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Changing The Terms of Compensation

Thomas B. Blackwell

Can an employer change the terms of compensation for an employee after the employee has completed his or her labors?

It would seem obvious that this would be unfair, but there is no Indiana case on the issue. Other states have held that an employer cannot change the terms of compensation after an employee has performed labors on the employer’s behalf, and that any changes in compensation must be made only prospectively. read more…

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Non-Solicitation/Non-Compete Agreements – One Size Does Not Fit All

HagenowWe recently were again approached by potential clients concerning a review of non- competition and non-solicitation covenants contained within employment agreements. We often receive these types of inquiries, both on behalf of employees and businesses. In fact, Tom Blackwell, a shareholder in Hopper Blackwell, P.C., handled one of the more well known non- compete cases in the State of Indiana. [Dicen v. New Sesco, 839 N.E.2d 684].

While any detailed analysis of the law surrounding non-compete and non-solicitation agreements is too broad of a topic for any one post, we have written about some of those issues before. However, what became apparent from the agreements that we were asked to look at last week is that certain employers are having all of their employees, regardless of the employee’s role at the business, sign the same form non-compete/non-solicitation agreement. read more…

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Mortgagee Beware

HagenowMost lenders who make real estate loans are well aware of the importance of obtaining a mortgage on any of the real estate that serves as collateral for the real estate loan. By properly recording a mortgage, the lender (mortgagee) has put the world on notice that it is asserting an interest in that real estate.

Most lenders also are aware that in the event that the owner does not pay the real estate property taxes, the real estate to which those taxes apply can be sold by the county at a tax sale for purposes of satisfying those taxes. Under the Indiana law, anyone who is asserting an interest in the real estate must be provided notice of that tax sale. However, under the Indiana statutes, the county auditor is not required to send a notice to a mortgagee UNLESS the mortgagee requests that notice be sent to it of all tax sales. read more…

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Start Those Projects You’ve Been Avoiding

HagenowThis past weekend I started and completed a project at my house that I have wanted to do for months. I have known it needed to be done, but frankly I built up the scope of the project in my mind to the point where I was sure it was a several day project, so I kept putting off even starting it.

When I finally committed to actually doing it, and spent some time on some Internet research (Thank you Pinterest!), I discovered there may be a way to complete the project in far less time and with far less work than I thought I was going to need. read more…

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It Does Not Hurt to Try (to Settle)

HagenowDid you know that in the event a business dispute ends up in court, that any settlement discussions or negotiations that occurred before the case goes to trial are not admissible? In other words, the judge or jury will never hear how much one side was willing to pay, nor how much the other side was willing to take, to resolve the dispute.

Many business people are reluctant to engage in active settlement discussions because they are concerned that they re setting a floor or ceiling for what they may ultimately have to pay or can receive. read more…

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