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#RSS 2.0 RSS .92 Atom 0.3 UndercoverLawyer

UndercoverLawyer-

Free Work Law Secrets Course!
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Featured

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Free iPhone App For Documenting Your Wage Claim

July 11, 2011 · Leave a Comment

DOL Time Sheet AppA neat little new app for Smartphones - brought to
you by our friends at the Department of Labor's Wage and Hour Division
- lets employees independently track their work, break and overtime
hours. It's currently compatible with the iPhone and iPod Touch, and
updates are being planned for other Smartphone platforms. What is it
and why should I get it? The DOL's Timesheet App for Smartphones was
released in May. Employees can use it to keep track of the hours they
work. According to the DOL,... [Read the full story]

New Laws

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Whistleblower Protection for Nurses in Health Care Reform Bill

March 29, 2010 · 6 Comments

Protected from Whistle Blowing by New Health Care Reform BillThe
"Health Care Reform Bill" that has been at the top of the news lately
contains some good news for nurses, nursing home employees, and other
health care workers who are suffering under a bullying boss or being
harassed at work. Now this reform bill, which is actually named "The
Patient Protection and Affordable Care Act of 2009," does not outright
prohibit bullies in the healthcare workplace. Although it would be a
good idea to catch... [Read the full story]

Bad Boss

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Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work
Environment Claim

April 7, 2010 · 2 Comments

Schools Tackle Teacher-on-Teacher Bullying In the Workplace USA Today
features an interesting article about how 41 states have anti-bullying
statutes for students, but zero states have anti-bullying statutes that
apply to the teachers or administrators. That's starting to change,
however, with two school districts -- one in Iowa and one in California
-- for the first time ever explicitly prohibiting teacher to teacher
bullying. This collateral bullying is a huge topic in itself. But
what's troubling... [Read the full story]

Discrimination

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Attacking a Bullying Victim, Again: Phoebe Prince

July 22, 2010 · Leave a Comment

A lawyer who is defending one of the bullies that drove high schooler
Phoebe Prince to suicide just published an article in the online
magazine Slate. The outrage comes from the slant of the article, which
"reports" as objective news that Phoebe brought the bullying upon
herself. She's painted as being a "self-mutilating misfit bent on
suicide." The apparent purpose of the article is only too obvious to
people who have been the victims of workplace bullying; the purportedly
objective investigator... [Read the full story]

States

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50-State Resources For Employee Rights

April 5, 2010 · 1 Comment

50-State Resources for Filing Unemployment (scroll down to find your
State's Departments of Labor website) Alabama Alaska Arizona Arkansas
California Colorado Connecticut Delaware District of Columbia Florida
Georgia Guam* Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky
Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi
Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico
New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania
Puerto Rico Rhode Island South Carolina South Dakota Tennessee
... [Read the full story]

Severance

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Podcast #6: 10 Tips for Anyone Facing Termination, Including Negotiating a
Severance Package

November 10, 2008 · 2 Comments

Download PDF Transcript If you want to listen on your iPod via iTunes,
you can use this link (will open iTunes and take you to the podcast):
phobos.apple/WebObjects/MZStore.woa/wa/viewPodcast?id=284065
741 You can also listen through this website using the player below.
The primary message of Episode #6 of the Hostile Workplace Podcast is
"You Are Not Powerless When Facing Termination!" This episode shows
you how to fight back and try to keep your job, PLUS, we cover how to
negotiate a severance... [Read the full story]

Products

Products

Worklaws Exposed

April 14, 2010 · Leave a Comment

Get the power of the Worklaws Exposed eBook instantly! Many flexible
options for gaining immediate access to powerful strategies and your
rights as an employee. Don't be miserable in the workplace. You do have
rights. And this book shows you what they are and the most effective
ways of asserting them. Don't feel miserable and powerless another day!
Click Here to get your copy now! Read More ->
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How To Request Job Accommodations From Your Boss By Using the ADA

September 23, 2010

By Mary, The Undercover HR Director ("OnYourSide" in the Forums) The
Americans with Disabilities Act (ADA) requires employers to provide
reasonable accommodations to qualified employees with disabilities. For
all the kicking and screaming by employers about making accommodations,
you'd think accommodations cost them millions of dollars - but it's not
true! Accommodations for people with disabilities are usually extremely
low or even no cost. The Job Accommodation Network (JAN) conducted a
study recently that showed as many as 56 percent of workplace
accommodations cost NOTHING. Of those accommodations that did have a
cost, the average one-time cost was $600. What other kind of investment
could an employer make in their employees that would buy them so much
goodwill? What conditions are covered as disabilities? The ADA does not
contain a list of specific medical conditions that constitute
disabilities. Rather, whether an employee has a disability is
considered on a... more...

Filed Under Blog, Legal Strategies · Leave a Comment
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More Insider HR Tips: What Are HR Pros Saying About You?

August 24, 2010

HR Knicker Twisters, by Mary The Undercover HR Director ("OnYourSide")
in the forums Welcome to my second article! I'll be writing articles
periodically when I have news to share with you or an opinion on
current events. I hope you had a chance to read my first article. I
promised to share with you some "HR Knicker Twisters" gleaned from the
recent SHRM® 2010 Annual Conference and Exposition that I attended in
San Diego, California. Californians: you have a seriously gorgeous
state. I can see why California is in such danger of earthquakes. There
must be so many jealous transplants from other states weighing it down
that if a really big earthquake happened California would just crack
off and drop into the Pacific. As your intrepid Undercover HR Director,
I attended the SHRM® Conference sessions complete with my paper bag
(with eye holes) and note pad to capture what Human Resources
professionals are worried about. In case you didn't catch my last
article, SHRM®... more...

Filed Under Blog, Legal Strategies · 1 Comment
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Attacking a Bullying Victim, Again: Phoebe Prince

July 22, 2010

A lawyer who is defending one of the bullies that drove high schooler
Phoebe Prince to suicide just published an article in the online
magazine Slate. The outrage comes from the slant of the article, which
"reports" as objective news that Phoebe brought the bullying upon
herself. She's painted as being a "self-mutilating misfit bent on
suicide." The apparent purpose of the article is only too obvious to
people who have been the victims of workplace bullying; the purportedly
objective investigator makes the bully appear less awful by heaping
blame on the victim. How many people have complained to HR of a
"hostile work environment", only to be called in to HR and disciplined
for poor performance while nothing happens to the bully? This happens
so often it's sickening. But this attorney has taken this strategy to
sickening new depths by attacking a dead teenager while the family
members are still grieving. Here is a link to another
article... more...

Filed Under Blog, Discrimination, Uncategorized · Leave a Comment
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Insider H.R. Tips From SHRM, The Biggest H.R. Conference in the Country

July 3, 2010

Inaugural Article By Mary, the Undercover HR Director ("On Your Side"
in the Forums"): I'll be writing articles periodically when I have news
to share with you or an opinion on current events. I recently returned
from The SHRM® 2010 Annual Conference and Exposition, held in beautiful
San Diego, California. I thought you might like some insight into what
those dastardly Human Resource folks are cooking up. I attended the
Conference in my "day job" capacity as a Human Resources professional,
and as your Undercover HR Director. But first - a question: What do
you call one hundred HR professionals on the bottom of San Diego Bay? A
good start! No, wait - that's lawyers. Lawyers on the bottom of San
Diego Bay! (Apologies to Curt) A little background: SHRM® stands for
Society for Human Resource Management, and it's the world's largest
association of HR professionals, with over 250,000 members in more than
140 countries. There were over 11,000 attendees at... more...

Filed Under Blog, Legal Strategies · 2 Comments
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Jury Awards $250 Million for Gender Discrimination and Hostile Work
Environment

May 19, 2010

In the largest ever gender discrimination/hostile work environment
verdict, a jury ordered the pharmaceutical company Novartis to pay a
class of women $250 million in punitive damages, plus back pay, front
pay, and attorney fees to be determined later. "A jury that found
Novartis discriminated against women by paying them less than men,
promoting fewer of them and allowing a hostile workplace awarded $250
million in punitive damages on Wednesday." (Full article HERE). One
district manager was said to have forced female employees to look at
pornographic images, and even gone so far as to instruct women
subordinates to sit on his lap. With another large class action pending
against Wal-Mart that makes similar allegations of unequal pay, many
are wondering if this is the start of a legal trend. Do you feel that
you have not been paid fairly? If you want to learn how to frame the
issue in terms of what's legal or not legal, watch this video. Read
More ->

Filed Under Blog, Discrimination · 1 Comment
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Age Discrimination Among the Unemployed, and Movement on a Workplace
Harassment Bill

April 9, 2010

Good News / Bad News The Illinois State Senate passed a version of the
Namie's anti-bullying bill. The bill was introduced by Illinois State
Senator William Delgado, who said "Being in an abusive work environment
is intolerable. This legislation will finally give workers some means
of relief from the abuse they may be tolerating in their work
environment." At the time the Bill was introduced, it was written to
apply to public and private employees, to make harassment from bosses
and from co-workers illegal, and would have made managers and
co-workers individually liable for bullying. The bill even went so far
as to make it a criminal act for a manager to retaliate against an
employee who complained about bullying. (Read more HERE). But you know
how politics work. Business groups objected. Then there were cries that
the bill "would open the floodgates" to employment lawsuits. Then false
panic was spread about the bill being "the first step down... more...

Filed Under Age Discrimination, Blog, Featured · 2 Comments
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Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work
Environment Claim

April 7, 2010

Schools Tackle Teacher-on-Teacher Bullying In the Workplace USA Today
features an interesting article about how 41 states have anti-bullying
statutes for students, but zero states have anti-bullying statutes that
apply to the teachers or administrators. That's starting to change,
however, with two school districts -- one in Iowa and one in California
-- for the first time ever explicitly prohibiting teacher to teacher
bullying. This collateral bullying is a huge topic in itself. But
what's troubling to me is that the article does NOT specifically state
that the new rules prohibit school administration from bullying
teachers. It's an otherwise interesting article, and you can read it
HERE. When an EEOC Investigator Turns You Down, You Can Still Prevail I
recently advised an Academy Member who I will call Brittney. Brittney
contacted me in frustration because after filing an EEOC claim and
waiting a long time, the investigator called and said the
finding... more...

Filed Under Bad Boss, Blog, Uncategorized · 2 Comments
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Desperate Housewife Sues Abusive Boss For Hostile Work Environment

April 6, 2010

She's Suing Her BossFormer "Desperate Housewives" star Nicollette
Sheridan filed a lawsuit against the show's producer, Marc Cherry.
Sheridan's suit accuses Cherry of "creating a hostile work environment
on the set and behaving aggressively and abusively toward the cast and
the writers." She claims that her character was killed off in
retaliation for resisting his abuse, and she seeks $20 million in
compensation. Three Hostile Bosses Ordered to Pay $185,000 to Two
Employees Who Fought Back In Georgia, the former DeKalb County CEO
Vernon Jones and three other people were ordered to pay two former
employees $185,000. The former employees alleges that Jones created a
hostile work environment based on race within the County's Parks and
Recreation Department. The trial was closely watched because Jones is
currently running for Congress, and was the first African American CEO
of the County. In one deposition excerpt, a co-defendant (County Parks
Director... more...

Filed Under Blog, Discrimination, Hostile Work Environment & Workplace
Harassment · 7 Comments
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New Legal Rights For Employees of Nursing Homes

April 5, 2010

New Employee Rights for Nursing Home EmployeesIf you work for a nursing
home, convalescent hospital, hospice care facility, or any other health
care facility that accepts federal funds, the Health Care Reform bill
gives YOU new legal rights, too. If you or any other employee
reasonably suspects that a crime (like billing fraud) has taken place
at your workplace, then you must report it to at least one law
enforcement agency. What happens if you don't? Up to $200,000 in fines.
Evidently nursing home managers have been leery of reporting a resident
who has abused or beaten another resident. Mangers don't want the
negative publicity, and don't want law enforcement getting involved in
what he nursing home views as "a medical issue". So, if you are
employed at nursing home you must report any action by a manager or
resident that you believe is a crime. But what if you or a co-worker DO
report something that you reasonably believed was a crime - but it
turns out it wasn't. ... more...

Filed Under Blog, Retaliation, Uncategorized · 4 Comments
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Whistleblower Protection for Nurses in Health Care Reform Bill

March 29, 2010

Protected from Whistle Blowing by New Health Care Reform BillThe
"Health Care Reform Bill" that has been at the top of the news lately
contains some good news for nurses, nursing home employees, and other
health care workers who are suffering under a bullying boss or being
harassed at work. Now this reform bill, which is actually named "The
Patient Protection and Affordable Care Act of 2009," does not outright
prohibit bullies in the healthcare workplace. Although it would be a
good idea to catch the U.S. up with the rest of the civilized world,
we're still a ways off from making it illegal to purposefully ruin
another person's career. But, this law can be a another tool that you
can learn to use in your fight against an unfair supervisor.
Specifically, the Bill gives whistleblower AND retaliation protection
to health care workers! The "PPACA" also puts some muscle on the False
Claims Act. If an employee reports anything, even to his... more...

Filed Under Blog, New Laws · 6 Comments

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