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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!

What if the future of workplace dynamics hinges on a single legal battle? This episode unpacks the groundbreaking case of former NFL player Teyo Johnson's lawsuit against EveryRealm and its CEO, Janine Yorio, centered around allegations of sexual harassment and a controversial "KYP game." As we navigate this complex legal landscape, we highlight the transformative Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which empowers employees to sidestep mandatory arbitration and take their claims to court. This pivotal shift could redefine how companies address workplace harassment, ushering in a new era of accountability and employee empowerment.

We explore the significance of understanding employment contracts and the invaluable role of meticulous documentation when facing harassment or discrimination. Johnson's experience serves as a crucial reminder of the enduring importance of respect, fairness, and accountability, even in the rapidly evolving metaverse work environment. By examining how laws like Title VII and the New York City Human Rights Law are applied, this conversation sheds light on the evolving legal system that supports employees more than ever. Join us as we discuss how Johnson's case could reshape power dynamics in workplaces and encourage companies to take proactive steps against harassment.

Click here to read the case decision in Teyo v. Everyrealm 22 civ 6669 (SDNY Oct. 6 2022).

This episode involves the Johnson v. Everyrealm, Inc. case, where a former employee sued his employer and executives for race and pay discrimination, sexual harassment, and retaliation. The employer sought to compel arbitration based on an employment agreement, but the employee argued that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2021 prevented this. The court ruled that the employee's sexual harassment claims, plausibly alleging unwanted gender-based conduct in New York City, were sufficient to invoke the EFAA. Consequently, the court denied the employer's motion to compel arbitration, allowing the entire case to proceed. The court's decision hinged on interpreting the EFAA's scope to encompass the entire case, not just the sexual harassment claims.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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!

What if a groundbreaking law could redefine how we handle sexual harassment claims in the workplace? Join us as we unravel the gripping case of Olivieri v. Stiefel, a corporate drama wrapped in legal intrigue and power struggles. Patricia Olivieri, a former client services associate, is not just fighting against alleged sexual harassment but is also challenging the constraints of her prior arbitration agreement, thanks to the new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Discover how this pivotal legislation might enable her to bypass arbitration and take her allegations of misconduct and retaliation straight to court, setting a legal precedent that could impact corporate accountability across the nation.

In this episode, we dive deep into the allegations against Olivieri's manager, Neil Eiler, whose inappropriate behavior pushed Olivieri to her limits. From graphic discussions to unwanted physical contact, her journey through reporting and retaliation reveals a complex narrative of workplace harassment. As Stiefel's internal investigation unfolds, led by HR's Zach Anderson, we explore the nuances of legal accrual and the implications of the EFAA on Olivieri's case, especially after her return from maternity leave. This episode promises to shed light on how these developments could transform workplace harassment litigation, exposing the tensions and tactics within corporate walls.

Click here to read the case decision Olivieri v. Stifel, Nicolaus & Co. 112 F.4th 74 (2d Cir. 2024)

The Second Circuit Court of Appeals affirmed a lower court's decision in Olivieri v. Stifel, rejecting the defendants' motion to compel arbitration. The case centers on whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) applies to the plaintiff's claims of retaliatory hostile work environment. The court determined that the plaintiff's claims, which accrued after the EFAA's enactment due to the continuing violation doctrine, fall under the EFAA's purview, thus rendering the arbitration agreement unenforceable. The court addressed and rejected arguments concerning the EFAA's retroactive application and the definition of "sexual harassment dispute." The ruling confirms the plaintiff's right to pursue her case in federal 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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Shift the balance of power back into your hands as we unravel the ineffectiveness of non-competes for most employees and the bolstered protection non-disclosure agreements and trade secret laws provide without overextending. You'll gain insights into the FTC's anticipatory moves to secure favorable legal grounds and the anticipated decrease in litigation for workers wishing to advance their careers unimpeded. This episode isn't just a discussion; it's a clarion call for employees to navigate the new employment landscape with confidence.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Peek behind the curtain of the Supreme Court with us to decode the implications of Justice Kagan's strategic opinion writing, suggesting a more nuanced internal negotiation process than meets the eye. This episode doesn't just reveal the mechanics of court politics, but it also signals a transformative moment for employee rights in the dynamic landscape of modern work relations. We shed light on the importance of such legal advancements, supporting employees in an employment atmosphere that is often skewed against them. Join us for a compelling discourse on how this judicial shift promises a fairer fight for justice in the 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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

In a world where AI's judgment can influence your career trajectory, understanding its reach into performance evaluations and mental health assessments is crucial. Our discussion traverses the spectrum from the benefits of AI, such as personalized support and early symptom detection for mental well-being, to the darker side of increased scrutiny and emotional surveillance. We dissect the delicate balance between leveraging AI for good while safeguarding against its potential to exacerbate workplace stress and breach the sanctity of personal data.

Finally, we grapple with the complex relationship between trust and technology as AI surveillance becomes an unwelcome fixture in our professional lives. I emphasize the pressing need for self-awareness and proactive measures in protecting our digital footprints from prying algorithmic eyes. The responsibility to navigate these murky waters lies not only with employers and regulators but with each of us as individuals. As we sign off, I urge you to stay vigilant and informed, for the AI-driven workplace is not a distant future—it's here, and its implications are profound.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

As we navigate the complexities of employer liability, Robert Bowe's investigation, and Sealer's internal decisions, we confront the sobering legal battles Carol endured. The courtroom became a battleground for defining the liability of employers under Title VII, with the Second Circuit weighing in on Sealer's responsibilities. This chapter of Carol's saga isn't just about the legalities; it's a crucial discourse on the mishandling of boundaries in professional settings. Listeners will gain a deeper understanding of the legal framework and the ever-important issue of maintaining respect and safety in the workplace.

Lastly, we dissect the legal twists in Tomka's case, scrutinizing the alleged retaliatory discharge and the role of trial in such disputes. This episode doesn't just recount the facts; it delves into the human aspect—the impact of employer actions on an individual's career and the complex dance of proving discrimination in court. By revisiting the Second Circuit's reversal and the settlement that followed, we stress the importance of clear definitions when it comes to supervisor roles and the conditions they create. Join us in a thought-provoking exploration that aims to arm employees with the knowledge to confront and overcome workplace challenges.

Link to Case Decision: Tomka v. Sieler Corp., 2d Cir. 
https://caselaw.findlaw.com/court/us-2nd-circuit/1321133.html

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode is not just a critique but a journey to understand the soul of corporate America's struggle with diversity. Listen closely as we confront the thorny issues surrounding race-based quotas and metrics, and how they might betray the very principles of equality and meritocracy they aim to uphold. With references to historical civil rights statutes and an analysis of current legal perspectives, we aim to provide a nuanced view of the ongoing debate. We don't shy away from the contentious—the experience of employees who feel marginalized by DEI initiatives, the debate over the validity of tools like Harvard's implicit bias test, or the case of alleged reverse discrimination at Morgan Stanley. Join us for an unflinching look at the challenges of achieving true equity in the workplace without infringing on individual rights.

Links:

https://capclaw.com/employers-dont-want-dei-to-succeed/
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
https://www.pionline.com/esg/wall-streets-dei-retreat-has-officially-begun
https://www.wsj.com/articles/reports-of-dei-death-are-greatly-exaggerated-implicit-bias-test-systemic-racism-f7122674?st=y9son25mrjp7w00&reflink=desktopwebshare_permalink
https://capclaw.com/wp-content/uploads/2024/03/Meyersburg-v-Morgan-Stanley.pdf

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Hear the harrowing tale of Banks's struggles with General Motors—a narrative that exposes the dark side of corporate America and the challenges of disability leave. As we scrutinize the suspension of benefits and the questionable psychiatric evaluations Banks faced, we highlight the bitter realities of discrimination in the workplace. Banks's story isn't just a legal case; it's an eye-opener on corporate missteps , hostile work environments and their dire consequences on an individual's career and well-being. This chapter offers an unflinching look at the personal toll exacted by workplace discrimination and the uphill battle for justice and respect.

Our final act pulls back the curtain on the legal labyrinth that Banks navigated in her pursuit of vindication. Analyzing the district court's initial rulings, the pivotal reversal of the hostile work environment claim, and the Supreme Court's perspective on discrete acts of discrimination, we illustrate the concrete implications for employees like Banks. Join us as we evaluate the continuing violation doctrine, the critical timing for filing discrimination charges under Title VII, and the profound impact of judicial interpretation on workplace hostility—ultimately reinforcing the importance of these legal concepts for employees.

Case Update: On February 8, 2024, the U.S. District Court for the Western District of New York reported the parties had reached an undisclosed settlement.  A resolution that took ten years!!  Obviously, the facts did not look great for the defendant before trial which was to start on July 12, 2024.   

Link to Court Decision:  
https://law.justia.com/cases/federal/appellate-courts/ca2/21-2640/21-2640-2023-09-07.html

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Links:

The Performance Review is Dying. Make Way for a Firehose of Feedback

The Movie "Her"

2001 a Space Odyssey- Hal

"The State of the Union is Not Good" 

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

In this episode, Mark delves into the art of compiling a robust claim file, the challenges of mental health claims, and the strategic use of insider strategies for dealing with insurance carriers.  He also uncovers the significance of fiduciary responsibilities and the potential of surveillance tactics. For those already on long-term disability,  Mark discusses the importance of remaining vigilant and the necessity of applying for Social Security Disability Income (SSDI) as part of the process.

Lastly, should you find yourself at the precipice of an ERISA litigation battle, Mark will equip you with the strategies to win at the administrative level before you ever reach court.  Mark will explore the federal court process, the importance of engaging an experienced ERISA attorney, and how to craft a narrative that resonates with a judge. Winning disability cases at the administrative level is no small feat, but with the right approach—which Mark will meticulously break down—success is within reach. So tune in and let’s ensure you're prepared to secure the benefits you rightfully deserve.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Step into the arena where the scales of justice have tipped in favor of truth, as I dissect the nuances of establishing a solid fraud claim and the pivotal role of employment lawyers in this intricate dance. The conversation goes beyond the headlines, peeling back the layers of legal procedures, the strategic use of documentation, and the ever-important timelines that can make or break a case. As we explore the employer's hefty burden of proof and the impact of whistleblowing on employment termination, you'll emerge armed with the knowledge and confidence to navigate the complexities of workplace law, and perhaps, even change the game. Join me as we tackle the implications of this landmark decision for executives and employees alike, setting the stage for our next episode where we'll continue to unravel the fabric of workplace law.

Links in Episode:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/23pdf/22-660_7648.pdf

Employees can file claims by going to the OSHA website www.osha.gov/html/RAmap.html or call OSHA at 1-800-321-OSHA (6742).  For a copy of SOX, the regulations (29 CFR 1980), and other information go to www.osha.gov and click on the link for Whistleblower”.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

What if we told you that there's a hidden financial motive behind the creation of menopause-friendly workspaces? Hold onto your seats as we expose the financial implications of neglecting this vital issue. From the Bank of America study findings, we reveal how companies are beginning to wake up to the importance of this topic, yet we also highlight the hurdles that persist. We conclude with practical strategies for employers to foster menopause-friendly workplaces, emphasizing the power of open dialogue in dispelling misconceptions and promoting equity. This episode is a must for those committed to creating an inclusive workplace.

Links to sites mentioned:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/business.bofa.com/content/dam/flagship/workplace-benefits/id20_0905/documents/BofA_Lifestage-Report.pdf
https://www.nytimes.com/2023/05/22/nyregion/menopause-women-work.html?unlocked_article_code=1.-Uw.cYZ7.k4VePGRKYlg2&smid=url-share
https://hellobonafide.com/blogs/news/what-are-the-34-symptoms-of-menopause
https://menopause.org/
https://www.mavenclinic.com/programs/menopause
https://midday.health/
https://peppy.health/us/
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/8397591.fs1.hubspotusercontent-na1.net/hubfs/8397591/US%20Website%20Content%20-%20Resources/Steps%20to%20creating%20a%20menopause-friendly%20environment%20US.pdf
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/8397591.fs1.hubspotusercontent-na1.net/hubfs/8397591/US%20Website%20Content%20-%20Resources/How%20to%20have%20a%20menopause%20conversation%20as%20a%20manager%20US.pdf
https://www.pressdemocrat.com/article/industrynews/a-movement-to-make-workplaces-menopause-friendly/
https://law.justia.com/cases/federal/district-courts/FSupp2/94/68/2568968/
https://law.justia.com/cases/federal/district-courts/georgia/gamdce/4:2017cv00029/101094/12/
https://casetext.com/case/mesias-v-cravath-swaine-moore-llp

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Links to Source Material:
https://www.shrm.org/hr-today/news/hr-magazine/spring-2023/pages/the-problem-with-performance-reviews.aspx
https://capclaw.com/employnomics/
https://www.nber.org/papers/w31762 Why Women Won
https://www.wsj.com/lifestyle/careers/companies-worker-management-feedback-feedforward-hr-9758d6a7?st=w0oqoil1scpj41l&reflink=desktopwebshare_permalink
https://www.performancereviewssoftware.com/cost-of-performance-management-software-in-2021/
https://www.gallup.com/workplace/468233/employee-engagement-needs-rebound-2023.aspx
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/sjfventures.com/wp-content/uploads/2015/11/Employees_Matter_Executive_Summary_PDF.pdf
https://www.workiva.com/resources/what-is-esg-environmental-social-governance

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Our conversation doesn't end there. We'll dig deeper into how you, as a working mother, can leverage these acts to your benefit. From the importance of written requests for accommodations to maximizing protections through interactive processes, we've got you covered. However, it's not just about knowing your rights, it's also about holding employers accountable. So, we also shed light on the process of filing a complaint for non-compliance. Moreover, we put a spotlight on the urgent need for comprehensive paid leave policies in the US, to ensure that no mother has to choose between her job and her newborn. Wrapping up, we touch on a crucial yet often overlooked aspect of a successful business - employee engagement, loyalty, and trust. So get ready for an insightful episode packed with practical advice, informative discussions, and thought-provoking conversations about the world of working moms.

Links:
Providing Urgent Maternal Protections for Nursing Mothers Act
Filing Complaint under PUMP Act
Pregnant Workers Fairness Act
Filing Complaint under PWFA
2019 PEW Research Report: Among 41 countries, only U.S. lacks paid parental leave
NYTimes Article:

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Prepare yourself to traverse the terrain of this monumental change in employment law. We delve deep into the NLRB General Counsel's memo's critical reference to the 13th Amendment and its relevance to the ever-evolving discourse on labor rights. The episode closes on a hopeful note, as we underline the significance of this development for labor relations and worker rights nationwide. Tune in, absorb the wisdom, and arm yourself with the knowledge to navigate this new world order.

Links referred to in episode:
https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-on-non-competes-violating-the-national
https://apps.nlrb.gov/link/document.aspx/09031d4583a87168

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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 case is captioned as Renee Zinsky v. Michael Russin, Russin Financial, Russin Group, Simon Arias, III, Arias Agencies, S.A. Arias Holdings, LLC, American Income Life Insurance Compay, W.D. Pa. 2:22cv00547 (MJH) (filed 11/1/2022).

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.  

Links to sources in the podcast episode:
https://www.bls.gov/opub/ted/2023/labor-force-participation-rate-for-women-highest-in-the-district-of-columbia-in-2022.htm#:~:text=For%20the%20nation%20as%20a,was%2056.8%20percent%20in%202022.
https://www.nytimes.com/2023/04/28/well/live/menopause-symptoms-work-women.html?smid=url-share

Link to blog article on the same subject: https://capclaw.com/working-and-protecting-your-job-during-menopause/

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.   

Links to sources in the podcast episode:
https://www.wsj.com/articles/when-bringing-your-whole-self-to-work-is-too-much-8a590034?st=5vnv97uogual3g0&reflink=desktopwebshare_permalink
https://en.wikipedia.org/wiki/Mental_Health_Awareness_Month
https://www.linkedin.com/pulse/how-stop-oversharing-your-boss-get-ahead-by-linkedin-news/
https://www.nytimes.com/interactive/2018/06/15/business/pregnancy-discrimination.html

Link to blog article on the same subject: https://capclaw.com/the-pros-and-cons-of-oversharing-personal-information-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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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. 

Links to sources in the podcast episode:

https://www.patreon.com/profvrandall?utm_medium=clipboard_copy&utm_source=copyLink&utm_campaign=creatorshare_fan&utm_content=join_link
https://hbr.org/2022/01/the-angry-black-woman-stereotype-at-work
https://www.healthline.com/health/depression/situational-depression
https://hbr.org/2022/12/the-failure-of-the-dei-industrial-complex

Link to blog article on the same subject: https://capclaw.com/employers-dont-want-dei-to-succeed/

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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. 

Links to sources for podcast:
https://capclaw.com/employees-now-have-new-freedom-of-speech-rights-at-work/
https://www.nlrb.gov/about-nlrb/who-we-are
https://www.nlrb.gov/news-outreach/news-story/board-rules-that-employers-may-not-offer-severance-agreements-requiring
https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act
https://en.wikipedia.org/wiki/Speak_Out_Act
https://capclaw.com/podcast-speak-out-act-a-federal-ban-on-predispute-confidentiality-agreements-regarding-sexual-harassment-and-sexual-assault-victims/
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/speak-out-act-compliance.aspx
https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/pages/nondisclosure-nondisparagement-agreement-states.aspx
https://www.americanbar.org/groups/business_law/publications/blt/2016/09/03_cohen/
https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-with-guidance-to-regions-on-severance
https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-with-guidance-to-regions-on-severance


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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.   

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Join me, Mark, as we navigate through the intertwined legal proceedings of the Ryan LLC v. FTC case in Texas and the ATS Tree Service LLC v. FTC case in Pennsylvania. Judge Kelly Hodge's recent ruling against ATS's motion to pause proceedings adds another layer of intrigue, as ATS faces the unusual scenario of challenging a rule already stopped nationwide. We'll explore Judge Hodge's reasoning and its implications for the legal landscape, all while keeping an eye on how these cases could redefine the boundaries of non-compete agreements. Tune in for an analysis that will keep you informed and engaged in the ever-evolving world of employment law.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.   

Links mentioned in the show:
https://www.shrm.org/resourcesandtools/tools-and-samples/hr-glossary/pages/hostile-work-environment.aspx
https://www.eeoc.gov/harassment

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Speak Out Act.
https://www.natlawreview.com/article/new-speak-out-act-voids-predispute-nondisclosure-and-nondisparagement-provisions
ban on forced arbitration
National Women's Law Center, April 2020 Fact Sheet: Limiting Nondisclosure and Nondisparagement Agreements That Silence Workers: Policy Recommendations.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode was prompted by a Wall Street Journal article Mark read dated March 16, 2023 captioned: Worried About Layoffs? What Files You Can Take With You—and How to Do It

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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. 

Mark is an ERISA benefits attorney, as well as an employment attorney, and he walks through the steps you need to go through when you get a denial letter from a health insurance company.  He provides the quick insight you need to get the claim approved, especially when the healthcare treatment is needed in an emergency situation.  Mark explains the insurance game and how to beat it.  If you listen to the episode, you will avoid the insurance game and get the benefits you are entitled to ASAP.  

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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. 

Here are the links to the Sources used in this episode:

https://www.tandfonline.com/doi/epdf/10.1080/10615806.2019.1619703?needAccess=true&role=button
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9354410/1
https://www.vumc.org/health-wellness/news-resource-articles/stress-and-job-loss
https://www.tandfonline.com/doi/epdf/10.1080/10615806.2019.1619703?needAccess=true&role=button
https://www.vumc.org/health-wellness/news-resource-articles/stress-and-job-loss
https://capclaw.com/contact-us/

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

https://www.eeoc.gov/newsroom/eeoc-adds-new-section-clarifying-when-covid-19-may-be-disability-updating-technical
https://www.nature.com/articles/s41591-022-02051-3
https://www.eeoc.gov/newsroom/eeoc-adds-new-section-clarifying-when-covid-19-may-be-disability-updating-technical
https://www.covid.gov/
https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/05/fact-sheet-the-biden-administration-accelerates-whole-of-government-effort-to-prevent-detect-and-treat-long-covid/
https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html
https://www.eeoc.gov/laws/guidance/eeo-laws-employees-affected-zika-virus
https://capclaw.com/contact-us/

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.  

Mark goes further into the details of this proposed rule and what it means for all employees nationwide.  He provides critical and timely insight to this dramatic change in the relationship between employees and employers.  

Employees Can Speak Out

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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 want a pdf copy of the EEOC Affidavit template, send Mark an email through his website below and he will send it to you- for free!  If you need an employment attorney, please do not hesitate to contact us at Carey & Associates, P.C. HERE!

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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 nearly 60% of the U.S. population has a disability, then Covid-19 has also become a mass-equalization event.  The disease affects all races, genders, ages, nationalities.  Yes, now 60% of all of you have something in common, Covid-19, and you all live with a shared experience that may transform how you think about one another.  It may be difficult to dislike someone who has something in common with you.  Covid-19 may just be the one event where we all look at each other equally, not clouded by some form of bias associated with skin color, sexual orientation, gender, age, nationality, political affiliation, wealth group etc.

But explores a darker truth about post-Covid-19 infection, the U.S. Government does not recognize all recovered Covid-19 patients as having a physical nor mental disability under the Americans With Disabilities Act and the Rehabilitation Act of 1973.   To recognize this situation would cost insurance companies, employers and the U.S. Government billions in disabilities benefits.  Mark will explore this dark truth in a follow up episode. 

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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This is an interview style episode: 

The Surgeon General recently released an extensive report on the state of workplace health and well-being that was not very favorable to employers. The report emphasized the chronic stress that is prevalent in workplace culture, and employees are paying the price. Chronic stress from the work environment can have a myriad of physical and health consequences. 

On the podcast, I pull in an expert on the nutrition and wellness, Heather Carey (who, full disclosure, happens to also be my wife). Heather is a nationally recognized culinary nutritionist and chef. Together, we have many thoughts about how chronic stress can be improved.

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.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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In this episode of the Employee Survival Guide Mark Carey, an employment attorney,  discusses your right to pay transparency at work.  #SayYourPay

It is not surprising that a large number of American workers (around 50% of all employees according to some recent surveys) including managers incorrectly believe that you can be disciplined or even terminated for discussing employee wages. In fact, employees have the legal right to voluntarily discuss their wages with each other pursuant to Article Seven of the National Labor Relations Act (NLRA). This law has protected this right since 1935!

State law and local jurisdictions have more recently enacted laws that make it illegal for private sector employers to discriminate against employees for discussing compensation. California, Colorado, Connecticut, Delaware, Maryland, Nevada, Rhode Island, South Carolina and Washington have enacted such laws in recent years. New York City and several other major cities have followed suit. All of these laws seek to expand the existing protections against pay discrimination under the Equal Pay Act of 1963.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Listen in and send Mark any comments you have. Free speech is welcomed here. mcarey@capclaw.com. Thank you.

This episode was written by Chris Avcollie, edited by Matt Zako, and produced by Mark Carey.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Listen in and send Mark any comments you have. Free speech is welcomed here. mcarey@capclaw.com. Thank you.

This episode was written and produced by Mark Carey and edited by Matt Zako.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode was written and produced by Mark Carey and edited by Matt Zako.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode was written and produced by Mark Carey and edited by Matt Zako.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode was written and produced by Mark Carey and edited by Matt Zako.
 
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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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.

This episode was written and produced by Mark Carey and edited by Matt Zako.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode was written by Chris Avcollie, edited by Matt Zako, and produced by Mark Carey.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

But that's not all. We also tackle the issue of default management agreements that unduly control employees' financial and income affairs. Discover why these agreements are so problematic and how the FTC's new rule aims to protect worker rights. Take a look at Silicon Valley as a shining example of how businesses can flourish without restrictive non-compete clauses. This episode is packed with critical updates and insights that will keep you ahead of these evolving developments. Don’t miss out on this important and timely discussion!

Links Mentioned in Episode:

Ryan LLC v. FTC (Texas decision)

FTS Tree Service v. FTC (Pennsylvania decision)

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

This episode was written and produced by Mark Carey and edited by Matt Zako.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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. 

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com.

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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.

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.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .

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.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.