Stephanie Jane Hahn, Attorney at Law PCIndiana Employment Law Attorney | Indianapolis Workplace Discrimination2026-10-13T13:02:07Zhttps://www.stephaniehahn.com/feed/atom/WordPress/wp-content/uploads/sites/1300310/2023/04/cropped-favicon-32x32.pngOn Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Can your Indiana employer fire you for social media posts?]]>https://www.stephaniehahn.com/?p=494022026-10-13T13:02:07Z2026-10-13T13:02:07ZWhen can a social media post get you fired?
An employer may have a reason to discipline or fire you over a post, particularly when the content violates a workplace policy or discloses confidential information.
Having a personal account does not automatically protect you from job consequences. Your employer may also have policies on online conduct, including conduct outside work hours. However, those policies cannot override rights protected by federal or state law.
When might a post be protected?
Some social media activity may be protected when you discuss wages, benefits or working conditions. Federal labor law can protect this type of activity, even without a union.
A post can sometimes count as protected even if you are the only employee posting. For example, you may post about group action or raise a complaint for coworkers.
A personal complaint is not necessarily protected simply because it mentions your job. Other legal protections may apply if your post relates to reporting discrimination, harassment, retaliation or certain workplace safety violations.
Does the First Amendment protect your post?
The First Amendment generally limits government action, not private employers. You usually cannot rely on the First Amendment alone to stop a private Indiana employer from acting on your post.
Public employees may have additional legal protections based on what they said and their role as government employees.
What should you do if you were fired over a post?
Before deleting the post or related messages, save copies of the relevant material. Keep warnings, termination notices and communications about the post.
If your post involved wages, working conditions, discrimination, safety or another workplace concern, the facts may warrant review. An employment attorney can help determine whether your employer's action violated a legal protection.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Can your employer require unpaid training time in Indiana?]]>https://www.stephaniehahn.com/?p=493932026-09-25T15:02:13Z2026-09-25T15:02:13ZWhat training time must your employer pay for?
Under the FLSA, employers generally must count training as hours worked for covered nonexempt employees unless the employer satisfies all four regulatory conditions for excluding that time. The four conditions require employers to hold training outside regular hours and make attendance truly voluntary, ensure the training must not be closely connected to the employee's current duties and ensure the employee performs no productive work during the session. Employers must satisfy all four conditions to exclude the training time.
When can required training become paid work time?
Mandatory onboarding, required safety training and job-related certification programs may constitute compensable work time when attendance is required or the training is directly related to the employee's current job.
Training scheduled before or after a shift may still count as hours worked if it is job-related or required. Even sessions labeled voluntary can raise pay issues if covered nonexempt employees face consequences for not attending or if supervisors create an expectation of attendance.
What should you keep if your training is unpaid?
Keep records that show when the training occurred, what it involved and whether your employer required you to attend. Useful records include:
Training schedules showing dates and times
Emails or messages requiring attendance
Training instructions or company policies
Login or completion records for online sessions
Time records showing when training occurred
These records can help show whether the training was voluntary, related to your current job and how much time you spent completing it.
What should you do if your employer does not pay?
Track the unpaid training time carefully and keep all relevant communications. Review whether the sessions met all four conditions for unpaid status. If unpaid training caused your pay to fall below minimum wage or resulted in unpaid overtime, the issue may warrant further legal review.
How can you protect your right to fair pay?
As a general FLSA rule, training counts as work time unless all four conditions for excluding it are met, although special rules can apply in certain circumstances. If you suspect unpaid training violations, document the conditions and consider consulting with an Indiana employment attorney to help you understand your options.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Can an employer fire you for reporting discrimination?]]>https://www.stephaniehahn.com/?p=493912026-09-21T11:42:24Z2026-09-21T11:42:24ZWhat counts as reporting discrimination?
Workplace discrimination means unfair treatment based on a protected trait. Examples include race, sex, religion, disability or age.
You may report discrimination to a supervisor, human resources or another proper workplace contact. You do not need to use legal terms. You also may not need to file a formal complaint for your report to receive protection.
When termination may be retaliation
Under federal law and applicable Indiana law, an employer generally cannot fire someone for reporting discrimination in good faith. Protection may also apply when an employee helps with a discrimination investigation.
Retaliation can take other forms. An employer may cut your hours, remove duties, deny a promotion or create unfair discipline after your report. Still, not every negative job action is illegal. The timing, facts and stated reason for the action all matter.
Signs that a firing may be retaliation
Certain changes after a complaint may deserve closer review:
Your employer suddenly attacks your work despite a strong record.
Your employer removes key duties or excludes you from meetings.
Your supervisor threatens your job after you report discrimination.
Your employer applies rules to you more harshly than before.
The reason for your firing conflicts with past performance reviews.
These signs do not prove retaliation by themselves. They may show a pattern when viewed with other facts.
What should you do after reporting discrimination?
Save emails, reviews, complaint records and disciplinary notices. Write down dates, conversations and changes in treatment. Follow workplace reporting steps when possible. However, an internal complaint may not be the only way to protect your rights.
In Indiana, you generally must file a retaliation complaint with the EEOC or Indiana Civil Rights Commission before going to court. These deadlines are strict and missing one can bar an otherwise valid claim. An employment attorney can help you understand which deadline applies to your situation and act before it passes.
Reporting discrimination should not cost you your career. Learning the difference between a lawful job decision and retaliation can help you decide what to do next.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Can sexual harassment occur during a video meeting?]]>https://www.stephaniehahn.com/?p=493902026-08-30T19:01:36Z2026-08-30T18:48:11ZExamples of harassment in video meetings
For remote workers in Indianapolis and across the country, the fact that the meeting happens on a screen does not make rude or sexual conduct acceptable. The following are examples of conduct that may qualify as harassment in a video meeting:
Someone appearing partially unclothed on camera
A sexually explicit virtual background or shared screen
Comments about your appearance, clothing, home or living space
Unwanted private messages sent to you during the meeting
Crude jokes or sexual comments in the chat
A supervisor suggesting job benefits depend on accepting their advances
Not every offensive comment will meet the legal standard for harassment, but repeated or serious conduct may. The facts matter, including who made the comment, how often it happened and whether it affected your work.
How to document and report video meeting harassment
If this happens, save the chat messages, take screenshots and write down what was said. Report the conduct through your employer’s process if you can do so safely. If the behavior continues or your employer does not respond, you may want to speak with an employment lawyer about your options.
Online meetings should still follow the same basic workplace rules. When someone crosses the line during a video call, the same legal protections that apply in a physical office apply online and the same steps are available to you.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Can succession planning become age discrimination?]]>https://www.stephaniehahn.com/?p=493892026-08-16T15:08:41Z2026-08-16T15:08:41ZYou have spent years building expertise, mentoring colleagues and delivering results. Then your employer starts talking about "the future of the team," your responsibilities quietly shrink and a younger colleague gets groomed for the role you assumed was yours. Succession planning is a normal part of running a company, but it can cross a legal line when age drives the decisions. Knowing where that line falls helps you tell an ordinary transition apart from something you should challenge.
Age-based decisions in succession planning
Succession planning helps organizations prepare for leadership changes, and there is nothing unlawful about it. The trouble starts when age becomes the reason an employer pushes someone aside. The Age Discrimination in Employment Act (ADEA) protects workers who are 40 and older at companies with at least 20 employees, and the Equal Employment Opportunity Commission spells out the federal rules on age bias that cover promotions, assignments and pay.Indiana law extends similar protection to employees at smaller companies. If leadership blocks your advancement because it assumes older workers are winding down, that reasoning may break the law. Still, employers can make legitimate choices based on performance or business needs, so the motive behind a decision matters.
Retirement pressure and age-related comments
Language often reveals what a decision is really about. Repeated questions about when you plan to retire can signal that managers expect you to step aside. Remarks about wanting "fresh energy" or calling you "set in your ways" point the same direction. A single offhand comment rarely proves anything, but a steady pattern of age-focused talk can support a claim. Note what gets said, who says it and when.
Career setbacks during succession planning
Age discrimination usually shows up in concrete losses rather than words. You might lose a promotion to a far less experienced candidate or watch your duties shift to someone decades younger.Some employers dangle early retirement packages that feel more like ultimatums than offers, and federal law surrounds these waivers with legal protections for older workers that set strict conditions before anyone signs away the right to sue. Others quietly cut you out of training that would keep your skills current. Each move can ease an experienced employee toward the exit while the company avoids an obvious firing.
Evidence of a broader age-based pattern
One incident can be tough to challenge on its own, so context carries weight. Look at whether the company has repeatedly favored younger workers for promotion or eased out several older employees in a short window. Reviews that suddenly sour after years of strong marks can also reveal a shift. The law does let employers act on reasonable factors other than age, such as genuine performance problems, so a clear record pointing to age as the real driver strengthens your position.
Protecting the career you have built
Telling fair planning apart from age discrimination puts you back in control. If the pattern points to age, start writing down dates, comments and decisions today, because a clear timeline is the strongest protection you have. That one habit turns a vague sense of unfairness into evidence you can act on when it counts.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Can employers use comp time to avoid overtime pay?]]>https://www.stephaniehahn.com/?p=493872026-08-12T14:54:29Z2026-08-12T14:54:29ZNo, private-sector employers are not allowed to use comp time under Indiana law. There are some situations in which public-sector employees can be given comp time in lieu of overtime payment. But for most employees across the state, comp time should not be used.Rather than giving the employee additional time off, employers are obligated to pay them 1.5 times their standard rate. This is actually why many workers are eager to take overtime hours if they can get them, as it can dramatically increase their pay during the week. Employers need to pay them appropriately, based on their hourly wage, and should not try to skirt these laws by offering them other types of compensation.
What is comp time?
Compensatory time off is something that employees should recognize if it is offered to them. It essentially means that the worker will be given additional time off to balance the hours that they worked.For instance, an employee may work 45 hours during the week. Their boss then tells them to come in five hours late on the following Monday. Their boss believes that this evens things out so that they can be paid their standard wage for the entire time.Not only is this prohibited for private-sector employees, but it would not even be an even exchange. Because that employee should have been paid time and a half, giving them five hours off would only pay them at their standard rate. They would actually need 7.5 hours off to make up for the same amount of pay. But again, most employers are not allowed to offer this type of exchange in the first place.
Wage and hour violations
Have you been offered comp time or manipulated into using it so that you do not get paid the amount you are due? If so, it is important to understand wage and hour laws and your legal options.
]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[The “likability penalty” for women in the workplace]]>https://www.stephaniehahn.com/?p=493862026-08-04T22:04:14Z2026-08-04T22:04:14ZWhen leadership expectations are not applied equally
Research has shown that women in leadership positions may face what experts call the "likability penalty." According to the nonprofit organization Catalyst, women who display traditionally assertive leadership traits are more likely than men to be viewed as less likable or less approachable, even when demonstrating the same behaviors.
This reflects a broader phenomenon known as gender bias, where workplace expectations can differ based on gender rather than job performance. These perceptions may influence hiring decisions, leadership opportunities and performance evaluations in subtle but meaningful ways.
The impact of these biases can extend throughout a person's career. Statistics shows that women continue to be underrepresented in many senior leadership positions despite making up nearly half of the workforce. Studies published in the Harvard Business Review have also found that women are often evaluated on both competence and warmth, while men are more frequently judged primarily on their competence. As a result, women may feel pressure to carefully manage how they communicate, negotiate or supervise others in ways that their male colleagues do not.
Proving employment discrimination in these cases
Federal and state laws prohibit employment decisions based on sex, including discrimination involving hiring, promotions and workplace treatment. However, proving discrimination can be difficult when bias appears through subjective evaluations or inconsistent standards rather than explicit policies. Patterns such as repeated denial of advancement, unequal discipline or different expectations for similar conduct may warrant closer examination.
If you believe you have been treated differently because of your gender or have experienced unfair treatment at work, learning about your legal rights is an important first step. Speaking with a legal professional can help you better understand your options and determine the best path forward for your situation.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[What happens to bonuses during FMLA leave?]]>https://www.stephaniehahn.com/?p=493842026-07-31T08:30:58Z2026-07-31T08:30:58ZFamily and Medical Leave Act, a federal law that applies in Indiana, does not guarantee every incentive pay during an absence, but it generally requires employers to apply their policies consistently.
When FMLA leave may affect a bonus
Employers often tie bonuses to specific goals, such as:
Meeting a required sales quota
Completing required billable hours
Maintaining a perfect attendance record
If FMLA leave prevents you from meeting a stated goal, your employer may withhold the payment if it applies the same standard to employees taking comparable leave not covered by FMLA, such as paid vacation, sick time or unpaid personal time off.
An incentive based on sales or other work results can be reduced or denied based on your performance. Some plans calculate a partial payment based on the time you worked, but the FMLA does not require this approach. A perfect attendance bonus may also be denied unless the employer excuses similar non-FMLA absences.
Reviewing whether you earned the payment
Indiana wage law may protect incentive pay that qualifies as earned compensation, although not every incentive meets that legal definition. The plan’s terms and the discretion it gives your employer over payment can influence the outcome.
Use this checklist to understand how your employer calculated your payment:
Read the written bonus plan and its eligibility rules.
Compare the policies for FMLA leave and similar absences.
Review emails, pay stubs and earlier payment records.
Request a written explanation for any reduction or denial.
These records can show whether you met the required goals or whether the company applied its policy consistently. If your employer treated your absence differently or withheld an earned bonus, understanding your FMLA rights in Indiana may help you consider your legal options.
When you earned the bonus may matter
A payment issued after your absence can still reflect work you completed beforehand. The payment date is not always the same as the date you earned it. Identifying when you satisfied the plan’s requirements can help clarify whether the issue involves protected time off, unpaid compensation or both.]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Have you experienced an illegal pay cut?]]>https://www.stephaniehahn.com/?p=493822026-07-10T15:15:29Z2026-07-10T15:15:29ZIn and of itself, a pay cut is not inherently illegal. Workers do sometimes find out that their wages are going to be reduced. Their employers certainly may have the authority to make this reduction.
But there are ways that a pay cut could become illegal. This can often cause wage and hour disputes.For example, if your employer announces that they are cutting your pay retroactively, meaning you will be paid less than you thought for hours you already worked, doing so is illegal. All your employer has the right to do is inform you of a pay change that applies to the future. You are not obligated to continue working at the lower wage, so you have to agree to the pay reduction, and you must be informed of it in advance.
What is the reason for the pay reduction?
You may also find yourself wondering why your pay is being reduced. If the reason for the reduction is itself illegal, that could also be problematic.For instance, perhaps you have been experiencing racial discrimination on the job. You came to your employer with a report of the discrimination or harassment you faced. In response, your employer told you that your pay was going to be cut or your hours were going to be reduced.In a situation like that, you could argue that your pay cut is a form of illegal retaliation for bringing forward a valid claim of discrimination on the job.
Understanding your legal options
Situations like this can become complicated, whether you are dealing with discrimination claims, wage and hour disputes or both simultaneously. Make sure you know exactly what legal options you have.
]]>On Behalf of Stephanie Jane Hahn, Attorney at Law PC<![CDATA[Tip pooling is legal in Indiana]]>https://www.stephaniehahn.com/?p=493812026-06-30T03:00:13Z2026-06-30T03:00:13ZTip pooling is the process of combining tips that were earned and then distributing them among the workers. For instance, a local brewery may have five members of the wait staff at work one evening. Instead of directly keeping the tips that are given to them, they put those tips into a general pool and then split them into even fifths.
This process is legal in Indiana. It can sometimes be controversial. Employees may feel that they are entitled to the tips that they earned directly, and they may be resentful of having to share those tips with other workers, especially if those workers brought in a lower amount of tips themselves. From a legal perspective, though, if an employer wants to use a mandatory tip pool, they can do so.
Who can be included?
One of the most common reasons for conflict over tip pools is that ineligible individuals may be included in the pool. As a general rule, managers, supervisors and employers cannot take money out of the pool.For example, the hypothetical brewery owner noted above cannot include themselves in the tip pool and then split those tips six ways, keeping a portion for themselves. They have not directly earned those tips and are not entitled to them, even though they own the business. Only the actual employees at the business, who earned the tips from customers, should be included.As an employee, you may believe that the tip pool has been set up unfairly or that your tips are being taken by your employer without the legal authority to do so. If you find yourself in this position, it could be a serious violation of wage and hour laws, and you need to know what steps to take.]]>