing activity can include insults, bullying, as well as inappropriate jokes, pictures, e-mails, text messages or even social media posts. Harassment can also include just about any behavior that is intended to intimidate or degrade the employee.
  • Discrimination. There are several state and federal laws that make it illegal for an employer to discriminate against an employee based on his or her gender, race, age, disabilities, national origin, religion, pregnancy or sexual orientation. These laws include the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and others. Discrimination often shows up when an employer terminates, demotes or takes some other negative or unfair action with respect to the employee. Discrimination may also exist where there are discrepancies in compensation, benefits or employment opportunities. In addition, it is possible for an employer to face a discrimination claim based on its hiring decisions.
  • Employee Fidcuiary Matters. Indiana law imposes certain fiduciary duties on employees. For instance, even if there is no noncompete agreement in place, employees owe their employers a duty of loyalty while they are employed. Although employees are allowed to make certain preparations to compete, they cannot actively compete with their employers until the employment relationship is terminated. 

DKB LEGAL counsels and represents clients in a number of employment matters, including:

  • Contract Disputes. Contracts are an important part of business and everyday life. DKB LEGAL partners with its clients to make sure their rights are protected and that their interests are preserved by reviewing and evaluating contracts. And, when contract disputes arise, DKB LEGAL works with its clients to achieve resolution - either informally or through the courts.
  • Other Business Disputes. In addition to contract issues, business disputes can arise in a number of other situations. DKB LEGAL has many years of experience representing its clients in various business disputes, including claims for: fraud; negligence; trade secret misappropriation;; unfair competition; business ownership disputes; interference with business and contractual relationships; defamation; insurance coverage; insurance defense; collections; products liability; real estate disputes; and distributorship disputes.