Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Defending Your
Ernployee Rights
EASTMANON
DET'ENDNNGYOUIR
EMPLOYIEtr, ruGHTS
by
J. D. Eastm?[, Esq.
Copyright @ 1997
Finally, ln your handg you have THE BOOK that putr you
back lnto control. Thla lr the book that no employer, their human
rotourcoa or thelr lawyere want you to havel You will now
become "forewarned and thua forearmed." Use thls lnformatlon
wleely and with the consultatlon of an attorney ae per tho
dlrclelmer.
iii
iv
Preface
Dleclalmer
Contents
lntroductlon
About the Author
lndex
CONTENTS
v
Chapter 3. Rlghts of the Employar
vi
Chepter 6. So You Think They are Setting You Up for Termination?
Thc Players
Executlves
ln House Counael/Attorneys
H.R. Repreeentatlves
Managerc
Supervleors
Coworkerg
Humrn Regources
Why la there an H.R. Department?
Whet are Clues: You Have been Targeted
Employere Bulldlng a Case Agalnat You
Documentatlon by the Employer
Termlnatlon Day - Month, Day and Hour-All Planned
Chrpter 7. What to Do When You are Sure You are on Thelr Llet
Crretc Contlngency Planr
Plannlng Your Reeponse
Do Nothlng Stay-Let lt Play ltgelf Out
Qult and Look for a New Job-Don'tl
Stay and Defend Your Pogltlon
Malntaln Your Rlghtr and Sue Them All
Socrota of Succesgful Legal Actlon
Documentatlon
Tlmlng
Sue For Your Legal Coets
vil
Chapter 9. Developing Your Defenslve Strategic Plan
What is it?
Why have it?
Legal Theory: Development of Your Strateglc Plan
Setecting and Applying the Correct Legal Theory
Statutory Vlolations- Federal & Stata
Torts
Defamation: Slander and Llbel
Criminal Liabillty
Drawing Your Employer into Your Legal Plan
Uring Simultaneous and Multiple Strategles
Example Plan in Actlon
Designlng and Developing You Plan
You Have Chogen Two Legal Theorieg
Your Defengive Otfenglve Move
Class Actione - Pure Power and Pure Joyl
Staylng with the plan
vtil
Chapter 12. The Employer ls About to Move in on You
Stlpulated Settlement
Arbltratlon
Jury Trlals
Bench Trlalr
Compcnratlon or Belng Made Whole Agaln
Monetary Awarda
Loet Wager
Rcturnlng to Your Job- Retallatlon and C.R. Casec
tx
Chapter 16. You Want Jugtlce and Want to Lltlgate
Ceuses of Actlon
Statutes of Llmltatlong- Tlme When you Muat Sue
Where to Flle- Agenclee and Courtr
Worker's Compehgatlon Law
ployer .an.d
Ernolover
Ern Workplace Torts
and Wo_rkplace Tot
Crlmlnal Wrongd
Emolover Frauo
Employer
EmDlovr Fraud ano
iand M
Defamitlon or Slander
lnvaelon of Prlvacy
Aesault and Batterv
Negllgent Traln lng bf Supervlgotl
Who to Sue
The Gompany
Sulng Your Supervleor or Manager Personally
Yes You Can take lt all from theml
Chapter 17. Uolng and Understandlng Attorneyc
Selectlng An Attorney
Prylng for Legal Repreeentatlon
Contingency Fees
Per Caee Gosts
How Lawvere Handle Emolovment Cagea
ldentlfyinfi ttre Correct t-egaffneory ln Your Case
Manaoino vour Attornev
- Wn'at your Lawyer Really Wantr
Reagonable Amount of Compensatlon
Chapter 18. Gettlng a Totally Free Lawyer for Your Catr
Crlmlnal Actlvlty by Employora
Flllng Cilmlnal Complalnts
Worklng with Prosecutort
Provlno vour Caee
Once You Wlnlfie Crlmlnal Gaae
Chapter 19. Once You Have Left Your Company
Flret Thlng You Do
How Do You Feel?
Take some to thlnk
Streac, Sadnesg, and Depression
Start looking for work
Future Expectatlons
Chapter 20. A Flnal Word about thls Book
The Power of Polltlcs and the Lawl
The Bloqegt Secret of them Alll
A Final'6lsctalmer
x
lhe admlnlstratlon of Justlce ls the flrmest plllar of governmenl.
xi
xn
lntroductlon
You are about to learn things you wish you had known a long
time ago or possibly you are extremely fortunate that you are young
and Just entering the workplace giving you a jump on us "old folks" that
have fust recently discovered corporate America's "dirty little secret."
After you finish reading this book, you will be lovingly known as "street
wisa' as this is what the human resource professional calls anyone
that knows their game. The problem has always been an unevn
playing field in that only one side ever knew the rules of the gam.
ti
You are golng to leern thc rulcr, tactlcr and atrategy of wlnnlngt
All that is going to change now that you are going to learn
tha rules or in actuality the laws of the game and how to make the laws
wotk for you! Once knowing the rules the game wlll almost alwaya
recull in a stalemate at worst and win at best. A stalernate il
conrldered a win in this game. Most of the corporate player; ara
che;rlers The people that cheat and commit fraud are guilty of crtmtnal
hehavlor and they will be dealt with separately in this book. Crintttt;rl;
wrll bo the biggest losers! You may even put individual superuisors or
msnriqrs in jail under certain circumstances as you will soon discovor
xill
This book contains legal approaches used to justly defend
your personal, civil, employee and worker rights. The genesis of thir
work comes from federal and state statutes and common law This
book details how the law works and how it is applied. lt will teach you
the tactics necessary to win and help you develop a strategy that will
devastate companies exercising violent, fraudulent, and crlmlnal
practice and other unlawful activities associated with the workplacc
and wrongful practices and terminations by the employer.
Although this book's primary intended audiences arc thc
ernployees and workers in every state others may also find it uoeful,
Corporate in-house counsel, executives, managers, supervisorg, and
hurnan resource professionals will find it current and informatlvc,
Some employers using these wrongful practices will immedlatcly
bacome alarmed knowing there is nothing they can do to stop pcoplc
frorn learning and then exercising their rights. That is what thie lc what
this book is all about, the legal rights of employees. Companier wilh
a professional personnel policy will appreciate its content as thir book
clearly distinguishes between laMul and unlaMul employmont
practices.
This book also seryes to put on notice employoru that
continue the violent, fraudulent and criminal practice of denylng hard.
working Americans their fair and due share of the fruits of thsir lebor
and their "American Dream" and that they will have to pay eithsr clvll
or criminal penalties or both for their wrongful actions.
To those employers that are involved in that type of fraudulant
hiring, illegal practices and terminations should be assured thgt thorc
wrll be no more business as usual when it comes to abusing thc rlghlr
of employeesl
xiv
About the Author
/l'.s no mare buslness as usua/ for employers. You can encl tlttt
trlttt:;o, fmud and exploitation and then make them pay like they rtctvtrr
hava patd before with the information in this book! Even put soma ol
lltanr Ut jail or prisons as that is where they belong!
xv
"Without Knowing the Law and What Your
Rights Are, there is No Law and You Have No
Rights"
xvl
"-// :5'7F(n ,ili5'77('8',57I tll lU(./ P[tH5'l /f: "
xvii
xvnl
Chapter 1. Ending Employer Abuse, Exploitation, and Fraud
Ch lPg I
Bntered the main lobby of my otfice there were extra guards l'd never
soen before and then I noticed a police car pulling into the parking lot,
I wonder what's going on here? I later asked and was told there war
a "threat by an employee" and no other details. The next day I read in
the local paper that a former co-worker, a recently terminated
employee had just killed himself the night before. I began hearlng and
reading more about this new danger. Some of the stories and reporto
were frightening.
Ch 1 Pg.2
deception. But we are just a few of the millions of hard-working
Americans that are being defrauded this way every day. Just ask some
of your neighbors and friends.
Ch tt'q 1
recognizes that their termination is so fraudulent and knowing that no
one can help they turn to violence sometime against themselveg but
most often targeting those who they believe are the causes of their ltfa
ending predicament. What was the only thing these violently
predisposed people do before this book became available?
Vlolent Retallatlon
Ch 1Pg4
not intended for those who just collect a paycheck and don't do their
jobs and do not contribute their fair share to their employer's goals, For
you to expect to keep your job you must do your job to the best of your
ability and abide by your company's rules and policies.
Ch lllg 1
Congresgional Action to Protect Employeeo
ln the early 1980s the U.S, Congress recognized that this wat
a national problem so Congress passed a law requiring that all
companies with pension plans vest their employees within 5 y;art,
The rationale was that it would cost the companies too rnuch to trarn
and then discard their employees in such a short time. But that practico
did continue but on not such a large scale. lnteresting to note that nnort
cornpanies when informing their employees of the changc in thc
vosting policy did not give Congress any or credit but made it appcar
as it was the company's good will that did it. The corporate conlrollad
media gave this important change in law almost no press coveragt, No
one mentioned the reason they were forced to change their pcnrlon
policy to this new five year period. But corporate America waa not lo
be outdone by Congress. They changed the game.
Ch. 1 Pg 6
You Are Going to Learn How to Help Yourself
Ch llrg /
Noteworthy Legal Cltation :
il,htidr"/
The federal Worker uetment and RetralnlngfAct
Adf
requlrer employers wlth large layoffo or cloelngc to glvr thr
rffected employee 60 days advance notlce. There are ercoptlon.
to the law. Check with your state department of labor.
(wanN)
clh. 1 Pg. 8
Chapter 2. The Workplace and Corporate Cultures
Ch 2l'g I
Before Applying: Learn About the Employor
There are things in life few people get truly prepared for or
understand and one has to do where most of us spend the greatest
part of the time of our lives at and that is at work. We spend more time
there than we do with our families and loved ones. Having said that
should we not give ourselves a pre inspection of the caresr provider
alr we often wrongfully believe employers are. Some will say that a
career employer no longer exists even though we almost alwayo see
ourselves working continuously with our first employer, I share that
sarne belief, The fact is the majority of us will change jobs and carserg
at least three or more times in our lifetime, Some of those changer will
be due to economic shifts, political changes and the unpredictablc
technological changes that are certain to change the way and whore
we will work . There are many books written on the future but lew il
any give us an idea of what the future will really look like in our lifetlmc,
When you are you and fresh just out of school or collega rnott
companies will just jump up and snatch you up. Young workeri ars
paid less, cost less to insure, generally have good attendancc and
rnost of all are very optimistic about their futures. An oxeollsnl
rocommendation is that you talk to former employees and ask to rneal
(:h 2 Pg. 10
with some current employees or retirees. Look at the company's
financial statement and history and see how well they are doing.
lf you are like me you've been around the track a few times for
somo of the reasons aforementioned. You may also have been a
victlm of wrongful or fraudulent discharge and exploitation. lf you
hava been this type of repeated victim it's because you just did not
recognize your rights as an employee or even as a human being a
citizen of these United States. That is not you fault. The powers with
the money don't want you to know what is in this book. Everything you
havcn't learned is in this book that you needed to know how to have
pravented the employer exploitation of the past. You will recognlzc
aftar reading this book how you were defrauded out of your last
position and what you could have done to prevent it and how you will
prevent it from reoccurring from now on. Now for another lap with a
new company but now fully trained and in shape to go the distancal
After investigating the company and you feel that what they arc
offering you might just be what you want and you accept their offar,
You may also be in a position where you haven't had a job in a whilo
and you really need this job so you decide to take the position out of
near desperation (of course you don't let them know that).
The first few days at you new job you should stail keeping you
ey6r open for things that the later chapters caution you to look out for
Ona of the first things is to notice your new company's attitude toward
their ornployees, Observe how employees communicate with aach
othar Do you notice a spirit of cooperation and exchange of busines;
cornmunication freely? Are people at ease saying hello? Do they makc
eyo contact? Do people walk around with their eyes and faces looktng
at lht floor? How about holidays is there any realjoy? All this speak*
for it*elf.
Ch 2 Pg ll
have supervisors 20 years your junior and they are asking you how to
do thrngs, You most likely will discover they have been terminating
older workers aS a matter of policy, So what am I doing here? You are
there as a token for your age group and are not going to accrue any
meanrngful benefits that is why you are there. After about the third year
you may get a feeling that it's time for you to go but we will deal wtth
that later on. We will tell you exactly when you need to start to act on
their attempts to fraudulently separate you and how to deal with thego
crirninals. Fraud is a crime in every statel
n1
m
Be lound and Joln the corporatc undcrground.
You will find that there are a core of employees that havc bcon
wrth the company for longer than moet. These people have been living
under fear of termination for many years. The reason these psopb ara
there is because they may not be in a position that pays very much, ic
low profile and sometimes they are just very quite and not noticod or
overlooked. These people know the gossip and history of your ncw
cornpany. They are a valuable resource of the inside track of who tr
tloing what, who the power brokers are, who to be careful of and who
tha brown nosers back stabbers are. Needless to say thtr tr ,irll
important information. How do you get to know these people and g6t
them to confide in you and share this information?
0h 2 Pg, 12
oncs you are aware of them you will recognize them. You may identify
with them and become affiliated with them if you earn their trust and
confldence.
Rellglour Groupr
Cultural Groupr
Raclal Groupc
Always keep your eyes and ears open for informalton lhal
concerns issues that we will discuss especially of a legal nature Ihta
rnformation includes news of injuries at the workplace, terminatlon'r,
promotions, layotfs, injuries, violence of any kind, unsafe workrng
eonditions and anything that looks in as it may relate to your lob or
crnployer Especially it has to do with job responsibilities and dutter
and how work is to be done. Keep any and all correspondanca
regarding your work and take it home and keep it there, Whan rt
eornes to signing anything make sure you get a copy of rt lo laha
horna with you. Take and keep notes regularly of importanl work
rslated activity that may be an issue in the future.
tlh 2Pg. 14
Look ln the Wagte Bagket
Ch 2l'q li
Noteworthy Legal Citatlon:
The federal Employee Polygraph Protectlon Act llmlb tht urr
of the polygraph but lt does not etop states from allowlng thcm
to par lawe so that they can be ueed ln a tort clalm.
29 U.S.C. 2001-9, 2009
Ch 2 Pg. 16
Chapter 3. Rlghts of the Employer
Ch 3 trq tl
whenever changes were made for the welfare of the worker tt was
prirnarily due to the passing of laws to protect the worker' What wo
still see and hear about worker exploitation in lndia, Communist China,
southeast Asia and other third world countries in worker misuse and
abuse is how it was here in America at one time.
It was not until just before the turn of the century ws started
to see employees get protection under the first Worker's
Compensation laws to finally address the needs of injured workor and
their dependents. Worker's Compensation laws have been
strengthened considerably and cover many type of injuries and ia tho
sourcl of considerable protection today. Every employeo must
understand this law and how it works.
America is fortunate in that we have this type of protectlon
and that our society and system of government protects workerl from
those abuses and irarms. But does it guarantee or protect your right to
getting and keePing a job?
The fact is that they don't have to give you any reaton at all tr
lcrminate you in rnost states. As a matter of fact compsnltr put
themgelves in jeopardy if they say almost anything as a reason for yulr
termination. lt is surprising that many do give you a reason constdaring
Ch. 3 Pg 18
theydo not need to do so. The reason they do not need to do so goeg
again into law and specifically a law that was created in 1884 by the
Tennessee Supreme Court. ln this court's ruling effecting the employer
employee work relationship the court determined that the permanency
or longevity an employer was at the "will" of the employer. This type
of rullng in law is what is called "common law" because it was mgde
by e court and not by legislation. Legislation is how statutory law lr
creatcd. Common law when widely adopted, practiced and itl
intarpretation applied by courts in other states is called a doctrina,
Herc we have a doctrine that etfects almost everyone in every stato
that can easily be eliminated by state legislatures making laws that can
make the doctrine obsolete or greatly improved and some states havs
paeaed such laws.
The court's ruling in the Payne case states that the employar
can let you go for "good cause, for no cause, or even for caUSO,|
m#&ily*W;gfrg" The last cause has been used quietly by mfiny
companies to terminate for people living together and not marriad,
sepsrated person living with single person, and adultery. The scopa ol
Ch 3 I)g lrl
ustng this interpretation has been broadly tnterpreted and used ag a
pretense for termination of employees,
Ch. 3 Pg. 20
Progresslve Dlsclpllne leadlng to Dlecharge:
Ch 3Ig 7l
Noteworthy Legal Citatlon :
t;h 3 Pg. 22
Chapter 4. Rights of the Employee
Ch 4 Pq ,t'l
LEGAL PROTECTION IS AVAILABLE
(:h 4 Pg.24
Laws Protecting You from Employment Discrimination
Employment Discrimination Acts are intended to prevent
employers from discriminating against you based on race, sex,
religion, national origin, physical disability or by age. some states have
extanded and added to this body of law by passing laws protecilng
sexual orientation and other discriminatory practices.
The following are just a few of these laws but are considered
to be the "backbone" of employee rights legislation nationwide. These
lawr generally apply to any company that does interstate business
and ernploys 15 or more persons. You will see later how effective
these laws are when you recognize when and how to invoke them.
Ch 4 t'g /t
Age Discrimination in Employment Act
29 U.S.C. Sub. Sec. 621-634
Rehabilltstlon Act
29 U.S.C. eub gec 791,793,794(a)
You have the right to work in a safe and threat free workplaec
This means that you need not be exposed to toxic material thal cau*sr
you harm or be threatened and harmed by co-workers. You nrual bc
provided with proper safeg devices where hazards exist. Tho law* lhat
currently exist in federal, sand state acts and laws and in common law
as ruled by courts give you that protection. These laws can and muut
be used to guard your rights. You have no rights if you do not ex6rcrr6
lhem Primary protection is provided for by OSHA of 197O,
(:h. 4 Pg 26
Occupatlonal Safety and Health Act of 1970
(OSHA)29 U.S.C. chap. 15
(a) The Congress finds that personal injuries and illnesses arising out
of work situations impose a substantial burden upon, and are a
hindrance to, interstate commerce in terms of lost production, wage
loga, rnedical expenses, and disability compensation payments,
(b) The Congress declares it to be its purpose and policy, through the
exerclge of its powers to regulate commerce among the several States
and with foreign nations and to provide for the general welfare, to
assuro so far as possible every working man and woman in the Nation
safe and healthful working conditions and to preserve our human
resources -
Ch.4 Pg 27
(7) by providing medical criteria which will assure insofar as
practicable that no employee will suffer diminished health, functional
capacity, or life expectancy as a result of his work experience;
(1 1)
by encouraging the States to assume the fullest responsibility for
the administration and enforcement of their occupational safety and
health laws by providing grants to the States to assist in identifying
their needs and responsibilities in the area of occupational safety and
health, to develop plans in accordance with the provisions of this Act,
to improve the administration and enforcement of State occupational
safety and
health laws, and to conduct experimental and demonstration
projects in connection therewith;
This Act places duties upon both the employer and employee
in that specifically they shall:
Ch 4 P9.28
(2) shall comply with occupational safety and health
standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health
standards and all rules, regulations, and orders issued pursuant to thir
Act which are applicable to his own actions and conduct.
You have the right to request that your employer correct any
condllion that jeopardizes your health and well being under the law
Thir rneans you are free to report to the appropriate governmonl
agoncy any dangerous products, practices or legally wrongful aclionr
by your employer or threatening conditions, at the workplace, wtthoul
tho fogr of retaliation. Your employer can not retaliate against you
wrthout the result of being severely punished by law wrth both linet
and lar irnprisonment,
Ch 4 Ftg .rt1
Exceptlonl to At-Ut lll Employment Doctrlne
1 Jury service
2,Military or National Guard Service
3 Participation in union activity
4.Testitying against your employer
5,Joining and participating in a worker's union
(:h 4 Pg 30
Publlc Pollcy Vlolatlonc
Company Pollcy
Ch 4 f1g 1l
Contractual Agreementa
ch. 4 Pg. 32
The answers are many but if you can find no truth or credibility
in employer's reason for terminating you then you need look closely
whether they have violated any of these laws. ln the next chapter we
will explore some of the reasons employers deny employee's thair
legal rights at the workplace. ln later chapters we will show you how to
defend those rights you posses and ultimately how to use the law to
obtain and maintain that which you are rightfully and lawfully due,
Now that we have laid down the foundation we are going to get
ready to start exercising those rightsl
4 Pq '11
Noteworthy Legal Citation:
Alcohollsm ls consldered a dlaablllty wlthlng the mcrnlng
of the Rehabllltatlon Act.
Ch 4 P9.34
Chepter 5. Employere Actlng to Deny Employee Rlghts-Motlver
I war once asked if I had the "right stutf' myself. My answer was "not
for thc reasons you cite" I then invited the executive to a chess malch
I baliave that the motivating force and reasons behind this illegal
aclivtty can be found in a theory called "Groupthink",
Ch 5 ,l0 llt
/()
<\,
-*>*1h
(':h. 5 Pg 36
Groupthink theory and its application will be examined
throughout the tactical and strategic examination of the employers
approach in the selection of the individual termination procass,
Understanding this theory, how it is applied and its inherent weakness
in the tactics of the employer will be the source of much of what you
will be using in your offensive defense.
* The above characteristics were adopted and in part form
Groupthink: Psychological Studies of Policy Decisions and Fiascoes,
Boston, Mass: Houghton Mifflin Company, 1983
Ch 5 flg ll
desired goal is determined by the strategy Strategy is a long term plan
that involves carefully planned tactical encounters or skirmishor lhat
collectively determine which advergariet't etrategic plan recultr ln an
ultirnate victory or achieving of their desired goal. That is our
description of strategy and the role of tactics.
We will first examine some of the preliminary tactical aspactc,
fhe first is collection of information on the target. Some intelligencc
information must be gathered. This is how targets are selected and
some of the factors that employers feel make good targets (vlctims)
for fraudulent termination.
Why Me?
Ch 5 Pg, 38
that you can put it all together into a strategic plan that will defaat
them. We will use all their assumptions against them later but now how
do they select their prey? What do they look for?
Mlnorltleg
New Amerlcane
Some of the easiest targets are immigrants that have not lully
beon culturally adapted to American life. They do not posses cultural
literacy, do not understand the law and really have no clue whal ir
going on,
This happened to my good friend Ching's wife. His wife held
two dOctorates and worked very hard for America's premier research
laboratory One day she was simply told she was being let go
Forlunately that company's case against her was so weak artd
fraudulent that once her husband went to speak on her behalf and
explained the situation she was returned to a better position in the
Ch SPq 19
cornpany This was clearly a case of picking someone because of their
rna bilrty to defend themselves This was a rare event in that she was
returned to her companyl
Next come the nice persons. These people do their jobo aro
easy going and generally in a good mood and why not? These peopla
are perceived as pushovers because of their pleasant natur6, their
kindness, and generally passivity. Employers and supervisors on tho
prowl select them as easy pickings. Unfortunately these people nead
to be carefully observed and understood because there is nothing that
easy and often results in a terrible miscalculation by the stalkrng
ernployer, After reading this book you can become that nicE porson
too if you want to be, bust most likely you already are that person. That
ir why you bought this book.
t)h- 5 Pg
Selection Testing
6w
lf you don't fall into any of the above categories then you mey
havo been picked at random for reasons of "head count" but again
thOy fhould test your intelligence, common sense, tenacity, courago
and the ability to take pressure. You will find that dealing wilh
Grwpthinkers they tend to ignore or omit doing complete information
reacerch on their target's strengths by adequata testing. One of thc
mort common tests is the stress test. This category of testing involver
puttlng you the through extreme rigors of overwork, unreallstic
dodllner, long hours and general disrespect at the workplace. All thir
actlvlty is permitted by law. lt is done to collect information and develop
a proille that is matched with previous profiles of employees and
asrumptions are made for their continued development of tactics and
planr, But we will visit this again later and show you how to mak; it
backllre on them giving you a clear advantage.
Ch 5Pq dl
Noteworthy Legal Citatlon:
Anyone who le about to slgn a contract har a duty to rcrd
the contract flrrt.
Ch 5P9.42
Chepter 6. So You Thlnk They are Settlng You Up for Termlnatlon?
Thc Playerc
Executlvea
ln House Goungel/Attorneys
H.R. Representatlver
Managera
Supervlsorc
Coworkers
Humen Regources
Why la thera a H.R. Departmsnt?
Whrt are Clues You have been targeted
Employere Bulldlng a Case Agalnet You
Documentatlon by the Employer
Termlnatlon Day - Month, Day and Hour-All Planned
The Players
Ch 6f'g {t
Executlves
eh. 6 P9.44
Managers
Co-Workers
Snitch, spy, brown noses, and the other terms employeell utlc
to dcline those that are looking for their shot up the ladder at anyonQ'l
exponse, You and everyone else knows who these people are if you
havc worked there for a while. You also read about them when deathr
relatcd to workplace violence occurs. Often reading the news reporir
you wlll see that besides a manager or a supervisor being killed thoy
throw rn a co-worker or two that are killed - those were the snitcheal
Thc best and most etfective of these "brown nosers" are the newly
hired and ruthlessly ambitious you know them. They are the ones lhat
hava not yet established a reputation and do everything behind closed
doort, One day you find out they have betrayed a fellow workar
Thosa individuals believe they are prime candidates for managemonl,
at lcagt they think so. By far the majority are recognized for what thay
arc and even disliked by those they are brown nosing.
On the other side of the coin there are co-workers that ara part
of your network as we discussed in the personal networking section
Tholo are the people that will warn, cover and protect you within lhc
scope of their working powers, Keep in touch with them and keep lhem
informad
Ch 6 t'q '11
Human Regources
What Are Cuec and Cluee That You Have Been Tergctrd?
The bottom line is that if you suspect they are in thc proccrl
of setting you up, you probably are being set up. But what aro somo
tell tale cues and clues?
(:h 6 Pg. 46
Documentatlon by the Employer
ChBPq4t
Chill ln the Alr
The old saying you are the "last to know "is often true. There
are psople that will start to avoid you and or stop associating with you
once you have been "marked" for termination. Try to confirm you
susptcions by feeling out those you know, The "network" group of
yours should and will tell you if you are on their termination ligt,
Sornetimes you'll get real good inside information on the week or datc
of termination, but that information is closely guarded by the
Groupthinkers, actors and players involved in your termination,
(;h. 6 Pg a8
Chepter 7. What to Do When You are Sure You are on Their Llgt
After reading chapter six you are convinced and know you arc
in lhe process of being setup for termination. You are a reasonable
and rational person and will explore all the best options availablc,
Boing calm and collected knowing what you-know noy,. you need not
panli, Now its time to decide a course of action that will help you
bbtaln your goal, The goals could be to leave and take a nicc
sevararice pdckage witft you or leave with enough evidence lor a
succttsful ind lucrative lawsuit. You may decide to stay becausa of
deniEl and rationalizing that maybe things will work out and thir
problarn or the supervisor will change their minds ol gP away-wake upl
That wlll not happen. Once they have made up their milds you era
gon; unless you do what you got to do, You have decided to praparc
[o rtsnd up flor what you believe are your lawful rights. You have sen
all tho sighs, got all the cues and clues. ln addition via your network
and it's retiaO-le source it's been verified. So what do you do? What
optlona do you select and what are the implications? What can you do
to counter their threatening moves?
Ch 7 trg a-rl
So what can we do and what are some of the anticipated
actions and responses to your optional plans. Lets us examine a few
here:
Select an all out legal strategy that will hit them so hard thair
heads will be spinning otf the wall, You will present them with a lagal
eituation so complex and expensive they wish they had diad flrut, Thir
will only happen wrth careful planning and know-how you havc bocn
getting and are about to obtain. Whatever you decide it ie imporlant
that you do make a decision based upon the best information pomtblc.
Do not act if uncertain and again if you have any doubtg contact a
attorney before acting if time allowsl
I know many people do nothing in hope that this wrll all psrr
ll rarely does. You are most likely because of reading this book really
rtot sure what to do, Let me assure you, doing nothing will not holp you
at all rn almost all situations. You will be called in and told that lhtr u
your last day. That's it. They may offer you a small sveranco
package and you are escorted out the door, Good bye to youl
tJh 7 Pg
Quit and Start Looklng for a New Job
There may have been a pattern of abuse so long that you are
ready to quit- DON'T. That is what they want you to do. Quitting gete
them what you want and then they don't have to give you a dime, You
may 6vn be excluded from obtaining unemployment insurance if you
quit.
lf you know you want to quit and they are really interested in
firing you, you can look for a job and the closer you get to being hired
and to a new job you may wish to approach them and say " I feel that
you no longer need me here I'm willing to go tor a severanco
package,"
Ch 7 f1l 5l
Secretg of Succeeoful Legal Actlons
Documentatlon
We are going to jump ahead a bit here but its time you need
to know the real secrets of legal action. Documentation. You will keep
hearing it over and over again. lts like I went to law school two thlngr
they diive home ig "the ieasonable mind" and "beEt interegt of the
child", I won't forget itl But for us the important thing is tlmc iE
DOCUMENTATIONI More on it later. Now a bit on timing,
Tlmlng
Timing we are going to talk about is timing of action. Likc in
any other competition the one who strikes or moves first getr the
advantage. You also need to understand preemption, striking before
you get struck like the lsraelis did in the 1967 Six Day War That war
was prompted by a threat of imminent attack by lsrael's neighboru, But
before the Arabs could strike lsrael made a pre-emptive strikc and
before the Arabs knew what was going on the war was over, $trik;
your adversary first and hard-legally. lt will put them into thc defcnrive
mode while you continue your otfensive. As you will soc your
preemptivo move will paralyze them. lt will be like having knocked out
all their planes , ships and tanks before they know what happcned,
Tirning and when to start your action is extremely critical. lt detormlner
who has the initiative and you must get that first. You'll learn that and
more.
You must remember to be successful in all your actlont you
must prove your case. Document, document, documentl Wtthout
documentation, evidence or witnesses you can't do anything or go
anywhere. That is why when reading this book you must not put rt
down until you understand that documentation is important ar without
it there is no case. Read this book over and over againl Undorlland
the strategy.
Know the law and consult with an attorney when you aro
roady or about to proceed. Whatever the basis of your legal action in
law, research that law over and over again. Read this book ovcr and
over againl You must have the proper and correct theory applird in
lhe form of a complaint that is the correct cause of your actlon, Your
action may be limited by s worker's compensation law, you may hava
a intentional injury which is a tort, a civil action or discrimination acllon
covered by a civil rights law. Each of these actions are filed in mparate
or multiple jurisdictions. Jurisdiction is which type of court can hcar lha
type of action or complaint you are filing. A simple example automobrla
violations are heard in traffic court. Family disputes in family court
Most lawyers will tell you law is an art and I'll tell you rt'r moro
a science. The reason it is a science is that everything har rulcr llks
(lh. 7 P9. 52
in physics or chemistry. lt's less of a science than math because things
rarely add up except the legal bills.
While on legal bills our strategy is that the employer pays all
the bills at all times and you pay no one anything at any time. You
must in any and all cases involved demand that the petitioner, plaintiff
or the employer in your case pay all legal expenses if you win your
cago,
Yes all this can be done. The law does protect us oncs wo
invokc the legal protection available as mentioned. lnvoking that
protection is central to our plan.
Ch. 7 ['g 5l
Noteworthy Legal Citation:
The courte have found that there lg nothlng fraudubnt or
rgalnet publlc pollcy when e company le lncorporated to llmlt lb
llrblllU.
Mlller v. Honde , 779 F2d 789 (1't Clr. 19S5)
Ch, 7 P9.51
Chapter 8. Recognlze The Employer's Strateglc Plan
Ch. I Pg 5t
The Documentation Plan
Ch 8Ps 56
Do not allow Them to Dectablllze, Cafole, or i/llglead You
' Notl if you can prove they said anything defamatory to any co-
workor you have a defamation lawsuit providing you can get thc
peruon to testify for you, When the time comes for an all out legal
assault you'll want to bring in every cause of action separately bearing
down on them so hard financially with legal costs. Tape record
whenover you can.
Once you feel or know you are on the way out stay on gurrd
at all lirnes. lf management feels you may be on to them they may lct
thingr cool off a little bit but as previously mentioned this is misleadlng,
They rnay lay low on you for a year or more before they are ready lo
make their final move. Always be on guard!
Ch. I f'g 1/
The Pertormence Attack
Ch. I Pg. 58
Chaptor 9. Developlng Your Defenslve Strategic Plan
What ie lt?
Why have it?
Legrl Theory: Development of Your Strateglc Plan
Selcctl ng and Applylng the Correct Legal Theory
Statutory Vlolatlong- Federal & State
Torts
Defamatlon: Slander and Libel
Crlmlnal Liabillty
Drawlng Your Employer into Your Legal Plan
Urlng Slmultaneous and Multlple Strategles
Example Plan in Actlon
Deelgning and DeveloPlng You Plan
You Have Chosen Two Legal Theories
Your Defenslve Otfenglve Move
Glau Actlons - Pure Power and Pure Joyl
Staylng wlth the plan
What ig it?
The strategic plan is based upon the theory of law that you are
going to invoke in-defending your employee rights and if needed in
iitigaiing your wrongful or fraudulent termination. Your strategic plrn
nai two phases, initially you will gain the tactical advantagQ tl
defcnrive positioning and later using the advantages againrt tha
employers offensiva initiative. The first provocation or offeneivo
initiallve should be made by the employer and it's best when it is thc
employer. Those initiatives include the employer's starting to document
a cgd in any way against you. You will rarely make the very first mova
without any provocation, We will go into more detail when and how to
mov9
Recognize and identify the employer's plan as e?rly ar
posstble, Compare this part of the plan to a phase of intelligenca
gatharing prior to acting, The employer's aggressive initiative along
wltn ttre tactics they use will giva you clues as to their strategic plan
and allows you to d6velop your own strategic plan and counter taclicr
You don't want to be the last to know you are on "the list"'
Ch, 9 f'g $$
Why have lt?
Ch, I P9,60
ln chapter four we discussed a number of theories for your
case but again I must emphasize that the correct one be applied given
and considering all the circumstances. A good example of thoory
selection is a case involving of a wrongful termination in contract
employment case defended by the employer to be a case of an at-will
employment relationship. The employer gave no other reason oster
than the employee was not needed. What his attorney failed to
conslder was that the employee had filed a workers compensation
cas1 and comments were made by the employer that he would "fircn
him if he filed because there had been too many work related infuriet
at hir company resulting in claims. The attorney attempted to argua
and failed to prove his age discrimination case when in fact thir
employee was really a victim of retraliation for a workers compencadon
claim he had filed. This error was due to two things one, the aftorney
failed to ask all the right questions about his case and it's history and
two the plaintiff in this case should have mentioned any previout or
related litigation with this employer.
lf the attorney/employee had argued retaliation for filing for
Workar's Compensation a violation of public policy the burden of proof
would have shifted to the employer. The employer would have to
prov6 that the termination was in fact not because the employee filad
for worker's compensation and that employer must prove that tho
termination was unquestionably not in retaliation for the filing of
workor' s compensation,
Chapter four also recalls some of laws that protect you from
wrongful or harmful action by employers or their employees . Thaao
included the most important classes of laws, the civil rights actr
protecting you from discrimination and worker's compensation lawl
that cornpensate you for injury at the workplace, These all providc
remsdies that are specifically dictated by statutory law both at state
and laderal levels. There are two other areas of law that can bO
applied giving us a total of at least four major theories of law that you
can 6mploy. The last two are what I believe the most effective and you
will goon learn why. Please note I have used these tactics and they arc
bombshellsl
Torts
Ch sPg 6t
you are an employee, on the job and are injured on the job you have
no right to sue. You may only collect what the worker's compensation
law provides in your state. The important exceptions follow and thc
reason they important is it they greatly expand your tactical arsenal
and strengthen your strategic plan if your case allows.
Crlmlnal Llablllty
Ch . 9 P9,62
When you dealwith immoraland unethicalemployers and they
use lies and fraud and play by no rules some would say to use samo
techniques they use to build a case against them the way they built
one on you. But you must remember that you have to document it and
be able to prove you claims, lf you use fraud to fight back and get
caught you can be put in jail.
Use the legal and the lawful application of law and consult an
attorney if you have any doubts. You must read the current law to
make sure if it still applies in your state and have it reviewed by an
attorney.
The Bagls for Your Real Actlon
There are many reasons they are terminating you illegally but
most likely the reason they are letting you go is because they are
interested in keeping their benefits plans healthy for the chosen
management team or club, To accomplish this they dump oldcr
workcrs and replace them with younger workers. Eliminatc the
poritions for a year or two and then bring back the position. l've seon
it happen over and over again.
As long as they have no legitimate reason you have the rlght
to suc using any of the legal protections discussed providing you havc
the needed evidence. Remember, no evidence, no case.
Ch. 9 ['g 63
motive is to replace her because she has been there too long and is
nar retirement.
Let us say you've been there tor 25 years or moro and hava
an outstanding wdrk-record but recently you have got ? new suporvlmr
, This new sufervisor is critical of all your activity and says "you keap
working like this you'll be fired' and then when you perfo.rmanco
rsviewiomes up you received you first poor evaluations and ratingc
in all those year's.-The employer gives you ? written warning that you
are asked tb sign. You decide that you will not sign unless you arc
given an opport-unity to respond to the evaluation. tou respond and
ivrite what ybu statd are the facts in rebuttal of the false or negllgcnt
appraisal.
You are clear in your mind that this supervisor lc out to
terminate you and are very upset given the fact that she in thlr caco
already has in her mind teiminatioh ig the only optiol for you, Al tha
weeks'go by this supervisor continues to berate yoy for any poaaible
rcason-ofteh tying bnd distorting the truth, Based upgf what.wal
written in the ipplaisal and thaf their assertions are false and tho
hostile action by the employer you know its time to act. You recoqnlec
that their plan is to fire or terminate you because you.r are no.t dolng
your job. What laws should your strategic plan involve in your dofcnlc
end offense?
You Have Chosen Two Strateglc Legal Theorler
You have decided that the strategic plan you have cholen
involves a civil rights law violation of age discrimination becaule thore
ir no other badis and you have reviewed you state's wofklF't
cornpensation law and it siates that stress and depression caulod at
tha workplace in course of the performance of your job by. nny
including management that is wrongful is compcnls.bli,
' - Specifically
cmployed
in yofr caso the unwarranted threat, contlnusd
hoctile acts by the-supervisor against you and negligent apprnlul dl
lrsd you to cbnectly believe that this supervisor is out to wrongfully
Itrminate you producing distress,
Your Defenglve Offenclve Move
So what is your first defensive move? What do you hsvo lo
work with legally at this point? Assuming _ that you havc no rael
eyidence ye[ for age discrimination you file with a attornoy lhel
'
*pecializes in worker's compensation casesl,
Your lawyer tells you that you have a legitimate legal elalm
lr;cause of the medically diagnosed severe stress and depr;l;lon
besed upon the hostile acts and intimidation by the supervl$or unqltr
Ch. I P9.64
the threat of termination. The attorney files this case at absolutely no
cost to you as the law does not permit the attorney to charge for
worker's compensation cases. Attorneys get paid only after the award
or compensation has been made. No compensation no payment.
So what has happened now? Two things have happened,
First., The employer is surprised that you made this legal mova to
protect your right to be free from harmful and distressing commentary
and threats by the employer's supervisor. Second. You have invoked
additional protection to the exception of the at-will doctrina of
employment by way of retaliation for filing a worker's compensation
benefit.
Ch I P0 tit
Staylng with the Plan
Once the plan is put into action by filing the necessary legal
claims listen to what your attorney and the other professionals havc to
say. Say nothing at work except stay in touch with your network of
frlends, The plan continues with you gathering evidence for your egc
dlscrimination case. Ask all the members of the network to providc you
with copies of any of the employers handbooks or work rules or guidor
and also anything that has to do with the terms of employment.
Continue to keep a diary or log of all your work related activity.
Once you have gotten this far you have taken the initiatlvc
and taken the steam out of the employer's wrongful and fraudulcnt
attempt to terminate you. You are ready to broaden your defensc with
a tactical counter offensive which will surely put an end to thelr tsctlcr
ln their strategic plan to terminate you for age discrimination undcr thc
guise of poor productivity. This action will be based upon your
understanding of what is evidence and how it used tactically to finally
defeat them. This requires collectron of evidence and witnescel,
Ch. I Pg. 66
Chaptor 10. What ie a Tactlcal Advantage?
a better
A tactical advantage is being in or putting yourself in
position than your opponent. Example your employer may us6
"hearaay" evidence saying that "Wilma told me she saw you steal th6
laptop computer " and that is why they are firing you. You just happcn
to know and have it documented that you were away on vacation and
have the records to prove you were in another state at the tima' Your
documentation has given you a tactical advantage in that your piece
of avldence refutes without question any assertion that you werc at
that location at that time to have done what you are accused of, ln
court "hearsay" evidence in not admissible, Wilma must testify.
Tactically this first strike was extremely effective and pointl oul
the power of pre6mptive strikes. Preemptive strikes are strikes thal ara
ma,ic rn res$onse io the threat of being attacked. The first movot by
employers are because of law more of a warning than immediato
Ch. 10 Pg 6l
omployment termination, This is a real advantage to you because now
that y6u know they are coming for you, you can adjust your first
tactical counter strike carefully and execute it swiftly once you have
given careful consideration of all the strategic value these tactics
have, The tactical offensive move must contribute to the strateglc plan.
But how does a tactical otfensive mov contribute to your strategic
plan?
eh 10 P9.68
citizen doing your legal and responsible duty reporting the violation by
helping to keep the Earth clean and greenl!
Daily Recordr
Keep a daily record of all your activity and take a copy homc
with you at all times. Make notes of all work activity either in a ltttlc
notopad or if you work in an office on a computer disk. Make entriel on
a regular basis including dates, times, activity and most important what
wag said to and by whom regarding any questionable practice by your
employer or employee if an employee is involved. Take special nolor
when dealing with a supervisor who is out to "get you". Note any and
all cornrnents that are made.
Ch. ,O P9 tt9
These daily records when shown to be used regularly are
accepted in almost any court of law and of competent jurisdiction,
eh.10Pg 70
Learn to document and do this regularly, What is great about
it also is that the courts fully accept this a evidence and companies aro
required by law to keep this information for certain periods of time and
in some cases for years in the event litigation is started, Electronic
mesaages are discoverable. Rules for some business are moro
stringent that others for the length of document retention.
You may feel like a sneak using a hidden tape recorder but it'r
perfectly legal in most states. The general rule is that if the person
makor a recording and at least one of the people at the meeting know
it's being(you alone included )made it's legal, lt's a form of
documenting or note taking. Our Presidents since FDR taped almort
evoryone, The issue before some courts may be it's admissibility bul
you will find that many will allow it especially if it contains highly
relevant or criminal information.
Other uses for these tapes are to aid you in refreshing your
memory and what was said, A typical courtroom tact would be if thcy
asked you " are you sure she said that?" and your answer ir
"absolutely I have it on tapel" can you imagine them trying to rebut
that? Do you think they would dare ask you bring it in? What would a
jury thlnk when you make liars out of the employer?
Ch. 10 [tg ll
Regarding their introduction into any legal proceeding your
attorney will advise you based upon your state's laws and its court's
rules. lf the court allows it fine, if not that's is fine too! Most willl
ln addition your recording may not be used in court but your
ernployer can listen to it to make their own determination of the facts
in support of your argument. lf the employer decides to hear out your
facts with the supported recording you may not need to go to court,
Ch 10 P9.72
Chapter 11. Responding to Tactical Moves by Employers
Ch.11 Pg 73
in turn a greater liability to the employer if the employer does not act
to eliminate this type of activity by responding to your complaint
promptly or immediately as warranted.
Ch 1 1 P9.74
Great Defenre Agalnat Employer Abuse
The test for this use of the law is the "reasonable man' tlti,
Whlch rneans that how would soms else under similar circumstarrcol r
react? Would anyone else respond in ths same distressed way? Att,,
your*lf and othirs as they aro your jury. Generally a single incldlnt'
irnleff very extreme threatening or terrifying comment madr tl*.
intantlonal Llarm you will not be sufficient. You must show that thul
I
wac pattern and unrelenting abuse. Two or three docurnanlA$
incldCnte would sutfice in many cases. But again you must hrvc
evidance and documentation,
Ch 11 Pg tb
Recognlzing Where They are Vulnerable
The employer has all tha responsibilities to Eee that you aru sl
mfe at work a8 you are at home with the exception of job hazardr llkc ,
working ln a chemical plant where there is exposure to toxic chomicalt..,
ln a hazardoue work environment it is the duty and responsibillty ol thc
crnployer to provide you with the proper safety training garmentc or
equipment. Almost all hazardous work environments must comply with
OSHA laws. This means full compliance that includes posting of salaty
information and other hazardous work related information.
To recognize where the employer is vulnerable you nacd to
understand their business and as many aspects of it as porriblc,
Besides being aware of civil rights violations which are mafor sourc;t
of cases against companies the awaroness of safety issuee ir of
highest importance not just for you and your co-workers but for thc
gcneral public, For any and all violations that you see makc notc of
them and report them to your employer. The reporting of thctc
vlolations not only serves to protect others but gives you addltlonel
protection from retaliatory discharge.
Employers that are out to get you also have to document thclr
cese or they can be found liable in a court of law for wrongful,
ncgligent or fraudulent discharge. lf the employer fails to provc thclr
caae they will have to pay costs , damages and other penaltlcr in
meny case3.
Documentation and evidence is what this book is all about So
Alwayr Thlnk Docum !
eh 11 P9,76
Chapter 12. The Employer ig About to Move ln on You
You must now file any and all claims you have evidencc for
by secing an attorney. lf any activity is criminal you go to the policc
or directly to your county prosecutor's otfice and file a report with
evidence in hand. lf its related to OSHA for health & safety or to EPA
for environmental or other federal violations report them to thc
appropriate agencies. All these agencies have representatives in your
area, Also report these violations to local authorities.
Ch 12 Pg tt
lacking in good-faith your case will be dismissed, Also even if you file
these good-faith claims that you truly believe to be a violation of the
law but the employer can prove that they had just cause to terminate
you they will terminate you but their case must be very strong or they
may lose on grounds of retaliation for which the penalties arE s6verc.
t)
iri
,24;
Tht Tlmc lr Rlpc Whcn You Havo All the Evldence
And All thr Rcqulrcd Elomcntr of thc Vlolatlon Exltt.
When the time is ripe and you have all your evidence thet E
lhc time to invoke you legal right to protection by the law. Go to your
attorney or legal aid or whatever legal services you have avarlablc and
rnake your report or complaint to the appropriate agency, You nacd lo
do this before they terminate you, This will give them som6 othor
lhrngs to think about and at the same time provide you protecilon lrom
rotaliation if they have no just cause, a weak or marginal caso agetnrt
you for termination.
Ch 12 Pg,78
Burden of Proof and Prlma Facle Cage-Dlecrlmlnatlon
ln ordar to establish a prima facie case you need to prove four thlngr:
3. Dorpite the fact you are doing a good job you were discharged,
Ch 12 Pg /0
NoteworthY Legal Cltatlon:
speclal voteren'g rlghb are outllned ln ths vctrr.n'l
Reomployment Rlghte Act and lt requlrer all employen to glvr
veterenr extra protectlon relatlng to leever and returnlng to worlt
nlated to mllltary tervlce.
43 U.S.C. tlt. 38
eh. 12 P9.80
Chapter 13. Terminatlon Day Scenarlo
Ch.13Pg 8l
Another major factor for selecting the year is unemployment
compensation. The way this works is that every employer is allowed
llo rnany layotfs per year where there is no surcharge by the stato, lf
they lay off too many people in any given year they have to pay tho full
arnount of the unemployment for that employee.
Termlnatlon Proceer
lf you are terminated on the spot for some justifiablc rcaron
you can expect to go through some complete ritual. lt will lnclude all
the understianding and offer of support with empathy thrown ln. All lhir
willtake place with monotone voices and emanating from cold rigid
looks and frozen body movement.
Gettlng Called ln
You will, most likely be called into either the HR departmonl or
iorno obscure room or office you are not familiar with. lt's daatgnod to
glve a feeling of neutrality because a managers's office rney bo loo
ovrpowering on you and provide more distress which thcy wnnt to
minimize, You will most likely be in the presence of your suporvror
and the HR representative. These people will tell you why you {rrr
there and start talking,
Ch. 13 P9. 82
Thelr Explanation Why You are Belng Terminated
lf you are in any legal position to any claim of right you will bc
offerad a severance package of some type. lts customary for your
company to give some severance pay you will get it. Most companiec
will give nothing for less than one year of service, One year and more
youlre more tiXety to get 2 weeks for each year which is the normal
amount, The exception can be found with older workers who arc
somotirnes given more because of their age.
Sevbrance packages can include job placement assistanc6,
retrainlng, continuation of medical benefits (COBRA) and othor
benofits available, Note if you are being terminated for any grost
wrong such as theft, violence, or any criminal acts you may -not bc
entilad to any benefits at all including COBRA health benefit offeringl,
Ch. 13 Pg ttl
The smartest companies will let you know between 45-60 days
if it is a layotf or reorganization move that eliminates you position ir
going to tjke place. lf you are being terminated for other busineas or
[ers6nat performance reasons then you will have had documentad
notice in advance alerting you to the conditions that have led you to
this separation day. You in all cases under "statutes of fraud " ln your
etate have a period of time to revoke a signature on a contract, A
sevarance agreement is a contract. A contract has three partf 1, An
offer (you to ieave without suing) 2, consideration (amount of moncy
or benefit you get) and 3 Acceptance by both parties. That ig it,
Only sign after you have had a chance to review it or if you src
persuaded to sign on the spot make sure you take a copy with you ro
if or when you go to your attorney you can review it at home or with
your attorney to decide whether you did the right thing or not,
Coerced Slgnaturee
lf you have been forced to sign with a threat such at "tign now
or get noting late/'you need ask if you n call a lawyer, lf you ari th;
type like most you will sign but again the law clearly allows to wtthdraw
your signature within at least 24 hours and more dependlng on tha
state, See an attorney immediately if that does happen, lf you can not
t0 an attorney quickly do not cash any checks given or acccpt any
benefit as that means you agree to the release.
Ch. 13 Pg 84
Fraudu lent Term lnatlons
Ch.13 Pg 8s
Noteworthy Legal Cltatlon:
The Falr Credlt Reportlng Act (FRCAI allowc employctr to
u.o e employee'l credlt hlrtory but lt murt notlfy the employo
rnd malntaln atrlct confldentlallty of that report. A employtr
vlolatlng thle Act lr rubJect to rultr for damagel, attornly't fclt,
punltlve damagea and coctr.
Ch. 13 Pg, 86
Chapter 14. Methods of Closure
Stlpulated Settlement
Arbltratlon
Jury Trials
Bench Trlalg
Compensatlon or Being Made " Whole" Again
Monetary Awards
Lost Wages
Returning to Your Job- Retaliation and C.R. Caseg
Methods of Closure
When you feel you are being terminated wrongfully and feel
that you should be compensated you may have the option of settling
your feelings by obtaining some type of compensation. To give you e
feeling of closure when you leave your employer you may expect
something for what you feel you have done for the company. As wc
noted previously the employer owes you nothing unless it was agreed
to or as a matter of their company policy.
lf your former employer offers you nothing and you believo
your were wrongfully discharged you have many options. The optionr
you have again are dependent on the documentation, evidence and
witnesses you may have. Different states have all if not most of these
options available for settling discharge complaints, Some are
discussed now.
Stipulated Settlement
ch 14 P0 87
Noteworthy Legal Citation :
Titte Vll proscrlbeE dlgcrlmlnatlon because of "natlonrl
orlgln". Congreer hae dellned "natlonel orlgln" as " Thg COuntry
from whlch your forebearu Came" and equatee lt tO "ancettry".
110 Cong. Rec.2549 (1964)
Ch 14 Pg 90
Chapter 15: You Declde You Really Want to Leave
One of the biggest concerns every worker who has lost ht* or
her 1ob is medical coverage for themselves and their dependenll
Ch 15 Pg Sl
The US government recognizing this need passed the COBRA Act
of 1985 for continued insurance protections option.
COBRA
Salary Contlnuatlon
Retralnlng
Unemployment Benefltr
Ch. 1S Pg, 92
Are You Ellgible for Rehlre?
Ask your employer if you are eligible for rehire and if so after
how long of a period of time before you are eligible. This is important
to know in the event you are interested in returning for some reason in
the futu re,
Letter of Recommendatlon
Ch 15 Pg 03
Noteworthy Legal Citatlon:
Federal law prohlblt! clalmr that are covered by rtrlr't
worker'l componlatlon law to be moved to federal courb for tult
28 U.S.c. 1445(c)
Ch. 15 P9, 94
Chapter 16. You Want Justice and Want to Litigate
Caurec of Actlon
Statutes of Limltatlong - Tlme When you Must Sue
Whore to File- Agenclee and Gourts
Workor's Compensatlon Law
Employer and Workplace Torts
Crlmlnal Wrongdoing
Employer Fraud and Misrepresentation
Defamatlon or Slander
lnvasion of Prlvacy
Assault and Battery
Negligent Training of Supervisors
Who to Sue
The Company
Suing Your Supervlsor or Manager Personally
Yes You Can take it all from theml
Caueee of Actlon
Ch.16 Pg 95
legal action in multiple jurisdictions. For example if you have a
crlrninal act of violence perpetrated against you at work you cen flrrt.
filE a complaint in criminal court for violation of state criminal codc and
then in worker's compensation court to recover for any injurier, whon
and if it was proven that the harm was clearly intentional you mey ltla
against an individual in civil court for additional damages. A ovlrvhw'
of some of the areas of action that applicable are reviewed horu.
Every legal action has time limits during which you can filc an
action against an employer, Some of the guidelines depending on the
jurisdiction whether it is criminal, civil tort, discrimrnation or workor't
cornpensation. The time limits vary but any criminal action should bc
filed immediately, workers compensation requires that you notify your
ernployer within 24 hours in most states or have your attorney notify
them, civil actions in tort are generally within two years and clvil rightc
or age discrimination 180 days. There are some actions that can bo
filed up to four years in some states. Check with your attorney or local
law school librarian,
Claims that are not of a civil rights nature that are the ralull of
injury which includes bodily injury, emotional stress and traume aro
covered by worker's compensation laws in all 50 states. Thesa lawr
provide you with a speedy administrative hearing where all mcdlcal
and a fixed percentage of lost wages are provided to you for
compensation. ln addition if you are injured physically each boeJy part
based upon the percentage of loss of it functionality is compenrabla
by a fixed dollar amount, An example of losing 1A0% functronality ot
an eye would be worth $ 140,000.00. or a right leg $210,000 00 ll you
only develop a limp in that leg the court using doctors testimony woultl
say that the leg has only 50% loss of function so you would only gct
Ch 16 Pg. 96
$105,000.00 and so on. Each body memberor system has a fixed
value that changes from year to year.
To file for workers compensation you must notify your superior
immediately upon discovery of the injury and it must have happened
at work rlr rn the course of performing your job duties. You then contact
a lawyer that specializes in workers compensation law. This lawyer will
not charge you anything and he will determine if you have a caso,
When the case is settled most often the company must pay all legal
feeg with a few rare exceptions. Your attorney will provide you with the
details of the worker's compensation law in you state.
Crlmlnal Wrongdolng
There will be times when the employer will act in a way that ir
criminal in action, This type of activity is handled quite differently and
if and when you have a provable case it is devastating again*t the
employer. W6 will cover criminal activity in a later chapter and tho
specidl procedures that you use, but the reason it is mentioned herc
is that proven criminal activity almost always gives rise multiplo clvll
tort caseg involving all parties.
Ch. 16 Pg 0l
This is one example of fraud. You know it when you see it and
experience it. Remember get documentation for any promises madc
in writing and in a follow-up acknowledging or confirming the meeting
and discussion. Remember- No documentation or evidence there ig no
way of protecting yourself.
Defrmetlon - Slander(spoken) & Llbel(wrltten)
Defamation covers a large area activity basically it is someono
saying or writing something true or untrue to harm you that is conveyed
to another person. ln the workplace it is automatically assumed you
are harmed when defamation takes place and you need not prove
damages in some states
Defamation can happen not only while you are working with
the employer but even after you have left. An example would be your
former employer giving you a bad reference or making of any
defamatory comments even once you have left to any other percont,
The exception are "privileged communications" amongst managemcnt
and legal or medical professionals .
lnverlon of Prlvrcy
Ch. 16 Pg. 98
Aesault and Battery
The Company
Ch. 16 Pg 90
Suing Your Supervleor or Manager Personally
Ch 16 Pg. 100
Chapter 17. Using and Undergtandlng Attorneys
Selectlng An Attorney
Paylng for Legal Representatlon
Contlngency Fees
Per Cabe Costs
How Lawyers Handle Employment Casee
ldentlfylng the Correct Legal Theory ln Your Case
Manrglng your Attorney
What your Lawyer Really Wants
Reasonable Amount of Compensatlon
Summary
Ch 17 Pg 101
Selectlng An Attorney
Contingency Fees
Ch 17 Pg. 106
Chapter 18. Gettlng a Totally Free Lawyer for Your Case
Summary
There are times when there you can get instant free legal
representation by an attorney when there is activity at work where you
have become a victim of a crime.
When you file a criminal complaint you get free representation
by the states legal advocate for its citizens to uphold the law. That
person is the prosecutor. You must provide the prosecutor with any
and all evidence you have that a crime was committed. The prosecutor
based on the documentation or evidence you provide him will
detarmine if the state will proceed with criminal charges against tha
employer or company.
6u
Employerc Can Arregted for Crlmlnal Actlvlty
Some of the crimes other than assault and battery, are fraud,
forgery, conspiracy and other crimes are part of your states criminal
code Whenever you suspect some wrong doing by your employer go
to your library and look at the criminal code and see if any of the
activrties that you can prove that the employer used against you can
be proved to be crimes. When the employers activity is proved or
evidence exists that there is a likelihood that a crime was committed
against you during your employment or committed to wrongfully
terminate you can file a criminal complaint.
Ch. 18 Pg 107
Fillng Crlmlnal Complainte
Ch 18 Pg. 108
Provlng Your Crlminal Case
Ch. 18 Pg 100
Noteworthy Legal Citation :
Thc Racketeerlng lnfluonced rnd Gorrupt Orgrnlzrtlonr
Act (RICO) clalm can bi appended to an employec't clrlm of
fnud, corruptlon, or crlmlnal conduct by thc employrr. lf thr;
rmploycr loree euch r cult and complalnt thc employ.r plyr rll..
bgd cortr and thr employee getr "treble damager" whlch mllnl
tn cxtended or multlplled award.
t8 u.s.c. s$ t98l-1968
Stop and take a deep breath, kick off your shoes and be happy
you made a decisionl The most stressful part in leaving can be
deciding how you want to leave given the different circumstances
under which you can leave a company.
Ch. 19 Pg 'll I
Therefore do not be anxious about tomonow, for
tomorrcw will be anxious for itself. Let the day's own trcubte
be sufficient for the day.
Matthew 6:34
INDEX
A
ADA .....,2A
Arbitration . , 88
Additional Skills .,,10
Anxiety .....75
Absenteeism .,...21
AbstractReasonforTermination ....39
AmericanswithDisabilitiesAct ..,.,.2A
Applying the Correct Legal Theory . . , 60
Arrogance . .73
Assumptions ,....39
At-will Employment 19,23
AttorneyReferral/Selection ..102
Attorney Misapplying Legal Theory 61
"AirTight"CaseforTerminating ..,.,47
"Alpha"Type ..,.60
B
Black American 14
Business Cycles 44
Bar Association a2
Bench Trials . 90
Brown Nosers . . .2,14,47
"Best Practices" 46
Burdenof Proof ,.,79
c
Causes of Action 57,95
Cause,WhenNo.. ,..,.2A
Cajoled, Misled or Tricked 57
Class Action B6
Common Law 19
Congress 6
Counter Strike 67
Capitalist Economic System 3
Career Changes 10
Causes Morally Wrong 20
Change Jobs 10
Ctrrld Labor Law 17
Cobra g2
Coerced Srgnatures 84
Communrst China 18
C()nlpany Pohcy 31
Cornpany Securrly 2A
Cr:mpany's Good Wrll 6
()ornpany's Attrtude 12
Company's History 11
Contingency Fees 105
Contingency Plans 51
Contracts-Oral,Written .,,,,,32
Contractual Agreements 32
Contractual Employment 32
Contracts, When No . . 33
CorporateCultures... I
CorporateManagement . .,..2
Corporate Polices 5
Criminal Wrongdoing . 20,97
Cult of Management . . 35
Cultural Groups 13
D
Documentation by the Employer 47
Depression , 75
Development of Your Strategic Plan . 60
Doctor 76
DownSizing .,,,, 5
Dangerous Workplace 24
Defamation .. , ,57,62
Defense Against Employer Abuse 74
Defensive Offensive Move 64
Defrauding Government . 69
Defrauding the IRS . 69
Developing Your Plan . 63
Direct Pressure 36
Disabilities 26
Disclaimet .... 113
Doctrine. 18
Domestic Violence 29
"Duty of Good Faith" 33
Disclairner.... 113
E
Employee Selection for Termination 38
Employee Handbook 32
Electronic Mail 70
EPA, Complaints To 77
Ego . , 35,40
ElgarCorporation .. 4
Emotional Distress 75
Employee Benefits 5
Employee Handbook 2A
Employee Manuals 32
Employer Exploitation I 1
Employer Fraud 97
EmployerMisrepresentation ...97
Employer'sStrategicPlan ..,.55
EmploymentDiscrimination ....23
EmploymentDiscriminationActs ,.,.24
Employmentlaws ......,5
Evidence ...,1
ExamplePlan ...,63
ExceptionstoAt-will Employment.. ..30
ExecutiveSalaries... . .5
Executives... ..3,44
Exitlnterview. ....84
ExpenseReports .,47
F
FailuretoDocument ...,7A
FairLaborStandardsAct .....25
Falsification of Records . , 2A
FalsificationonJobApplication ....,.2A
FalsifyingDocument.., .,....47
FamilyDisputes .,,29
FearofTermination . .,12
Filing Complaints 96,108
FirstEmployer .... 10
First Strike 7,87
Fearof Reprisal ... .. .,, 31
FormerEmployees ....,11
Freelegal Consultation .....,33
Follow up with Letters , 68
ForgingSignature .....,47
FraudulentHiring .......9
Free Lawyer . 107
Freedom to Exercise Legal Rights . . . 30
" Fair Dealing" .. ., 33
(,
General Dynamics
Gambling Activity . 21
Good Cause 20
Gossip 13
Groupthink 35
Groupthink Actor 40
H
Harassment 72
l.lomicide 2
l"{umanResources... 48
tBM ,. 6
lgnorance 3
lilegal Company Activity ' ' 31
llluiions of lnvincibility 70
lnherentGroupMoralitY ...,,,36
lntimidation . . 7A
lrrational 41
lsolationism . . 38
lllegal Drugs 2A
lllusions of lnvulnerability 36
ln-house Counsel/ AttorneYs 44
lnfliction of Emotional Distress . . 99
lnsubordination 21
lnvasionof Privacy.., 98
lnvestigating the ComPanY 11
J
Janis, lrving MD 35
JobSecurity ,' , 5
JobPlacementServices ,..,., gz
Jury Service 31
.lurytrials... 88
L
Lost Wages 89
Legal Aid 33
Legal Clock ..,,, 82
Legal Specialties 5
Legal Theory 104
Living Together 20
Local Laws 30
Lawful Rights 30
Legal Professional. 30
Legal Terminations . 2A
Legal Theory 60
Legally Protected Activity 31
Legally Tight Cases 57
Letter of Recommendation 93
"LeanPractices"... 4A
M
Medical Benefits (COBRA) 83
Mind Guards 37
Momentum Strategic. 68
Management Salaries 3
Managers 45
Military or National Guard Service 31
Monetary Awards 8g
Motives for Termination 83
Multiple Strategies 63
N
New Job 11
Negotiating a Severance Package 91
Nervousness 75
Networking with Employees 12
New Manager 58
Nice Persons next 40
o
Older Workers 12
OSHA 77
OutsideCounsel ,,44
P
Punishment AgainstEmployers .. ...31
PensionPlans ...,.0
Performance Appraisals 41,5A
PhoneRecords ...41
Political Changes .. 10
Productivity. ...,,3
ProtectionfromTermination .,,75
Proving Your Case 54/8
PlanYourDocumentation ..., 56
Protectionunderlaw ..,30
Paradigm ..,38
PerformanceAttack... ..60
Permanent Position . . . , , 10
PersonalityConflicts .. .41
PlanningYourResponse ...... Sz
PoorPerformance. .....21
Powerlessnessof Employees ,.,5
PreemptiveMove .....,77
ProgressiveDiscipline. ..21
Proof orEvidence ......52
Prosecutor.. ....107
Psychological lnduction . 55
Public Policy Violations . 31
R
Resignation ....,55
ReportingofFraud ....31
Racial Groups .., 14
Rationalization ...,36
Reason for Termination . 33
Record, Note and Document . . 08
ReasonableMan,The. . . 75
ReductioninForce ,...,44
Refusing to Commit Perjury . 31
Rehabilitation Act 26
Releases 83
Religious Groups 13
Reporting a Legal Violation 69
Reporting of Fraud 31
Reporting of lllegal Acts . 31
Reporting Violations 30
Retaliation . .
. 78
Retaliation or Termination Not Permitted . 30
Retirement Age 7
Rrco 110
Rights of the Employee 23
Rights of the Employer 17
Ripeness 78
"Right Stutf 35
S
Safe Workplace ?6
Successful Legal Actions 52
Self-censorship 36
Six Day War . 52
Slander 62
Sleeping 21
Social Clubs 14
Stress Test by Doctor 77
Stressors 41
Sue Them All 51
Support Political Groups 31
Salary Continuation 92
Selection Testing 41
Set up for Termination 43
Severance Agreements 83
Severance Packages . . 83
Sexual Harassment 2t
Slander 82,73
Snitch, 45
State Legislature 21
Statute of Limitations, t)6
Statutes of Fraud 84
Statutory Violations 6t
Statutory Law . 1B
Strategic Momentum 68
Strategy and Tactics .. 38
Substance Abuse 21
Supervisot . . . 2
"Safe" Strategy .55
T
Tactical Strikes 69
Tape Recordings 51 ,71
Termination Practices . 4A
Timing 52
Tactical Advantage Al
Tactical Errors 73
Tactical Offense eB
Tardiness... 21
Technological Changes 2,1A
TerminationDay ....48,83
Theft . .. . .. 2A
Threats at Work 29
TimeCards ......47
Timing of Terminations 78
Torts . . 61
TrainingPrograms ......48
U
Union Activity 31
Unanimity lllusions 37
Unions ......2
V
Validlegal Complaint... 73
Verbal Meetings 70
Vesting ...,,.6
VeteransRights ...80
ViolentRetaliation ....,..4
W
WaltDisney ....,..5
Warning .,...4
Waste Basket 15
WeakestandMeekest., ...,..39
WeaponsatWork ...,..20
West'slawDictionary ,,..4
Whistle Blower Laws 31
WhotoSue ....,99
WorkPerformance .....21
WorkerExploitation.. ....7
Worker's Compensation Laws . 24,61 ,go
Worker's Compensation Filing of Claims 31
WorkplaceViolence ,,...1
"WholeMan"Theory ....24
Y
YourLegal Plan, ..62
NOTES: