Employee Survival Guide® (Mark Carey)
Explore every episode of Employee Survival Guide®
| Pub. Date | Title | Duration | |
|---|---|---|---|
| 18 Feb 2022 | Congress Ends Forced Arbitration in Sexual Harassment Cases | 00:04:33 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the remarkable new bill passed by Congress banning forced arbitration in sexual assault and sexual harassment cases. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 07 Mar 2022 | Fear Itself : The Causes And Costs Of Workplace Fear | 00:15:36 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark further explores the issue of fear at work by examining some of the most common workplace fears. While the general topic of fear in the workplace is complex as it involves the intersection of human emotional dynamics, psychology, science, business ethics, and employment law, it is important that both employers and employees discuss this very real and important issue. By mentioning some common sources of fear, they will hopefully become more manageable. If it is human it is mentionable. Fear in the workplace is most definitely a part of contemporary human experience. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 11 Mar 2022 | What Happens In The 30,000-Foot Office Stays At The Office Or Maybe Not! | 00:04:51 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the high flying executive jet work environments and the bad actor executives who work there. In the end, narcistic executives cannot escape the reach of sexual harassment laws, even at 30,000 feet in the air. Flight attendants are protected by both state and federal laws against employment discrimination, including sexual harassment and hostile work environments. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 12 Apr 2022 | How to Manage Sexual Harassment Cases After the Federal Ban on Forced Arbitration | 00:06:53 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the March 3, 2022 federal nationwide ban on forced arbitration in sexual harassment and sexual assault cases in employment. Previously employers covered up sexual harassment cases behind confidential arbitration proceedings; the public never had a chance to discover the bad actors and their twisted view of reality. This marks a turning point in every employee's ability to control employer's behavior when they confront sexual harassment in the workplace. Mark walks you through several important tips he uses in handling sexual harassment claims in the wake of this new federal law. If you do not listen to this episode, you could be leaving a substantial amount of money on the settlement table and worse, you could let your employer get away with sexual harassment. It's your call. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 14 Apr 2022 | You Have the Right to Counsel At Work | 00:13:47 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the gross disparity in bargaining power between employees and employers in relation to the concept of paid legal services and employment disputes. Employers have the money to afford employment attorneys, but employees often times do not. Our society does not grant employees an unfettered right to legal counsel in employment cases but does so in the criminal context. Next, Mark discusses the right to have an employment attorney to be present at work disputes at the job site and how employers prohibit employees from having their own employment attorney to represent them while at work. Finally, Mark discusses when you should speak to an employment attorney when specific factual situations arises during work. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 13 May 2022 | The De Minimis Value of Religious Freedoms At Work | 00:09:20 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the myth that employees have a right to religious accommodation at work. The fall out from the vaccine mandate is that no, employees do not have a right to religious accommodation because employers can assert the minimalist of an explanation to deny such an accommodation. Learn how the U.S. Supreme Court let this happen and why the Court is unsettled with that decision. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 31 May 2022 | Corporate Empathy or Just Plain Old Apathetic Employment Practices | 00:05:52 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the recent trend by employers to provide empathy training to managers. Mark argues that this is just an attempt by companies to keep employees from jumping ship to the next employer during this employee run economy. He further argues that what employees really want is to trust their employers and stop fearing if they will be placed on a performance improvement plan or fired without a reason. Mark argues to eliminate the employment at will rule and replace it with a "just-cause" termination rule for all employees. This new rule would create more security and the type of trust where corporate empathy can really strive. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 16 Jun 2022 | The Law of Retaliation At Work: Blind Justice in the Workplace | 00:19:48 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the law of retaliation discrimination in a thoughtful and nonlegalist way. Mark will guide you through which actions are illegal and which are not. He will help you gain a better understanding of retaliation discrimination and how to prove it through self advocacy at work and by using an employment attorney. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 21 Jun 2022 | Employees Are Losing A Big Opportunity to Change Work Forever | 00:08:20 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses how employees are losing a big opportunity to change work forever. Employers are rolling back remote working and job flexibility in favor of the old school employment practices from the "before time". Mark claims employees are not standing up for themselves against employers. This is a critical moment in history for all employees right before we slam into a recession in the Fall 2022. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 26 Jul 2022 | What's In Your Severance Negotiation Plan When the Recession Hits? | 00:06:08 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses that when 2022 recession wave begins to batter your employment status, do you have a plan to bail yourself out of the mess? Specifically, are you planning on receiving severance benefits via a company sponsored severance plan or are you going to build a case against your employer challenging the reason(s) for the termination and attempt to negotiate a settlement? Mark provides important strategies to follow during your next severance negotiation. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 15 Aug 2022 | The Joke- Men and Women Are Unequal in Pay- It's a Fact! | 00:08:34 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the continuous pay disparity among female and male employees. Mark shares two recent studies that support the conclusion that women earn 80 cents on the dollar in comparison to men. He explores several explanations for the cause of the pay disparity. Mark advocates that the facts speak for themselves- men do not want women to be paid equally. Employees 30 years and younger actually have the solution- they share their compensation information with one another in order to get around the employer's wall of pay secrecy. Mark offers the solution that all employers should disclose pay compensation for all employees. There is more financial benefit to "say your pay" than to hide it. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 29 Aug 2022 | The Causes of Quiet Quitting and a Radical Solution | 00:11:13 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses the causes of quiet quitting and lays direct blame on employers themselves. Employers have long instituted anti-employee rules and implemented employer favored laws, but employees now have the advantage. Quiet quitters cannot stand the current corporate work establishment and want something drastically different for themselves and I suspect everyone who works. Mark explains the tide has permanently shifted and he has offered easy solutions that the old school work establishment would perceive as being radical. It's only radical because employers are losing power and they don't like it. Listen in and send Mark any comments you have; free speech is welcomed here. mcarey@capclaw.com. Thank you. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 29 Sep 2022 | How Managers Can Help Quiet Quitters | 00:11:59 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses How Managers Can Help Quiet Quitters. He offers a few simple yet concise considerations to aid managers to help all employees, not just quiet quitters. Managers should avoid toxic work environments, provide transparent communications, avoid the dictator mentality, and requiring employees to do less work than more. Mark closing comments to managers and executives is sharp. Either managers and executives listen to quiet quitters and their objection to the grind work culture of the old school elite, or their company may go under. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 30 Sep 2022 | Marijuana Laws and the American Workplace | 00:11:53 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide®, Mark discusses Marijuana Laws and the American Workplace. Mark explores the proliferation of states legalizing marijuana (aka "weed") and the interplay of medical and recreational weed use among employees. He explores whether or not employers can ban weed use on and off the clock. Mark discusses workplace safety and how that changes the dynamic of medical and recreational use of weed by employees. He discusses drug testing and how the tests are not scientifically correlated to exactly when the employee used the weed, i.e. on or off the clock. Mark then explores how the courts have handled employment cases involving marijuana use. Finally, Mark encourages both employers and employees to know the law before they make decisions to fire employees and before employees use marijuana off the clock so they do not jeopardize their employment. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 28 Oct 2022 | Pay Transparency Is Your Right At Work! #SayYourPay | 00:11:01 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide Mark Carey, an employment attorney, discusses your right to pay transparency at work. #SayYourPay These state and local laws generally impose an affirmative duty on employers to disclose pay ranges for positions when requested by employees or prospective applicants. Generally, these laws require employer disclosure of salary ranges for a position at time of hiring, when an employee changes positions within the organization, or upon request. Colorado and New York City actually require that disclosure of pay ranges be included in all job postings! This episode was written by Chris Avcollie, edited by Matt Zako, and produced by Mark Carey. This topic invo If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 31 Oct 2022 | Workplace Stress and Your Health - Interview With Heather Carey | 00:29:54 | |
Comment on the Show by Sending Mark a Text Message. This is an interview style episode: In This Episode Mark Talks to Heather About: The impact that daily chronic stress has on our health and the lifestyle diseases that result because of it; the seemingly simple things employers can do to help stress at work; what, exactly, causes workplace stress, and if employers are responsible for helping employees. Click HERE to find out more about Heather Carey and her Healthy Online Cooking Classes for your corporate wellness program. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 29 Nov 2022 | Nearly 60% of U.S. Has Had Covid-19 and Now Have a Disability | 00:15:30 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discloses the unspoken impact of the pandemic. The following statement is going to surprise you. There are an estimated 191,796,906 people living in the U.S. who have a disability called Covid-19. (The CDC has reported that 61 million adults in the U.S. live with a disability, but it is unclear if this number includes Covid-19 infections). This includes both individuals who have "recovered" from Covid-19 and those with long-haul Covid-19. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 18 Dec 2022 | December 2022 Layoffs, Recession and Severance Tips | 00:11:02 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the recent layoffs in 2022 and how he predicts a recession is already underway. He then provides helpful information about how to handle the severance negotiation with your employer without using an employment attorney. Mark has provided the following links to help you learn about severance negotiation so you can handle your own negotiation. As a holiday gift to the recently departed/severed, Mark has done all the homework for you and placed all the information you need in our blog posts (HERE and HERE) or our Employee Survival Guide Podcast (3rd Season). Enjoy the freemium! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 19 Dec 2022 | Q&A With Mark Carey: Family Medical Leave Act Questions From Listners | 00:15:21 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark answers questions from listeners regarding the Family Medical Leave Act (FMLA). Mark will provide a factual example based on an employee's real life circumstance and he will interpret the potential play by play about what can happen in the case. These are short fact examples intended to help you familiarize yourself with various aspects of the FMLA so you can spot the issue that may be happening to and how to deal with it. This is the stuff your employer really does not want you to know about and more. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 19 Dec 2022 | Q & A With Mark Carey: Retaliation Claims From Our Listeners | 00:16:55 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark dives into listener questions regarding retaliation claims. Mark analyzes three real life fact examples and provides you with immediate triage analysis of what he would do in each case. You will quickly pick up "pro tips" from Mark and incorporate them into your own situation at work. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 12 Jan 2023 | Federal Government Moves to Ban All Noncompetition Agreements Nationwide | 00:10:00 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the following. In an anticipated and crushing blow to all employers nationwide, the Federal Trade Commission (FTC) on January 5, 2023 issued a proposed rule that would forever ban noncompetition agreements in employment for an estimated 160 million working Americans. Employees have suffered needlessly for far too long under these oppressive and one sided employment agreements that benefit only employers. I have spent my entire legal career voiding these default employer agreements, and on behalf of all employees Hasta La Vista Baby. Employees can weigh in too and cast their ballots in favor of the proposed rule. The FTC has opened public comment on the proposed rule for 60 days and I encourage all employees and executives to send in their stories about how their noncompete agreements ruined their employment prospects and wages. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 06 Feb 2023 | Post Covid-19 Recovery “Is A Disability” | 00:15:23 | |
Comment on the Show by Sending Mark a Text Message. The U.S. Government reports that individuals who have “recovered” from Covid-19 do not have a physical disability under federal disability discrimination laws. However, this conclusion is not accurate, and you need to know why. In an Article on November 18, 2022, I reported that 60% of the U.S. population, 191 million people, have a disability called either Long Haul Covid-19 or “Recovered” from Covid-19. The following information will support this legal and medical conclusion and how businesses, insurance carriers and the federal government do not want to acknowledge it. A new study covering 5 million Americans also supports the conclusion that Covid-19 resides in the body post-infection and can lead to substantially increased risks of further medical consequences upon reinfection. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 20 Feb 2023 | Job Loss, Grief, and Professional Identity | 00:17:45 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide Mark tackles job loss, grief, and professional identity. He realized after so many years counseling clients, he had never written about job loss and the grieving process. Mark not only provides the steps for healthy grieving a job loss, but he also provides examples from former clients. Job loss and grief of losing your job must be better understood and talked about more openly. You will get that insight here. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 23 Feb 2023 | Healthcare Claims Denied Because Not Medically Necessary-and How to Win Them | 00:19:26 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark addresses the important topic of healthcare claim denials because the medical treatment is deemed by the health insurance carrier as "Not Medically Necessary". This is the state of healthcare insurance practice across the country and employees are not being told a thing about this practice of claim denials- until now. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 20 Mar 2023 | Fired or Laidoff What Company Information Can You Take With You and How to Do It? | 00:18:36 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide Mark discusses what things you can take and not take with you after being laid off or terminated for cause. There is a common misperception among employees about what exactly an employer owns. Mark explains that work for hire means anything you do for the employer belongs to the employer. Many employers make employees sign Nondisclosure and Confidential Agreements to protect company information. Listen and find out the quick and easy answers to this very real and large problem many employees experience. The most important item companies cannot control is each employee's individual intellectual property, i.e. their work experience and know how. The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 21 Mar 2023 | Speak Out Act- A Federal Ban on Predispute Confidentiality Agreements Regarding Sexual Harassment and Sexual Assault Victims | 00:14:08 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the recently enacted federal ban on predispute nondisclosure agreements regarding sexual harassment and sexual assault in the workplace. The Speak Out Act bans or voids any and all predispute agreements from prohibiting anyone for complaining about sexual assault and sexual harassment. These agreements are not to be confused with severance, settlement agreements- so called postdispute nondisclosure agreements, which the law does not apply to. Listen to hear Mark explain the reality of the federal ban and how employers have attempted to get around these federal and state bans on nondisclosure of sexual harassment and sexual assault claims by victoms. Mark anticipates the problem is not going to go away. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 22 Mar 2023 | What Is a Hostile Work Environment Anyway? | 00:27:38 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark confronts and explains one of the most overused and most misunderstood employment law phrases out there. What is a hostile work environment anyway? Mark wants to end the confusion once and for all. After you listen to this episode you will know what is and what is not a hostile work environment. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 24 Mar 2023 | Your Layoff Severance First Aid Kit | 00:16:29 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark prepares your layoff first aid kit and instructs you about what should go into it. He will discuss (10) ten steps you need to run through when you receive your layoff notice and severance agreement. Mark offers quick advice from years of handling severance negotiations for thousands of clients. There is a method and you need understand it to maximize your financial severance gain. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 07 Apr 2023 | Employees Now Have New Freedom of Speech Rights At Work | 00:11:51 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discussses the recent federal government action to provide millions of working Americans new Freedom of Speech rights at work by banning pre and post dispute confidentiality agreements and nondisparagement agreements in severance agreements employees receive when they are terminated. The new rules apply to both private sector employees and unionized employees. This is a huge development favoring employees. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 12 Apr 2023 | Employers Don't Want DEI to Succeed! | 00:20:45 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark attacks the DEI initiative and argues that employers just do not want any DEI initiatives to succeed because it is bad for business. Mark wastes no time blaming employers for the DEI fiasco now experienced by employees nationwide. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 16 May 2023 | The Pros & Cons of Oversharing At Work | 00:12:45 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark addresses the issue of oversharing at work. He explores the pros and cons of oversharing. Obviously, oversharing can be damaging to other employees, i.e. mental nervous conditions and coworker abuse, a sexual harassment comment or ageist comment. But oversharing can also be used as a tool to set up your employer and protect your rights, causing your employer to go on the defense, and enhancing your severance package. In the alternative, oversharing can be used to prolong your job and prevent the employer from firing you when you overshare, i.e. complain of discrimination in a time stamped email. Again, another tactic your employer does not want you to know about. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 14 Jun 2023 | Working and Protecting Your Job During Menopause | 00:14:23 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark addresses the taboo issue of the effects of menopause and working. Over half of all employees are women and half of them are at an age where they are experiencing perimenopause and menopause. Mark raises the issue that employers need to do more to accommodate women going through this transition. That the underlying medical and psychological issues that comprise menopause are in fact disabilities that are protected under federal, state and city laws. Mark encourages employees to ask for reasonable accommodations to address symptoms at work and taking leaves of absences if needed. He provides helpful information to help you protect yourself while going through menopause and how managers can become more aware of this taboo but important subject. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 28 Jun 2023 | The Games Employers Play | 00:50:24 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark addresses the games employers play with employees. Mark recently had two consultations with perspective clients and wanted to share the insights he shared with both individuals to help each person understand the games their employers were playing with them and what they could do about it to persuade the employers to pay them increased severance. Mark provides an overwhelming amount of information in the episode, and it is the same information he shares during his consultations with perspective clients. This episode is intended to take the blinders off employees about what their employers are doing to them (playing games) and how to effectively leverage a successful severance negotiation to their advantage. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 03 Jul 2023 | The Most Shocking Sexual Harassment Case Ever: Interview With Reporter Susan Antilla | 00:39:23 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark addresses one of the worst possible sexual harassment and sexual assault stories that has ever occurred in the workplace. Mark interviews veteran news reporter and author Susan Antilla, NYTimes and Insider, who broke the story. It is just shocking what happened to Renee Zinsky and other women who worked for this employer. The ramifications of the story are begining to impact this company and its reputation. The interview, article and the complaint just speak for themselves. It is just a remarkable and dramatic tale of insanity of a magnitude Mark has never seen before in his entire legal career, and he has seen a lot of crap go down with clients and their workplaces. Link to Blog article Mark wrote about this story and internal link to the Insider story written by Susan Antilla. CLICK HERE. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 26 Sep 2023 | When the Earth Shifted: The Banning of Non-Competition Agreements | 00:11:59 | |
Comment on the Show by Sending Mark a Text Message. The Earth shifted beneath our feet on May 30, 2023, when the National Labor Relations Board (NLRB) General Counsel declared non-competition agreements illegal. This is a game-changer, folks! Our discussion centers around the key reasons why this legal opinion packs the punch of law, the crucial role of administrative deference, and the jurisdiction of significant federal agencies like the NLRB. We also trace the ripple effects of this seismic shift on employers and employees alike, and the potential recourse for those on the receiving end of non-competition agreement threats. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 10 Oct 2023 | Two Wins for Pregnant and Working Moms | 00:22:48 | |
Comment on the Show by Sending Mark a Text Message. What if there were laws to protect the rights of pregnant and nursing mothers at work? Well, get ready to expand your knowledge on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) that set the pace for better treatment of working mothers. Join us on this enlightening journey as we unravel the intricacies of these acts that mandate employers to provide reasonable accommodations to pregnant and postpartum workers, and ensure nursing mothers get ample break times and a private space to express breast milk. We'll delve into the key victories these laws represent for an overwhelming 9 million nursing mothers in the workplace- a ray of hope in the daunting task of juggling motherhood and work. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 19 Oct 2023 | Performance Reviews Don't Work- Employers Are to Blame | 00:10:56 | |
Comment on the Show by Sending Mark a Text Message. In this episode I discuss why performance reviews do not work and why employers are to blame. Changing the name doesn't change the game! We confront the rising trend of replacing 'performance reviews' with softer terms like 'feedback' and 'feed forward.' Drawing on my own experiences as an employment attorney, we discuss the distinct lack of effective training for managers and the resulting damage to employee engagement and trust. We wrap up by emphasizing the crucial need for employers to view employees as valuable entities rather than mere 'human capital.' Join us on this enlightening journey and equip yourself with the knowledge to navigate these challenging workplace dynamics. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 14 Nov 2023 | Menopause Friendly Workplaces | 00:16:16 | |
Comment on the Show by Sending Mark a Text Message. Ready to discover the untapped benefits of creating menopause-friendly workplaces? Buckle up as we take you through the enlightening findings of Bank of America's study on menopause in the workplace. We uncover the critical need for employers to address the challenges faced by women going through this life-changing phase. By ignoring this key issue, companies not only fuel gender inequality but also risk financial losses. In our deep-dive analysis, we lay bare the impact of menopause on women's work lives, the alarming communication gap between employers and female staff, and the uncomfortable stigma surrounding discussions of menopausal symptoms at work. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 16 Feb 2024 | Now it is Easier for Employees to Blow the Whistle Under Sarbanes Oxley Act | 00:16:55 | |
Comment on the Show by Sending Mark a Text Message. Discover the seismic shift in whistleblower protections as we trace the footsteps of Trevor Murray, the former UBS employee whose courage has carved a new path in the legal jungle. This episode is a treasure trove of insights for anyone standing at the crossroads of ethical decisions in the workplace, offering a guiding light through the murky waters of corporate fraud and employee rights under the Sarbanes-Oxley Act. With the recent Supreme Court ruling in Murray's favor, whistleblowers now have a fighting chance, needing only to demonstrate that their actions were a contributing factor to adverse employment actions rather than the sole reason. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 22 Feb 2024 | Navigating ERISA STD and LTD Disability Claims Process: Insider Strategies for Securing Your Benefits | 01:11:41 | |
Comment on the Show by Sending Mark a Text Message. Have you ever been thrust into the bewildering maze of disability claims? Fear not, because Mark is here to guide you through this critical journey. On today’s episode is a comprehensive roadmap of the ERISA disability claims process, where Mark unravels the intricacies of both short-term and long-term disability benefits. Each step, from the initial claim to the potential transition to long-term benefits, is packed with nuances and essential tactics. Mark dissects the importance of a detailed narrative, the power of medical documentation, and the subtleties of communicating with your employer and the claims person at the insurance carrier. Plus, Mark will explore the protections offered by the FMLA and ADA, ensuring you're armed with the knowledge to protect your job and income during challenging times. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 23 Feb 2024 | Performance Reviews Are Now Controlled By AI and Provide Constant Feedback | 00:14:38 | |
Comment on the Show by Sending Mark a Text Message. Could an algorithm determine your career future? We're peering into the transformative world of AI-driven employee performance reviews, dissecting the complexities and the concerns they introduce into the workplace. This episode takes a hard look at the implications of replacing traditional performance evaluations with AI's continuous feedback loop, as highlighted by the Wall Street Journal. There's a lingering question about whether this technology could unfairly influence terminations rather than enhancing fairness and transparency. With a critical lens, we navigate the murky waters of AI transparency, the programmers behind the curtain, and the potential biases that machines could perpetuate. It's a conversation about the trust deficit between American workers and management, and how genuine employee engagement is about more than surveillance—it's about building a fundamental trust that no AI can replicate. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 02 Mar 2024 | An Extreme Hostile Work Environment Case: The Billie Banks vs. General Motors Story | 00:57:42 | |
Comment on the Show by Sending Mark a Text Message. Embark on a legal journey that cuts to the core of workplace ethics as we dissect the Billie Banks vs. General Motors case, a paramount lawsuit that challenges our understanding of race-based discrimination and hostile work environments. This episode lays bare the incidents of racial taunts and sexual harassment that Banks endured, exploring the employer's inadequate response and the subsequent legal battles that ensued. We promise to guide you through the complexities of the law, the precedents that shape court decisions, and the nuances of retaliation, disparate treatment claims, and what truly constitutes a hostile work setting. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 12 Mar 2024 | Corporate DEI Causes Racism and Reverse Discrimination | 00:16:25 | |
Comment on the Show by Sending Mark a Text Message. Could your company's efforts to foster diversity be paradoxically fueling discrimination? Unpack the complexity of corporate DEI programs with us, as we scrutinize their waning popularity and the alarming suggestion that these well-intentioned initiatives might actually be nurturing a new kind of racism and reverse discrimination. In an era where affirmative action and its ripple effects are under the Supreme Court's microscope, we dive into the legal and ethical quagmire faced by businesses striving to balance inclusivity with anti-discrimination laws. Through candid conversations and real-life narratives, we peel back the layers on the legal tightrope that companies walk as they navigate these transformative times. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 19 Mar 2024 | Carol Tomka's Battle: Confronting Sexual Assault and Harassment in the Workplace | 00:54:14 | |
Comment on the Show by Sending Mark a Text Message. Can you imagine facing a nightmare in the very place meant for professional growth? Carol Tomka's story, set nearly three decades ago, echoes the chilling experiences that, unfortunately, still resonate in today's workplaces. This episode brings to light the harrowing journey of Carol, who suffered sexual assault and harassment within the confines of her job at Sieler's Environmental Services. Your ears won't believe the denial and legal wrangling that ensued as we walk through the painful reality many face in silence. It's a grim reminder of why the fight against workplace sexual assault and harassment is far from over. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 17 Apr 2024 | Negative Impacts of AI on Employees and Working | 00:52:12 | |
Comment on the Show by Sending Mark a Text Message. Could the very tools designed to enhance our productivity in the workplace be silently shaping a future of bias and invasion of privacy? Join me, Mark, as we delve into the profound impact AI is having on employment, from the boardroom to the break room. Along with insights from industry consultants, we unpack the transformative effects on hiring practices, highlighting the unseen biases lurking within AI algorithms. We confront the unsettling reality of how these systems could perpetuate discrimination and examine their role in employee surveillance, questioning the trade-off between efficiency and ethical practice. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 23 Apr 2024 | Big Win For Employees Proving Discrimination:The Job Transfer Equals “Some Harm” | 00:10:52 | |
Comment on the Show by Sending Mark a Text Message. Discover the legal game-changer that's levelling the playing field for employees in our latest episode, where we unpack the monumental Supreme Court decision in Muldrow v. City of St. Louis, Missouri. Celebrate with us the unanimous ruling that revamps the burden of proof on workplace discrimination, shifting from "significant harm" to just "some harm." This landmark case swings open the doors for employees to challenge discriminatory acts without the daunting task of proving extensive damage to their careers. Tune in to understand how this pivotal adjustment can potentially alter every facet of employment law, and arm employees across all sectors with a more potent weapon against workplace injustice. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 01 May 2024 | Breaking the Chains: The FTC’s Ban on Non-Compete Agreements | 00:24:01 | |
Comment on the Show by Sending Mark a Text Message. Prepare to be liberated from the shackles of non-compete agreements! This episode peels back the layers of the Federal Trade Commission's revolutionary ban that's set to empower approximately 30 million workers by September 4, 2024. We're not just talking about the end of these restrictive agreements—get ready to explore the strategic legal chess game that's unfolding as the U.S. Chamber of Commerce gears up for a significant challenge. With high-stakes implications for labor mobility and innovation, we dissect the rule's nuances, its special provisions for top executives, and concrete steps for employers to stay compliant. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 03 Jun 2024 | Employers Are Still Pushing Arbitration of Sex Discrimination Cases in Violation of Federal Law | 00:19:19 | |
Comment on the Show by Sending Mark a Text Message. Can employers really push for arbitration in sex discrimination cases, flouting federal laws? Join me, Mark, as we dissect this pressing concern and shed light on the ramifications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Signed into law by President Biden, this legislation was supposed to be a beacon of hope, but in reality, many employers and their legal teams continue to demand arbitration, blatantly violating the law. We'll also unravel the expansive definition of sexual harassment under the Act, which covers all forms of sex-based and gender-based discrimination, including sexual orientation and pregnancy discrimination. Through my personal encounters and legal confrontations, I underscore the importance of understanding and asserting your rights. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 23 Jul 2024 | Filing Successful Complaints With the U.S. EEOC | 00:26:28 | |
Comment on the Show by Sending Mark a Text Message. What if you could transform your EEOC complaint into a powerful tool to negotiate a severance/settlement with your employer? Join me, Mark, as I unlock the secrets to filing successful complaints with the EEOC and state agencies. With my extensive background in employment law, I’ll guide you through the essential steps, from understanding the crucial 180 or 300-day filing windows to the importance of completing and notarizing Form 5 accurately. Discover how dual filing with both federal and state agencies can be a game-changer, especially in states like California and New York, where employee protections and financial outcomes are more favorable. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 26 Jul 2024 | "Employee Power" Has Evaporated | 00:13:10 | |
Comment on the Show by Sending Mark a Text Message. "Employee Power" has evaporated. Join us as we explore the dramatic shift in workplace dynamics, from the leverage employees once held to the regained control of employers. We scrutinize the initial factors that boosted employee confidence, such as the pandemic and social unrest, and delve into how the stabilization of economic conditions has allowed employers to roll back wage increases, remote work options, and promotions. We'll also dissect the FTC's new rule banning non-compete agreements, the rise and fall of DEI initiatives, and the rise of MEI (Merit, Excellence, and Intelligence) as the new corporate mantra. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 27 Jul 2024 | Mastering Employment Law: A Pop Quiz With Mark on Workplace Rights, Discrimination, and Harassment | 00:20:36 | |
Comment on the Show by Sending Mark a Text Message. Ready to test your employment law knowledge and uncover critical distinctions in the workplace? Join Mark for a pop quiz to test your knowledge. We promise you'll gain valuable insights into the differences between employees and independent contractors, understand the key protected classes under federal anti-discrimination laws, and grasp the essentials of the Fair Labor Standards Act (FLSA). From the nuances of at-will employment to the requirements of the Family Medical Leave Act (FMLA), we cover it all to ensure you're well-versed in these crucial topics. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 26 Aug 2024 | Texas Court Blocks FTC Ban on Noncompete Agreements But the FTC Rule is Not Dead Yet | 00:10:52 | |
Comment on the Show by Sending Mark a Text Message. Are non-compete agreements holding back American workers? Join me, Mark, for a deep dive into the FTC's groundbreaking rule banning these contentious clauses and the fierce legal battles ignited by it. We'll dissect the pivotal Texas court decision that seeks to block the rule and its far-reaching implications for millions of employees. Understand how the Administrative Procedure Act and conflicting judicial opinions from Texas and Pennsylvania are shaping this debate, and what it all means for the upcoming presidential election. We'll also explore the economic consequences for employers and why the rule's enforcement date of September 4th, 2024, is crucial, pending appellate and Supreme Court reviews. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 08 Oct 2024 | Employees Have No Freedom of Speech At Work | 00:10:25 | |
Comment on the Show by Sending Mark a Text Message. Unlock the mysteries of employee speech rights within private companies and discover the surprising realities that might affect you. Have you ever questioned whether your freedom of speech truly extends into the workplace? We'll unravel the limitations of the First Amendment for private workers and spotlight when speech is, in fact, protected under laws like the National Labor Relations Act and whistleblower statutes. With examples from state-specific protections such as Connecticut's General Statutes 31-51Q, this episode empowers you with the knowledge to navigate workplace speech with caution and confidence. Whether you're speaking out on public matters or simply trying to understand company policies, grasp the nuances of your legal standing and know when it’s time to consult a legal expert. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 26 Nov 2024 | Update on FTC Ban on Noncompetition Agreements | 00:14:55 | |
Comment on the Show by Sending Mark a Text Message. Unlock the complexities of the ongoing legal battle over non-compete agreements with the latest episode of the Employee Survival Guide. Discover the intricacies of the Federal Trade Commission's attempt to ban these agreements, and how a Texas federal court's decision to halt the rule nationwide on August 20, 2024, has tipped the scales against employees. With the FTC not backing down, their appeal to the Fifth Circuit Court of Appeals could be a game-changer. We'll dissect the unfolding timelines, including the FTC's appeal brief deadline on January 2, 2025, and discuss what these developments mean for the future of non-compete clauses in employment contracts. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 27 Nov 2024 | Dealing with Employer Fraudulent Inducement on New Job Offers | 00:17:49 | |
Comment on the Show by Sending Mark a Text Message. Can you spot the signs of deceit in your workplace recruitment process? Join us on the Employee Survival Guide as we expose the unsettling reality of fraudulent inducement tactics some employers use to lure talent away from secure jobs. Drawing from my extensive legal experience and real-life client cases, we uncover the unlawfull practices where false promises about job roles lead to unexpected terminations, often within a year. Learn about the illegal deceptive recruitment strategies and understand the importance of building a detailed narrative to support claims of fraudulent inducement. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 05 Dec 2024 | Patricia Olivieri's Big Win Against Stifel and Defeating Forced Arbitration in Sex Discrimination Cases. | 00:14:37 | |
Comment on the Show by Sending Mark a Text Message. This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 05 Dec 2024 | Former NFL Player Teyo Johnson's Sexual Harassment Story, Forced Arbitration, and One Unbelievable CEO | 00:12:56 | |
Comment on the Show by Sending Mark a Text Message. This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 02 Jun 2020 | Intro Episode | 00:00:29 | |
Comment on the Show by Sending Mark a Text Message. Listen to the Employee Survival Guide podcast latest episode here https://capclaw.com/employee-survival-guide-podcast/ If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 19 Aug 2020 | Removing Unwanted Noncompetition Employment Agreements | 00:05:57 | |
Comment on the Show by Sending Mark a Text Message. In this edition of the Employee Survival Guide you will learn the real truth about why employers use noncompetition agreements and the strategies that we employ to remove these unwanted self-serving employment agreements for our clients. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 21 Aug 2020 | How to Negotiate a Severance Package With Your Employer | 00:21:20 | |
Comment on the Show by Sending Mark a Text Message. This episode of the Employee Survival Guide discusses a very important topic of how to negotiate a severance package with your employer. Your host Attorney Mark Carey will run you through his tactics and strategies of how to negotiate a successful severance agreements. Mark's knowledge covers more than 24 years negotiating severance employment agreements for employees and executives. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 02 Sep 2020 | Supreme Court Says Sex Discrimination Includes Homosexuality and Transgender Statuts | 00:07:37 | |
Comment on the Show by Sending Mark a Text Message. The Supreme Court just issued a ground-breaking Bostock decision making it unlawful for employers to discriminate on the basis of a person’s sexuality or gender identity. About half the states already had laws protecting LGBTQ employees, but this decision extends employment rights to all LGBTQ folks in America and opens the federal courts to them. In this quarantine Pride Month, devoid of parades and parties, the Bostock decision is certainly something to celebrate! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 04 Sep 2020 | The Workplace of Tomorrow: A New Path | 00:09:33 | |
Comment on the Show by Sending Mark a Text Message. Employers should seriously consider the current “relationship” they have with their employees. Employees are the backbone of each company and employers could not exist without them. Trust- that’s what employees want right now and presumptively have always wanted it. Now that the blinders are coming off due to Covid-19, employers must realize they cannot abuse employees and treat them like a number. There are currently Forty million plus (40,000,000) job terminations during this pandemic, this is not exactly what I would call building trust with your employees. These recently terminated employees (“Your Ex-Employees”), are real people of all races and backgrounds, with emotions, goals, financial issues just like you. If you give employees a real sense of security in their jobs, they will reword their employers tenfold- with #EmployeeTrust and increased EBITDA (aka profitability). Employers- show your employees they can trust you at all times– that you got their backs in times of trouble. Here are a couple of suggestions:
This list of perks employers can provide to develop and ensure employee trust is endless and specific to your company, but you get the main idea. Yes, employees need perks too! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 18 Sep 2020 | Fear of Covid-19 At Work: How to Apply For Disability Benefits Through Your Employer | 00:07:41 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide we discuss how to apply for disability benefits through your employer if you fear for your personal safety at the workplace due to Covid-19. Whether you have an anxiety or panic disorder or you are trying to protect your vulnerability due to Covid-19, Employment Attorney Mark Carey will give you a short guide about how to apply for your employer's Short Term Disability benefits and Long Term Disability benefits under a federal statute called ERISA (Employee Retirement Income Security Act). Mark will also discuss the very important overlap with the Family Medical Leave Act, the Americans With Disabilities Act and state antidiscrimination laws. He will show you how protected you actually are against your employer unfairly terminating you for taking a much needed disability leave of absence due to Covid-19. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 23 Oct 2020 | COVID-19 CANCELS ALL NONCOMPETE AGREEMENTS DUE TO IMPOSSIBILITY | 00:08:10 | |
Comment on the Show by Sending Mark a Text Message. You’re a free agent and your noncompetition agreement is void! That should make you feel less stressed about getting your next job in the very industry you have spent so many years cultivating, especially during this pandemic. Yes, I know your employer made you sign a noncompetition agreement when you were hired, but Covid-19 has changed everything. I did not like noncompetition agreements before Covid-19 and I dislike them even more now seven months into this pandemic. According to the latest jobs report, click HERE, “the total number of people claiming benefits in all programs for the week ending September 19 was 25,505,499…” If you are a judge presiding over a complaint brought by an employer attempting to enforce a noncompetition agreement, would you enforce it against the unemployed employee in the face of these jobless numbers? Answer, No! Regardless of the law related to noncompetition agreements (restrictive covenant), no judge will want to prevent employees terminated without cause from getting a new job. Who is going to pay for the employee’s food? Who is going to pay for the employee’s mortgage? How is she going to buy medication or diapers? The time has now come to confront the idiotic, senseless and self-serving practice followed by 50% of all employers to force noncompetition agreements on vulnerable employees, especially during this pandemic. We need to protect employees and the income they need right now to survive. We also need to confront employers and demand they stop using noncompetition agreements altogether because they are abusive and unnecessary. Employers are already overprotected by making employees sign Confidentiality and Proprietary Information Agreements, which protect against the disclosure of company trade secrets to third party employers. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 06 Nov 2020 | You Have the Right To…NOT Remain Silent…Dealing With Bullies In The Workplace | 00:08:38 | |
Comment on the Show by Sending Mark a Text Message. According to the Workplace Bullying Institute (“WBI”) (https://workplacebullying.org/) nineteen percent (19%) of adult Americans experience workplace bullying. That means that some sixty point three (60.3) million workers are affected by this type of misconduct. Sixty-five percent (65%) of the people bullied at work are women and seventy percent (70%) of the perpetrators are men. Approximately sixty one percent (61%) of bullying is committed by a supervisor or boss. In 2019 a Monster.com survey revealed that nearly ninety-four percent (94%) of responding employees reported being bullied in the workplace. These statistics are shocking when one considers that there is no federal law and few state laws prohibiting or even acknowledging bullying in the American workplace. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 06 Nov 2020 | Thinking Outside the “Black Box”: The Interactive Process of Disability Accommodations During Covid-19 | 00:16:06 | |
Comment on the Show by Sending Mark a Text Message. When it comes to the world of requests for disability accommodations under the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act, the “black box” or the “unseen internal mechanism,” is the ever elusive “interactive process”. This is the process of information gathering and discussion between the employee requesting the disability accommodation and the employer who is obligated to determine whether the accommodation requested will be granted. I analogize this process to a “black box” because it is inherently opaque. Why? While the ADA and the Rehabilitation Act require that both employers and employees engage in this interactive process, neither statute precisely defines what it is or when it starts or ends. It is not clear what precisely the employer must do in this process or what the employee can and should expect. How long should the process take? How does anyone know if they are doing it correctly? How do we know the proper accommodations were considered? Now factor in the public health, work place safety, and personal medical complexities of the Covid-19 pandemic and the concomitant work-from home revolution and the box becomes even blacker. Do employers have to offer the same accommodations to teleworkers that they offered to workers when they were on site? Are accommodations automatically available for those with health conditions that put them at greater risk for Covid-19? If a disabled employee was able to do her job during temporary telework periods due to Covid-19, is she entitled to continue telework after the employer resumes regular operations? More importantly, what is the specific “interactive process” that will be used to decide these issues? If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 23 Dec 2020 | Oh Ye of Little Faith! Does the Company I Work for Have More Religious Freedom Than I Do? | 00:10:02 | |
Comment on the Show by Sending Mark a Text Message. When it comes to freedom of religious expression in the commercial context, the corporation you work for may have more rights than you do. How is this possible? Well, as you may know, there is a peculiar legal doctrine that regards corporate organizations as “persons.” Although we all know corporations are not exactly “people,” the law treats them as if they were. This is what lawyers call a “legal fiction.” We know it’s not literally true but the law pretends it’s true to make things work. This particular legal fiction is the source of many unjust and inequitable laws. What is worse is that it is so deeply ingrained in our jurisprudence that people no longer question it. They should definitely start. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 04 Jan 2021 | 5 Ways To Beat Employer Performance Improvement Plans (PIPS) | 00:12:08 | |
Comment on the Show by Sending Mark a Text Message. In this episode, Mark discusses five ways to beat your employer's performance improvement plan (PIP) and enhance your chances of receiving a severance payout. These tips are groomed from twenty-four years of litigating PIPS. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 15 Jan 2021 | What To Expect When You're Expecting To Be - Fired! | 00:09:05 | |
Comment on the Show by Sending Mark a Text Message. 1. THINK OF YOUR SEPARATION/SEVERANCE OFFER AS A NEGOTIATION. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 15 Jan 2021 | Civil Disobedience and the Workplace: The Economic Consequences of Political Conscience | 00:05:35 | |
Comment on the Show by Sending Mark a Text Message. Podcast explores freedom of speech by political activists on January 6, 2021 when they stormed the Capital Building and their employer's reaction - immediate termination of an at-will employee. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 25 Jan 2021 | Employer Mandated Covid-19 Vaccinations - Can They Do That? | 00:09:35 | |
Comment on the Show by Sending Mark a Text Message. This episode explores the new controversy surrounding employer mandated Covid-19 vaccinations. Can employers do that? The simple answer is yes. The episode explores earlier governmental intrusion related to the smallpox epidemic of 1905 and then brings it forward to the current Covid-19 era. Mark explores your liberty interest to be free from governmental intrusion now being orchestrated through each individual's employment. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 05 Feb 2021 | The Devil Wears Santoni Shoes - This Boss Was No Angel | 00:41:51 | |
Comment on the Show by Sending Mark a Text Message. In this episode, Mark shares a real life story of a woman who was loyal to the company and did everything they asked of her. We have modified the names and facts to conceal the identities and ensure confidentiality. Her boss was a billionaire but by his actions you would consider him a cheap capitalist. They refused to make her an employee with health benefits and she struggled for seven years as an independent contractor, working 60-70 hours per week, until the company finally made a her full time employee with health benefits. She had two pregnancies while working, and her employer forced her to work during her pregnancy leaves. Soon after, she was diagnosed with breast cancer and needed surgery and chemo therapy. She continued to work tirelessly even while on medical leave. Her cancer spread, she needed more surgery to remove her ovaries and more chemo therapy. She continued to work through her recovery. But then her employer forced her out on family medical leave without her consent, twice. The second time she was not allowed to return to work and forced into disability leave of absence. The company cut off her health insurance when they terminated her, just as she was to receive further cancer treatments. Her husband was also suffering from cancer and no access to health insurance. Mark provides commentary about the employer's discriminatory and unlawful actions to get rid of this employee solely because she was a woman, over forty, and diagnosed with two forms of cancer. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 18 Feb 2021 | The Long Overdue Death of Nondisclosure Agreements: Uncovering the Hidden Truth of Employment Settlements | 00:13:42 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the use of nondisclosure or confidentiality provisions in settlement agreements. In essence, employers seek to hide their bad acts behind confidentiality agreements and shield them from public disclosure. Mark explores a new California statute being proposed that will further provide transparency to unlawful employer conduct. Finally, Mark provides a solution to creating more equality in the work place by banning nondisclosure agreements and two other initiatives he has been raising for several years. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 25 Feb 2021 | C'mon, Man! Employees Continue to Get Screwed Over | 00:10:08 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide Mark confronts systemic barriers created by employers that promote inequality of gender, age, race, sex, sexual orientation etc. and protects bad actors and bad companies from public exposure of their illegal actions and public shaming. Mark examines the current social equality movement (#metoo and BLM) to find system barriers thrown in their faces of employees by the very employers who publicly denounce sexism and racism. Employers should be banned from using confidentiality agreements in employment discrimination settlements. We should ban the employment-at will rule because it only promotes biased discrimination in the workplace. And finally, every case should be made public instead of being forced into the black hole of arbitration. We need to know how our employers are treating our coworkers and ultimately ourselves. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 05 Mar 2021 | When Can Non-Competition Agreements Be Enforced Against Independent Contractors? | 00:09:27 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the enforceability of noncompetition agreements on independent contractors and whether they can be voided. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 10 Mar 2021 | Can You Sue Your Employer for Covid-19 Illness? | 00:17:14 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the whether you can sue your employer for contracting Covid-19 while at work. The discussion explores the Workers' Compensation system in each state and other types of common law claims that may be asserted against employers. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 24 Mar 2021 | The Man Who Lost His Voice Box and His Career | 00:18:43 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark shares a real life story about a successful executive who lost his voice box due to cancer and then lost his career. Mark guides us through the initial stages of the employee's successful career until he was diagnosed with throat cancer. Once the employee lost his ability to speak, his employer intentionally discriminated against the employee in an attempt to force him to quick his job. The employee took a leave of absence under the ADA and the FMLA and was able to reach a successful settlement with the employer. Mark notes the employee was able to carve out of the settlement the employee's ongoing short and long term disability benefits; he did not waive his claims for STD and LTD benefits. Mark then describes the difficulty and illegal actions taken by the disability benefits insurance carrier to claim the employee had an anxiety disability and not a physical disability, the loss of his voice box. Mark describes the administrative process the employee followed to eventually obtain an award for LTD benefits for his physical disability, the loss of his voice box. Mark concludes by summarizing the multi-layered process that every employee must follow to deal with employment discrimination and unlawful actions by a disability carrier to deny disability benefits. The employee successfully complained of employment discrimination, obtained a sizable settlement and then proceeded to challenge his disability benefits denial and won. All of these actions were accomplished without the need for filing a lawsuit or costly litigation in court. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 27 Apr 2021 | Employment Tips From A Manager: Becoming a Great Employee | 00:08:35 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark shares important tips from a manager on how to become a great employee. These tips are gathered from real life employment law cases Mark has litigated and from his years managing employees at his office. The tips include the following: If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 30 Apr 2021 | An Employment Severance Agreement Explained in Detail | 00:12:57 | |
Comment on the Show by Sending Mark a Text Message. Whether or not you use an employment attorney to review and negotiate your employment severance agreement, you need to know the mechanics of the agreement. The following episode will go in depth and explain the legal terms in an understandable way. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 12 May 2021 | Cancel Culture is Illegal at Work! | 00:08:08 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the social movement of cancel culture and why it is illegal in the workplace. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 28 May 2021 | Feedback Responses to Cancel Culture is Illegal At Work | 00:05:40 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the feedback responses he received from his first article and podcast Cancel Culture is Illegal At Work. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 01 Jun 2021 | Is It Worth It to Sue Your Employer? | 00:09:56 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses whether it is worth it to sue your employer. The discussion covers the factors you will need to consider whether or not to sue your employer, which include the amount of time needed, paying for an hourly vs. contingency attorney, will the suit create a permanent record for new employers, whether or not you mitigated your damages and finding a sense of justice and what that means. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 11 Jun 2021 | Mark Talks With Nick Corcodilos about Enforcing Oral Promises and Effective Job Search Strategies | 00:49:41 | |
Comment on the Show by Sending Mark a Text Message. On this episode of the Employee Survival Guide Mark Carey has an interesting discussion with his friend Nick Corcodilos from Asktheheadhunter.com. The focus of the hearty exchange is about oral promises of employment and how to enforce them when the employer gets cold feet. They also discuss job search methods and how to conduct a successful job search using targeted job search strategies. Mark and Nick share stories and tips from their combined experience handling employment law matters and counseling clients regarding landing a job. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 15 Jul 2021 | The End of Noncompete Agreements Nationally | 00:06:37 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses a controversial new public policy change from the federal government to issue a Federal Trade Commission rule to ban noncompetition agreements in employment nationally; historically this is a state law domain. As usual, Mark adds his commentary of this historic event based on his years of employment litigation on the issue of noncompetition agreements and similar issues. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 21 Jul 2021 | Metlife and Employment Racism, Black Lives Matter, and Diversity Initiatives | 00:12:55 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses a current employment discrimination case brought by a former Metlife employee in Connecticut on December 4, 2019. The employee, who is Black, accuses Metlife of race discrimination in her employment. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 27 Aug 2021 | Employee Apathy About Their Rights and Deceptive Employer Practices | 00:10:25 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses how employees have little knowledge and information about their employment rights and it is not their fault. Mark examines the employer's role to maintain constant control and providing limited information about employment rights to protect employees. Mark argues that employers treat employees like opponents by using manipulative employment practices, including forced arbitration, noncompetition agreements, employment at will. Employers need to spend more money and energy helping employees not setting them up for failure. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. Tags: Employee Apathy If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 14 Oct 2021 | Biden Mandates Covid-19 Vaccination For All Federal and Private Employees Nationwide | 00:05:40 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark discusses the September 9, 2021 Vaccine Mandate by President Biden. Now, with just one Executive Order to the U.S. Department of Labor, the battle is on. The DOL can now institute enforcement actions and levy fines up to $14,000 per violation. As we already know, the U.S. Equal Employment Opportunity Commission issued guidance to employers that they can mandate vaccination without threat of lawsuits by employees. What does this mean for you if you have not received a Covid-19 vaccination? You must either assert a medical disability accommodation to your employer to avoid the vaccine or be fired. You must also assert a religious exemption to the vaccination or be fired. Yes, this also means that employment attorneys will be very busy fielding endless telephone inquiries about this issue. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 15 Oct 2021 | “Take This Vaccine and Shove It!” Should Employers Get to Decide What Their Employees Believe? | 00:09:17 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the murky waters currently surrounding many unvaccinated employees, the vaccine mandate and their religious convictions. Mark asks the tough questions, including should employers control their employee's religious faith. Dive in, the discussion is complex and involves everyone who believes in the First Amendment and religious freedom. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 22 Oct 2021 | "Oh, The Humanity!" The Human Cost of Vaccine Mandates | 00:07:43 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the fall out of the vaccine mandate and employee religious beliefs. "The core issue for me is: Are the employees requesting exemptions being considered a means to an end or as an end in themselves? If they are a means to an end, then placing them on indefinite unpaid leave and forcing as many as possible to get a vaccine they object to on religious grounds is a reasonable solution. If however, they are an end in themselves, they must be treated as human beings and are entitled to individual dignity, consideration, and respect. Concern for their physical and mental well being is paramount. If United had asked this question first, then placing its employees on unpaid leave because they requested an accommodation provided by law would be out of the question." For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 19 Nov 2021 | 10 Employment Law Tips for Recent College Graduates | 00:26:44 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark provides the top ten employment tips for recent college graduates, and everyone else. College grads are learning how to work, but college never prepared them for real actual work. Mark can help here by explanation important topics these college grads will definitely face in their new jobs. In this episode, Mark explores 1) The Job Search and Interview; 2) the Offer and Acceptance; 3) the At-Will Job and Internships; 4) Noncompetition Agreements; 5) Discrimination; 6) the Family Medical Leave Act; 7) Salary vs. Hourly- How to Known When You Are Entitled to Overtime; 8) Remote Work; 9) Social Media; and 10) Severance Negotiation. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 08 Dec 2021 | Why I'm Riding 10,000 Miles for Multiple Sclerosis | 00:03:41 | |
Comment on the Show by Sending Mark a Text Message. Mark is raising money for Multiple Sclerosis research and needs your help today. This short podcast is Mark's story about his year long fundraiser to cycle 10,000 miles to help cure MS and to cure his wife Heather's MS. You can donate using the links below. Thank you for donating and Happy Holidays! For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 10 Dec 2021 | Why Do I Need To Understand Workplace Legal Issues? | 00:11:54 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the disparity of power between employees and corporations, in particular the information and financial disparity. Although corporations outspend employees on legal fees by millions of dollars regarding employment matters, Mark discusses how employees can arm themselves with knowledge of employment law concepts/issues to legally outpace and counteract employers without spending money on an employment attorney. Mark also advocates hiring an employment attorney when you really need the invaluable assistance and experience from a practicing employment attorney to get the job done. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com . If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 15 Dec 2021 | Why Employees Can't React With Fear At Work. | 00:04:07 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the issue of fear in the workplace and how employees can quickly identify fear and how to get around it using an easy to adopt skill or trick. Once employees are aware of fear and overcome it, they can quickly take advantage of workplace situations. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 26 Jan 2022 | Performance Improvement Plans Are Inherently Discriminatory | 00:08:37 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores how performance improvement plans are inherently discriminatory. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||
| 01 Feb 2022 | Employer Monitoring of Remote Employees During the Pandemic | 00:11:23 | |
Comment on the Show by Sending Mark a Text Message. In this episode of the Employee Survival Guide, Mark explores the very relevant topic of employer monitoring of remote employees during the pandemic. From Zoom calls to desktop spyware, employers are watching employees and everything that the microphone on your computer device can pick up. Employees have no privacy at work, even remotely in their own homes. Mark points out that nearly 80% of employers use software monitoring on computers and devices issued to employees, and even on their personal devices. Listen to the research Mark has collected and his helpful hints to protect yourself. For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. | |||