Gavin v. Calcars AB, Inc.
2010 Ind. App. LEXIS 2491
| Ind. Ct. App. | 2010Background
- Gavin worked for Calcars from 2004 until involuntary termination in April 2007.
- On June 6, 2007, Gavin filed a complaint alleging employees were not timely paid and wages were improperly deducted in violation of wage laws.
- Calcars moved for summary judgment in 2010, arguing Gavin's claims fall under the Wage Claims Statute which requires pre-filing with the Indiana Department of Labor.
- Gavin argued his claims fall under the Wage Payment Statute, which does not require pre-filing with the Department of Labor.
- The trial court granted summary judgment for Calcars, holding Gavin's claims were governed by the Wage Claims Statute and barred for lack of pre-filing.
- The Court of Appeals affirmed, ruling that the claimant’s involuntary termination places the dispute under the Wage Claims Statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute governs Gavin's wage dispute? | Gavin: Wage Payment Statute governs. | Calcars: Wage Claims Statute governs. | Wage Claims Statute governs. |
Key Cases Cited
- Steele v. St. Vincent Hosp. and Health Care Ctr., Inc., 766 N.E.2d 699 (Ind. 2002) (distinguishes Wage Claims vs Wage Payment frameworks)
- St. Vincent Hosp. and Health Care Ctr., Inc. v. Steele, 766 N.E.2d 704-05 (Ind. 2002) (explains two wage dispute pathways and claimant status)
- E & L Rental Equipment, Inc. v. Bresland, 782 N.E.2d 1068 (Ind. Ct. App. 2003) (pre-filing requirement under Wage Claims Statute)
- J Squared, Inc. v. Herndon, 822 N.E.2d 633 (Ind. Ct. App. 2005) (Wage Claims Statute applies post-termination wage disputes)
- McCausland v. Walter USA, Inc., 918 N.E.2d 420 (Ind. Ct. App. 2009) (footnote cited regarding Wage Payment Statute applicability)