Employee Tip: Problems Getting in Touch With an Employee Rights Attorney?

If you are an employee who is having trouble getting in touch with an employee rights attorney, please know two things: (1) your frustrations are entirely understandable- chances are, you are calling about serious, and perhaps urgent, employment issues that seriously affect your life and income; and (2) there are often several legitimate reasons (having nothing to do with anything negative about you) why an attorney cannot speak to you as soon as you’d like or need.

My best advice for you is this: research and find one or two employee rights attorneys who strike you as knowledgeable (or are recommended as knowledgeable by a reliable source) and be politely persistent until you get a chance to speak to one of those attorneys.

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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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Individual Rights, Gerry Spence Blog

Anyone interested in individual rights and the law should check out this new blog by renowned trial lawyer Gerry Spence.

Mr. Spence comments about his most closely-held views, many certain to raise controversy.  This includes his views that individuals are being oppressed by corporations and government on a large scale, and are oppressed to the extent that he regards ourselves as “slaves” to these larger forces, and to our failures to liberate ourselves.

Whether or not you agree with these views, you will likely find them relevant.  Mr. Spence undoubtedly possesses one of the big character trait he promotes: authenticity.

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Cloverleaf On-Ramps and the Law

When I was in law school, a professor discussed an interesting analogy.  It involved the invention of cloverleaf-shaped on-ramps.  The new on-ramps were self-imposed structures, which- like the self-imposition of new laws- improved safety and prevented us from making human errors.

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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 Types

This management seminar flier categorizes different types of problem employees (e.g. “The Gossip,” “The Excuse Artist”), and offers ways to deal with each employee personality type.

I think it is usually counterproductive to give people labels.  For example, if a manager tells an employee that he is “The Gossip”- or if the manager merely believes the employee can be reduced to a stereotypical icon like “The Gossip”- those beliefs or words can push the parties’ employment relationship in a negative direction.  In my own observation, employment disputes are resolved much better when management address employees in terms of behavior (e.g. manager tells an employee that “Gossiping is harmful, and I’d ask that you and others avoid it”) rather than labels that categorize a person (e.g. “You are a Gossiper”).

With that said, upon review of this full flier information and seminar description, I think that, for the most part, this seminar does address behaviors first, and promotes positive communications with employees.  (In other words, the seminar promises to tell managers how to communicate with employees about things like gossiping, and doing so in a constructive manner that does not offend the employees or make them defensive).

In my observation, when management encounters behavior types that are legitimately harmful (e.g. excuse-making) but communicates negatively to the employees about this (e.g. “You’re an Excuse Artist who never takes responsiblity for anything!”), then the first stone is cast, and escalating disputes and litigation are much more likely.

As I often find myself saying to employees (and the same holds true for management): When you are in a dispute, it is not enough to be right.  How you communicate is just as important, and often more important, than being right.  If you communicate negatively or unprofessionally, that distracts from the fact you are right, and makes people inclined to defensive or retaliatory behavior, as opposed to seeing the light.

Because this seminar appears to share this philosophy, I give it a thumbs up, for whatever the value of my little thumb in cyberspace is worth.

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“Ghosts of Abu Ghraib” (DVD)

Recently, I watched a very interesting, albeit unsettling, documentary titled “Ghosts of Abu Ghraib.”  More information about the film is here.

The film, of course, addresses the notorious photographs of torture (or alleged torture, some feel) that was conducted by U.S. prison workers at the Abu Ghraib prison in Iraq.  The pictures speak for themselves.  The people interviewed speak volumes as well, although their assertions (unlike the pictures)are more open to dispute.  Were the prison workers involved “a few bad apples,” or were they acting under the explicit direction or negligent oversight of the U.S. government?  All of the above, according to the film.

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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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Подсказка работникy: если Вы H-1B профессионал, которому недоплачивают заработную плату, подумайте над следующими вещами…

Подсказка работникy: если Вы H-1B профессионал, которому недоплачивают заработную плату, подумайте над следующими вещами:

Если Вы профессионал, приехавший по визе H-1B, которому в настоящее время недоплачивают зарплату, знайте, что вы имеете юридические права. Приведенная ниже информация описывает Ваши права, нормы и опции, как H-1B профессионала, которые  вы должны рассмотреть до принятия каких либо юридических действий. (Обратите внимание, что эта статья не является юридически консультационной, если вы хотите юридический совет, то Вам
следует обратиться к адвокату, который имеет опыт работы с визами H-1B и невыплатой заработной платы и обсудить Ваши конкретные обстоятельства).

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Pump You Up

Employers- are you looking for an employment defense attorney who will unquestioningly agree with every word you allege, gladly smear your opponent employee as “ridiculous” and a “liar” and the like, and write letters to your opponent (although more so written to you) proclaiming your organization will be “vindicated?”

Employees- are you looking for an employee rights attorney who will unquestioningly take your “slam dunk case” as you call it, who gladly promises to be more “aggressive” than the prior two attorneys you retained, and who nods and agrees that your case may well go to the Supreme Court because you’ll “never settle with those people?”

If you search long enough, and if you bring a big wallet along, you will eventually find the right attorneys to Pump (PAUSE, CLAP) You Up.

 

 

 

 

And at some point (well short of the Supreme Court or “vindication”) you will realize that you have spent a lot more money on legal fees than you needed to, and you probably WILL “settle with those people” (or, at least you’d BETTER).  And the settlement will be a disappointment to you as compared to what you had believed back when your attorney was vocal about pumping you up, and silent about the multiple risks of deflation.  But at some point you’ll see it’s better to cut your losses than continue to pay Hans and Franz’s membership fee.

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