Category Archives: Employee Tip – Considering a Legal Action

Employee Tip: Probable Cause Determination from ERD- Now What?

Many employees file discrimination complaints with Wisconsin’s Equal Rights Division (ERD) without retaining an attorney. If you are an ERD complainant without an attorney, and you just received a “probable cause” determination, you may be wondering “now what?” Or at least you should be. In the time following a probable cause determination, things will get more formal and legalistic. You should get the most information you can about what’s to come.

Below, I’ll discuss what a “probable cause” (PC) determination means, what a “no probable cause” (NPC) determination means, and what each determination may mean for you. Bad news first.

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Link of Note: “5 Questions That Will Change Your Life”

Employees, employers, retirees and everyone else should check out this outstanding post by Professional Life Coach Tim Brownson: “5 Questions That Will Change Your Life.” Mr. Brownson arms readers with 5 questions that you should ask when facing any important life decision- I should note, these questions directly apply to any employment dispute or litigation that you are considering.

The magic questions are these:

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Employee Tip: Save Important Documents, and Don’t Write On Them!

If you have an important document relating to a dispute with your employer- for example, a termination letter or a pay stub showing underpaid wages- please save that document. (You can read more here about keeping good documentation).

Just as important, please do not write on the document, or otherwise alter it.

Keep in mind that important employment documents may later be used in legal proceedings. For example, if you want to use your termination letter as an exhibit at an unemployment hearing, you don’t want to show the judge a letter that has your added, handwritten notes across it, saying things “This is a f#$% LIE!!!!” (I only exaggerrate slightly- I’ve had clients who marked up documents with notes reflecting their frustrations in similar terms).

Bottom line: hold on to important documents, and don’t mess with them.

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Surveillance and Distrust

There is an interesting article at law.com about employers who spy and use surveillance on employees who are on medical leave.

The employers’ main argument boils down to this: many employees abuse medical leave, and surveillance is needed to bust the wrongdoers, some of whom are busted while bowling or otherwise doing highly questionable things while on medical leave.

The employees’ main argument: surveillance of employees is over-intrusive, and just because an employee on medical leave is “caught” doing an everyday task (e.g. mowing the lawn) doesn’t mean the employee is faking a medical condition (e.g. faking the panic attacks that the doctor recommended a week off of work to attend to).

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Employee Tip: When Employment Trouble Arises, Start Work on the Plan B Safety Net Immediately

Does your job:

  • Make you do things that you think are unethical?
  • Subject you to abuse (verbal, physical, sexual harassment, etc.)?
  • Rip you off (e.g. underpay you, deny your obvious need for medical leave, etc.)?

If you answered ‘yes’ to one or more of these questions, then you may well have a legal claim against your employer.  You may call a lawyer and check into that.

But more importantly, you may want to question why you put up with it, continuing to get slapped by the hand that feeds you.  There are other hands out there.  If you are fired or treated too adversely, you will be forced to find a new employer.  So why not start the job search now, when it’s already clear to you that your employer is acting against your interests?

I get phone calls from employees all the time who describe legitimate, painful hardships inflicted upon them by their employers.  So then I ask, “Are you looking for a new job?”

Disappointingly, often the answer is “No,” or “Not yet, but I plan on it,” or “No, because no one else would hire me.”

As these answers show: many employees who are being treated unfairly do not react proactively.  When obvious trouble arises, they do not react by planning for the worst and sending out resumes, etc.  Rather, they spend a great deal of time: (1) internalizing the employer’s irrational criticisms (e.g. “Maybe I really am a lousy employee for getting cancer and having to take leave from work”); (2) futilely trying to debate the employer’s irrational criticisms (e.g. “Why are you giving me a ‘final warning’ for an ‘attendance problem’ when I’m taking leave for chemotherapy?  I’m going to file my third grievance against you guys if you fire me”); and/or (3) avoiding a job search, because they believe that no other employer would hire them anyway.

Such self-tormenting is sympathetic and understandable.  A conscientious person wants to examine criticisms and actions against them, to examine if the criticisms have merit, and if the person can improve things.  This is the natural reaction of a conscientious employee.  But it’s the wrong reaction.  If you encounter unfair conduct and see the writing is on the wall, you should not stick around to analyze or debate it.  Nor should you become paralyzed by self-doubts, such as “No one would want to hire someone like me, because I [fill in the self-defeating blank].”

You HAVE to get hired somewhere else.  So get over your doubts, NOW, and go and start doing the many things it will take to get hired.

The moment you recognize your employer has turned against your interests, get going with Plan B immediately.  Send out resumes and prepare a safety net to land on.  The same employer who unfairly denies your cancer leave may also unfairly decide to fire you.

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Employee Tip: If You’re an H-1B Worker Being Underpaid Wages, Consider These Things

If you are an H-1B professional worker who is being underpaid wages, please know that you have legal rights. The information below describes your rights as an H-1B professional, and factors and options you should consider before taking legal action or pursuing your wages.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown or his law firm DVG Law Partner for your matter, please contact them here:

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Employee Tip: Document, Document, Document (And SAVE Documents!)

If you are an employee with concerns about your employer, or you think you may pursue a legal action someday, please know that the documentation you keep is critical.  Do not assume the employer or others will keep important documents and produce them to you later, or will agree with your undocumented recollections of events.

More about documentation…

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Don’t File or Prolong a Lawsuit “Out of Principle”

This is a tip not only for employees, but also for employers and anyone else who is thinking about litigation.

If you are thinking of filing a civil lawsuit, or gearing up for a vigorous defense of a lawsuit (e.g. “we’re not going to pay that s.o.b. a dime”), you should know that starting or prolonging a lawsuit is only good for a select few things (see below).

What a lawsuit is NOT good at doing is proving a “principle,” or obtaining any type of emotional satisfaction.  To the contrary, the longer the litigation goes, both parties in a lawsuit usually become more and more emotionally-drained.  Usually, both parties, and especially the defendant/respondent, become more financially-drained over time.  (This disadvantage does not apply to the parties’ lawyers, who often get paid more the longer things go).

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Employee Tip: Dealing With Sexual Harassment

If you are an employee in Wisconsin and feel you are (or were) being sexually-harassed, you should know the following:

(A) Know how the law defines sexual harassment;

(B) Keep proof (documentation or recordings);

(C) Learn your employer’s policies before complaining or taking action;

(D) Do not act angrily or righteously;

(E) Before complaining, consider the risks of retaliation;

(F) Proactively arrange for Plan B (e.g. a new job, or transfer to different boss); and

(G) Don’t quit because the employer tells you to.

This information is described in more detail below.

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Employee Tip: Think of a Legal Claim Like An Investment

If you are an employee thinking about pursuing a legal claim (e.g. a discrimination charge against your employer), it is important you feel passion and emotion for that claim and your belief in it.   However, you should also take time to look at the claim from a different perspective.   Treat that legal claim as if it were stock or a money market account into which you were making an investment.

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