Tag Archives: Employee Rights

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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A Story: Opposing Attorneys Drinking Beers Together. (?!)

Another plaintiff’s attorney told me a war story that I’ve often thought about.

The attorney was involved in a very negative lawsuit, where the parties (plaintiff and defendant) apparently disliked each other immensely.

The case went to trial.  After the last day of trial, the attorney asked the other party’s attorney if he wanted to go drink a beer at the local tavern.

The opposing attorney, before answering, looked behind to make sure his client (a representative for one of the parties) had left.

She just wouldn’t understand us drinking a beer together, he explained.  When he looked back, he saw the representative had left.

So the opposing attorneys went to the tavern, and drank a beer.

I didn’t ask the attorney what he and the opposing attorney talked about at the tavern.  But I have some educated guesses about what they didn’t talk about.  They probably didn’t trade personal insults.  They probably didn’t talk about how righteous they or their clients were, although each attorney probably believed in full that his respective client was right, and at trial covered every important fact and argument in his client’s favor.

But probably, by the time they got to the bar, they didn’t say much about the case at all, other than each politely acknowledging that the other did a good job for his client.  And then, the trial disputes behind them, they probably went on to discuss more important things.  Their kids.  Their health.  Their belief that it was important for people- and for opponents, in particular- to drink a beer together.  That at a time when our differences have come to a head, and pose the greatest risk to defray us, that is the best time to embrace commonalities.

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Corporate Rhetoric, the Decline of Individual Rights, and What You Can Do About It

If you listened only to corporate-based rhetoric, you would get the following impressions about individuals who sue organizations:

  • Frivolous lawsuits are out of control, and too many huge verdicts are being awarded to individuals who spill coffee on themselves and the like.
  • There are too many individuals- including employees, consumers, injured persons and attorneys- who are “extortionists,” and are filing frivolous lawsuits to look for a quick (and large) buck.
  • “Tort reform,” and restricting individuals’ access to the legal system, is needed, or else businesses may not financially survive.

As someone who works with individuals bringing legal claims, I see many problems with these concepts, which mischaracterize the state of the world as I experience it.

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Employee Tip: Filing for Unemployment in WI; Preparing for Appeal and Hearing

If you are a Wisconsin employee seeking unemployment benefits, you may wish to consider the information and tips below.

Please note this post does not provide legal advice- if you want legal advice, you must talk to an attorney about your specific situation. If you are interested in assistance from attorney-author Michael Brown of DVG Law Partner for your Wisconsin unemployment matter, please contact us here:

WI Unemployment - No Fees Unless You Win

The information below is intended to supplement information from the State of Wisconsin’s Department of Workforce Development (DWD), the agency that administers unemployment benefits.  You can also review DWD’s “Handbookhere, which has detailed information for employee/claimants, and DWD’s FAQs here.

Below is additional information for employees about the unemployment process.

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“That’s Just the Way That I Am”

“That’s just the way that I am.”  Ever find yourself saying this, when confronted about something you’ve done?  If so, that means four things: (1) you are being unreasonable; (2) you KNOW you are being unreasonable; (3) you are making the conscious decision not to change what’s unreasonable; and (4) you don’t care about the effect your unreasonable action has on others.

The upside is, if you are saying this, you have the capacity of self-reflection.  And it’s never too late to ditch this axiom, and a philosophy that causes others, and you, unhappiness.

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Litigating? It’s Not About “Right” and “Wrong,” It’s About Risk

If you’re an employee or an employer involved in a lawsuit, you may feel strongly that you are “right” and the other side is “wrong.”  I think this is a counterproductive way of looking at a legal dispute.

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Employer Anger = College Money for Lawyers’ Kids

Employers who are angry wind up paying more in legal fees.  A lot more.  This is old news to employment attorneys, but perhaps not to the angry employers themselves.  Sidetracked by anger and the idea of chasing “principle,” they may not be listening to what their own attorneys are saying.  (I should mention that many employees I’ve run into are angry as well, and I warn them of their own risks).

On several occasions, during seminars and personal discussions, I’ve heard employer-side attorneys acknowledge that angry, “principle”-chasing employers are making financially-unwise decisions, but the attorneys claim (which is true) that it isn’t the attorneys’ fault.  On three different occasions, when I heard such an attorney acknowledge that angry employer clients tend to pay large legal fees, the attorney followed up with a statement to this effect: “but hey, I’ve got kids to put through college.”

Why do employer defense attorneys bring up their kids’ college funds when talking about employers who are angry or chasing “principle”?  Because angry employers are a treasure-trove for legal fees, that’s why.  Angry employers usually extend litigation a lot longer, and pay a lot more legal fees, than do employers who are more objective and rational about the risks they face.

Are you an angry employer?  Do you think of your anger as a source of college funds for attorneys’ kids?

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Are You In “Survival Mode?”

An employee (client) remarked to me that when she worked for her former employer- which had a difficult manager and stressful environment- workers there lived in “survival mode.”

This phrase rang true to me.   I talk to many employees in bad work situations, who are painfully aware they are miserable, and dread going to work each day.  Their goals are immediate: to avoid the boss’s wrath, to survive the next tirade, to survive the day.  Such employees usually hold onto some sort of abstract hope that things will improve, but when the day-to-day details play out, there are no tangible steps toward improvement and no positive changes are underway.  Each day is just patching a different hole in the dam.

So what keeps employees at these environments?  Often, it is money.  Or, the lack of better opportunities.

But most often, it is the employees’ perception they can’t make decent money elsewhere, or find better opportunities and work conditions elsewhere, that keeps them locked in place, stuck in “survival mode.”  Too often, when I ask a troubled employee “have you looked for a different job?” the answer is something like “I won’t be able to find another job that pays this much,” or “No one will hire someone like me.”

Many employees come to believe (whether consciously or subconsciously) that the way everything is, is the way it HAS to be.  It doesn’t.

Employees really can control our own destinies.  We can proactively: (1) identify what our dream job’s characteristics are; (2) identify how we can get to, or make, those characteristics a reality; and (3) make it happen.

Or… we can choose to peruse job ads, find a job, discover that job provides a hellish existence, and believe ourselves to be stuck there, living our work life in “survival mode.”

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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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