Posted on May 6, 2025

Get Fined in Indiana for Missing Work!?

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Elkhart, IN — A 29-year-old Elkhart woman has been fined and formally cited after missing a scheduled shift at a local RV factory, following a court ruling that her absence “triggered workplace disruption” and violated a rarely enforced municipal ordinance related to business interference.

The woman, identified only as Ashley, said her babysitter became sick the morning of her shift, leaving her with no option but to stay home and care for her children. “I had no warning,” she said. “It was either miss work or leave my kids home alone. I thought calling in was the responsible thing to do.”

But that call set off a bureaucratic chain reaction. The factory filed a complaint with the city under a provision meant to prevent “unnecessary interruptions of critical economic activity.” Within two weeks, Ashley received a citation in the mail, along with a summons to a municipal compliance hearing.

There, she was informed that her absence had been classified as a “Tier-2 Interruption Event” — a label assigned by a third-party workforce monitoring system used by local employers. The city levied an $85 civil fine and ordered her to pay $250.50 in shift coverage reimbursement fees to the company. A formal notation was also added to her employment profile, a kind of unofficial work record quietly maintained across several local industries.

“I thought I was being pranked,” Ashley said. “Like, how can they fine someone for staying home with their kids when the babysitter cancels last minute? What was I supposed to do — drop them off at the breakroom with snacks and a coloring book?”

She’s not the only one stunned. Coworkers at the plant had plenty to say.

“Oh, so we’re just ticketing people now? What’s next, jail time for being five minutes late?” said one employee, who asked not to be named. “I’ve worked here ten years. I’ve seen people show up drunk, fight in the parking lot, and still get their bonus. But miss one shift to care for your kids and suddenly you’re public enemy number one?”

Another worker put it even more bluntly. “They’re treating missed shifts like DUIs. It’s a factory, not a nuclear power plant. Nobody died because Ashley stayed home.”

The city’s position is that the fine isn’t criminal — it’s administrative. According to an emailed statement from a municipal spokesperson, the enforcement program is designed to “help stabilize high-demand workforce sectors by promoting attendance responsibility.” The statement added that the city does not seek to punish workers but to “encourage proactive solutions to avoid disruptions.”

But critics argue the program is little more than legalized intimidation. The ordinance in question, tucked into a labor compliance initiative passed quietly in 2019, allows local employers to refer cases of “unexcused and operationally impactful absence” to the city’s Code Enforcement Division for administrative review.

“I’ve read the ordinance,” said a local labor advocate familiar with Ashley’s case. “It’s vague enough to be abused and narrow enough to avoid attracting attention. You basically have companies acting like parole officers.”

The hearing itself lasted less than 10 minutes. Ashley said she wasn’t given a lawyer and wasn’t sure she needed one — until it was too late. During the hearing, a company representative stated, “We understand life happens, but when you accept a position here, the expectation is that the job becomes your top priority. That’s how we keep things running.”

“They told me, ‘This isn’t criminal, it’s just procedural,’ like that made it okay,” she said. “But now I have this weird citation, I’m out over three hundred bucks, and I’ve got a mark on my employment file that I didn’t even know existed.”

The file in question is part of a system developed by a private vendor contracted to help Elkhart businesses “align workforce behavior with operational needs.” It’s marketed as a soft screening tool — not a legal record, but something employers can use to evaluate reliability.

According to the vendor’s site, employees can accrue “interruption events” that are color-coded and tiered based on severity, frequency, and how much the employer had to “reactively adjust operations.”

One factory worker rolled his eyes when told about the system. “They’re tracking us like we’re Uber drivers. One star for having the flu, two stars for a funeral. I guess if you give birth on a Monday you better clock in Tuesday or you’re marked red.”

Ashley said she’s already seen consequences. One job application led to a rejection email that mentioned a “reliability review,” a term she suspects is linked to her new record.

“They’re blacklisting people without calling it a blacklist,” she said. “It’s like getting a scarlet letter for being a parent.”

The backlash among fellow workers has been loud — but only off the record. Many fear retaliation for speaking out.

“I’ve got two kids and a truck that barely runs,” said one shift lead. “You think I’m gonna risk my job by complaining out loud? No thanks. But this? It’s total garbage. We all know life happens. The company doesn’t care — they just want warm bodies on the floor.”

Some are more cynical. “You know what this is? It’s a warning shot,” said another longtime employee. “It’s them saying, ‘We own your time now.’ You clock in, you belong to them. You call off, you better have a death certificate. And it better not be your own, or they’ll still fine you.”

The city insists that workers have the right to appeal citations and that the system is transparent. But Ashley disagrees.

“I didn’t even know this could happen. There’s no notice posted anywhere. No HR meeting. Just a fine in the mail and a court date.”

Despite the frustration, Ashley says she’s trying to move on. She’s back at work but more cautious now — and more nervous. She worries what might happen next time her kids get sick or if another sitter cancels.

“I just want to work and take care of my family,” she said. “That used to be enough. Now it feels like I’ve got to choose one or the other.”

For now, Ashley’s hoping to keep her job, avoid any more violations, and somehow find backup childcare that won’t trigger another fine. But she admits the whole experience has changed the way she looks at work.

“I used to think showing up and doing your job was enough,” she said. “Now I feel like I need a lawyer, a babysitter, and a backup babysitter just to punch in.”

As for the city’s policy? She has one suggestion.

“Next time I call off, maybe I’ll just drop the kids off at city hall. If they’re so invested in me working, they can watch them.”