Podcast: C’mon, Man! Employees Continue to Get Screwed Over: In this episode of the Employee Survival Guide Mark confronts systemic barriers created by employers that promote inequality of gender, age, race, sex, sexual orientation etc. and protects bad actors and bad companies from public exposure of their illegal actions and public shaming. Mark examines the current social equality movement (#metoo and BLM) to find system barriers thrown in their faces of employees by the very employers who publicly denounce sexism and racism. Employers should be banned from using confidentiality agreements in employment discrimination settlements. We should ban the employment-at will rule because it only promotes biased discrimination in the workplace. And finally, every case should be made public instead of being forced into the black hole of arbitration. We need to know how our employers are treating our coworkers and ultimately ourselves.
The Employee Survival Guide is a podcast only for employees. We will share with you all the information your employer does not want you to know about and guide you through various important employment law issues. The goal of the Employee Survival Guide podcast is to provide you with critical insights about your employment and give you the confidence to protect your job and career, especially during difficult times.
YOUR HOST MARK CAREY
The Employee Survival Guide podcast is hosted by seasoned Employment Law Attorney Mark Carey, who has only practiced in the area of Employment Law for the past 25 years. Mark has seen just about every type of employment dispute there is and has filed several hundred lawsuits in state and federal courts around the country, including class action suits. He has a no frills and blunt approach to employment issues faced by millions of workers nationwide. Mark endeavors to provide both sides to each and every issue discussed on the podcast so you can make an informed decision.
EMPLOYEE SURVIVAL GUIDE PODCAST IS LIKE NO OTHERS
The Employee Survival Guide podcast is just different than other lawyer podcasts! How? Mark hates lawyer speak used by lawyers and just prefers to talk using normal everyday language understandable to everyone, not just a few. This podcast is for employees only because no one has considered conveying employment information directly to employees, especially information their employers do not want them to know about. Mark is not interested in the gross distortion and default systems propagated by all employers, but targets the employers intentions, including discriminatory animus, designed to make employees feel helpless and underrepresented within each company. Company’s have human resource departments which only serve to protect the employer. You as an employee have nothing! Well, now you have the Employee Survival Guide to deal with your employer.
Through the use of quick discussions about individual employment law topics, Mark easily provides the immediate insight you need to make important decisions. Mark also uses dramatizations based on real cases he has litigated to explore important employment issues from the employee’s perspective. Both forms used in the podcast allow the listener to access employment law issues without all the fluff used by many lawyers.
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Podcast: C’mon, Man! Employees Continue to Get Screwed Over: For more information, please contact Carey & Associates, P.C. at 203-255-4150, www.capclaw.com or email at info@capclaw.com.
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What To Expect When You’re Expecting To Be Fired–Severance Negotiation
Podcast: An Employment Severance Agreement Explained in Detail
Transcript:
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Welcome to another edition of the Employee Survival Guide, where you can learn everything your employer does not want you to know about and more. Now, here’s attorney Mark Carey. Hey, it’s mark here and welcome to the next edition of the Employee Survival Guide. This week we’re going to talk about the following topic. “Come on man, employees continue to get screwed”. As we await the dawn on the purported new era of social change in America, I can promise you that your employment rights will not improve. I’m unapologetic. In fact, your employment rights have been so eroded by your employers that we are collectively veering toward ever more systemic and inequality in racism in the workplace. Now that I have your attention, what are you going to do about it? You have sat on the sidelines watching others do the heavy lifting. But when are you going to start questioning your employer regarding your employment and the selfish one sided employment practices you are somehow required to follow, such as the implement that will rule or the confidentiality of settlement agreements or forced arbitration of employment disputes? Can you say no to these things? Maybe a majority of you may never question or oppose your employer because of fear, fear of losing your job income and benefits. I get the financial insecurity issue faced by all but that’s the employers only leverage Come on man. As a President Biden is often quoted as saying, but really come on men, women in other how much pain and suffering has the has to occur before the collective use as enough if we are in the midst of a new social revolution in support of diversity and equality, where big corporations have piled on diversity support initiatives, in my opinion solely for marketing purposes, then we should see signs of dramatic changes to reveal reverse racial discrimination. racial inequality at work, promote pay equality, and the firing of older workers 55 and above just because they cost too much Wait, pause Listen, what’s that? Is that the sound of my meditation music playing in the background? If hashtag me to BLM are real, long lasting social movements to correct injustice is at work. I should not be able to hear anything over the gigantic Thunder a public outrage towards racial sexual in age inequality hurdling at my office, window internet and television. I have not heard nor read anything after the recent election. That indicates real changes beyond political hyperbole. And as far as I can see, employers continue to to default into the same old management practices of yesterday. Nothing has changed, nor will it change. Employers will continue to screw you collectively for the near future. I am doing this podcast in order to make you understand what your employer does not want you to know about default management practices are real and designed to suppress the collective you literally. Here’s why. Employers continue to require the fine chains of servitude and secrecy solely to promote their default control at all cost position at your expense. You didn’t know your current employment system stems from the centuries old practices of master and servant, right. The following implement practices are inherently racial, sexist, ages to homophobic and just downright undemocratic. But you will not hear anyone else dare to say these truths. I will because I don’t care what management and corporations say, why don’t you feel the same way? Non disclosure agreements and confidentiality agreements conceal bad actors and bad companies. Shame in more shame. If you statutorily banned the use of confidentiality provisions in settlement of employment discrimination cases, bad actors and bad companies will stop discriminating why companies will seek to avoid public shaming if we all knew if we knew that a CEO attempted to rape a subordinate that a billionaire hedge fund manager fired a woman with young children who was recently diagnosed with two forms of aggressive cancer that a black man was immediately fired after being asked in gave an internal talk regarding the BLM movement that an older man was fired for losing his voicebox due to cancer and told he did not have a physical disability that a pregnant woman was fired from a large public company because her brain allegedly changed as a result of her pregnancy. Need I go on. Some states have decided to ban confidentiality provisions and implement settlement agreements. But they have not gone far enough because employer lobby groups temperate down the statutory language and create gaping loopholes for employers just slither through. For example, some employers have conditioned part of the settlement payment requiring the employee the victim to sign a separate confidentiality agreement. I brought this practice to the attention of the relevant State Attorney General’s office without even getting a response. The statutes are worthless because employers always seek the default to control you and control your their self interest. Here’s the bottom line, remove all confidentiality provisions from every employment settlement agreement, and you will directly and substantially decrease all forms racial, ethnic, sex, sexual orientation, disability, religious in age discrimination, to name a few. Think about the millions of dollars saved by companies that could be used to train employees and manage managers about the golden rule. The money saved by you by not having to pay attorneys fees to Employment Lawyers like myself, please, I beg you to put me out of business, I would be glad to retire. But employers cannot seem to give up this confidentiality drug. There’s absolutely no contrary rational argument in favor of the continued use of confidentiality provisions to shield bad actors and bad employers. If there is one, let me know. So why does this nonsense continue? That’s how powerful employers are always seeking to maintain this default management practice. And worse yet, companies controlled by progressive liberals and conservatives follow this default management practice. It’s a bipartisan effort to screw you, as I continue to say employment law is not political. But Neela. The National Employment Lawyers Association says that it is. Here’s my disclaimer, I’m a long term member of Neela and a registered Republican doing the people’s work, implement it will conceals discriminatory behavior and must be banned. I will beat this drum till the end of time. Most employees except those in Montana are capable of being fired for no reason at all at any moment. This is the implement that will rule. The rule should be banned nationwide and replaced with a termination for cause rule that will rule arose out of the master and servant context and is still the current management default rule adversely impacting everyone except those employees in Montana and executives with the cloud to demand employment contracts with severance and termination for cause. Why is that we’ll rule so dangerous when employers do not have to give a reason for termination. Employers managers who hold a discriminatory bias of any kind can quietly terminate employees they do not like. Yes, the implemented will rule promotes racism, sexism, disability, discrimination, ageism, etc. But again, employers are so addicted to this rule, they can’t give it up. This issue is equivalent to the opioid crisis in more companies and Management Council continues to prescribe this drug of choice. That’s how powerful employers are always seeking to maintain the most coveted of all default management practices. And worse yet, companies controlled by progressive liberals and conservatives fall this default management practice. instituting the termination for cause rule would result in decreased discriminatory practices, as employers would be required to demonstrate in an objective factual basis to support the decision to terminate not one that was arbitrary and capricious, which is what discrimination is. Finally, forced arbitration conceals everything bad that your employer does not want you to know about what is forced arbitration. Simply your employer says it’s a quicker and cheaper way to resolve employment disputes. It’s not quicker, it’s not cheaper for you. It’s called forced arbitration because your employer mandated your job offer or your continued employment on you’re signing the agreement. You could not negotiate it away. It never benefited you at all. It’s a management default rule, and more than 50% of employees in the United States are adversely affected by this one sided practice. What is it really, the sole purpose of arbitration agreements in the employment context is to conceal bad actors and bad companies. The adverse effect on all employees is identical to the default use of confidentiality agreements. This default rule is so entrenched in our work culture that courts overwhelmingly compel arbitration in nearly all cases concealing your claims of discrimination in a non public black hole. There’s absolutely no way to publicly discover what types of discrimination claims were sent to arbitration as Google cannot crawl it, and wesel research database does not cover it. It is as if these claims never happened at all. The woman who was almost raped by the CEO, the black man fired after being asked to give a BLM explanation. Worse, you cannot shame the Corporation for what they did. That’s the point of forced arbitration. It’s secret, it will take an act of Congress to overturn the Federal Arbitration Act. And this current Congress won’t touch this with 100 mile pole. That’s how powerful employers really are always seeking to maintain this default management practice at every level. in worship companies controlled by progressive liberals and conservatives fall in his default management practice. You now know what I would propose, but what will you do to affect real change? If you would like more information about this topic? Please contact Carey & Associates PC on the web at www.capclaw.com. I thank you for listening as always, have a great week.
Tags: employers employment confidentiality provision employees default arbitration blm fired forced arbitration settlement agreements confidentiality agreements employment at will