Treat v. Tom Kelley Buick Pontiac GMC Inc., No. 10-3166 (7th Cir. 2011)
Annotate this CasePlaintiff began working at an auto dealership finance department in 2006. Her son began working in the department days later, but both were terminated about three months later. They filed a complaint in federal court alleging a variety of federal and state claims. The district court granted summary judgment in favor of the dealership. The employees appeal only their claim for unpaid wages under the Indiana Wage Payment Statute, Ind. Code 22-2-5-1, dealing with frequency of payment. The Seventh Circuit affirmed. Plaintiffs should have proceeded under the Wage Claims Statute, Ind. Code 22-2-9-1, which deals with claims by discharged employees.
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