Hostile Work Place Podcast, By Undercover

In this episode we review two recent cases, both of which point toward the federal courts gradual expansion of discrimination law, inching closer to requiring civility in the workplace. We also have a highly informative interview with Brian Therrien of Disability Digest about qualifying for disability benefits, and the differences between short term, long term, and social security disability. I learned a lot just from interviewing Brian, and I know you'll find this to be one of our most informative interviews yet.

Episode 13 features an interview with our forum Den Mother and bully boss fighter, Lulu.  Lulu joined our forum feeling alone and confused about how her long stellar career could start crumbling when a much younger manager took over the department where Lulu worked.  Over a year later Lulu is still fighting through trials, but now after learning her rights she feels empowered and more in control.  Make no mistake, Lulu does not have an easy life.  But listen to her tell her story on this podcast and you will detect a calm confidence in Lulu that makes her a source of inspiration and comfort in the Employment Law Academy.Remember last episode when we introduced The Undercover HR Person, Mary, to help our community members with responding to a bullying bosses and H.R. Departments?  So many people contacted her for help that now there is a waiting line.  If you'd like to check to see if she's had any cancellations you can contact her at: mary@undercoverlawyer.comQuick Tip Contact Info: http://www.thedisabilitydi

Episode 12 features an interview with Bully Boss survivor turned author Marilyn Veincentotzs.  Marilyn, who also goes by "Dr. Vee", learned from "Work Laws Exposed" how to fight back against a bullying boss.  Then she helped a good friend do the same thing.  Then she took her expertise in organizational psychology and wrote a book, "How Organizations Empower Bully Bosses: A criminal in the workplace."In Episode 12 we also introduce a fantastic new resource for people who need help with responding to a bullying boss: The Undercover HR Person!  That's right, our forum stalwart and HR expert, "OnYourSide", is actually named Mary, and Mary is now available to help you with workplace issues too.  If you want help composing a letter to your boss, filing out a complaint form, preparing a timeline to use when meeting with HR, or completeing FMLA forms -- then Mary is the perfect resource for you.You can contact Mary here: mary@undercoverlawyer.comYou learn more about Marilyn Veincentotzs here: http://www.dorightatwor

In this episode of the Hostile Workplace Podcast we are very pleased to feature an interview with Dr. Ben Leichtling, who has written a book and published a DVD set on living bully free in all aspects of life, including work.Dr. Leichtling was so generous with his time that we couldn't fit all of his helpful insights and ideas into the podcast, but it was simply too good "to leave on the cutting room floor".So even more of this interview is available on the Members-Only Forum, which is just $1 for the first month (and no further obligation).  You can join the Member Forum here: http://undercoverlawyer.com/amember/signup.phpThe Quick Tip a site where you can rate your boss, and check to see if you potential new boss has been rated by his or her employees.  The site is: http://www.ebosswatch.com/Find even more helpful info from Dr. Leichtling at his site: http://www.bulliesbegone.com/

Main Segment In the Main Segment of Episode #10 we tackle the issue of "Bully Bosses Who Forbid Bathroom Breaks."  This craziness happens much more frequently than you may think.  Can you guess who the primary victims are? #1 Spanish radio station in Miami The radio show I mention during the show is 98.3.  My thanks to Frank, the Undercover Lawyer community member from Miami who got the book and called in to 98.3 to talk about it.  Thanks Frank! All Spanish UCL Site Now Launched: www.demandas-empleos.com New Segment -- The Q & A: We also debut a new segment in Episode #10, the Q&A.  In you have a legal question about work that you think other listeners would be interested in, send it to me at: UndercoverLawyer@Gmail.com.  Better still, ask the question in you own voice by using the comment line: (360) 450-5750.  Call in, leave your question, and you may hear your voice on the next episode of the podcast! The Quick Tip: This week's Quick Tip is about safe internet surfing at work.  The reso

In Episode #9 the Undercover Lawyer (Curt K.) reveals 10 things that bosses do to their employees that cause hostile work environment lawsuits.  This is explosive information that big business pays top dollar for; Curt himself regularly charges companies $1,000+ for "How Not to Get Sued" seminars that cover this same material!  But now you get it for free, plus Curt's explanation of how employees can use this information for their advantage.In the Quick Tip Curt covers how the new Federal Bailout Program includes money that you get right now if you've lost your job.  Its the COBRA subsidy, so that you pay only 35% of your insurance premium to maintain health benefits after leaving a job, instead of having to pay 100%.  You can get more info here: http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTMLAlso, the Spanish version of Work Laws Exposed is now available for purchase: http://www.undercoverlawyer.com/libro-espanolAnd the most exciting news, the Members Only Private Forum of the Undercover Lawyer Academy

Have you ever wished that you could sue your bully of a boss?  This episode is about a hospital employee named Joseph Doescher who did just that.The Bully-Boss SurgeonDoescher's "boss" was a cardiovascular surgeon named Dr. Daniel Raess.  Dr. Raess behavior included yelling, screaming, and swearing at Doescher with "clenched fists, piercing eyes, beet-red face, [and] popping veins."  The incident that prompted the lawsuit ended with Doescher believing that Dr. Raess was going to hit him, but at the last second Dr. Raess screamed "You're finished, you're history" and he stomped out of the room.The Anxiety Stricken EmployeeFor his part, the employee Doescher reported that Dr. Raess' bullying damaged Doescher's ability to do his job, his ability to interact with his wife and family, and caused him to suffer from anxiety.  Doescher was even diagnosed with a "major depressive disorder," a "panic disorder," and an inability to focus. The "Bullying Expert," Dr. Gary NamieThis lawsuit went all the way to the Indiana

In Episode #7, we discuss how your boss can be liable to you for creating a hostile work environment based on age.  The main example we cover is Elizabeth Parks v. Lebhar-Friedman, Inc., 2008 WL 4449345 (SDNY) (Oct. 2, 2008).Parks' employer, Drug Store News, made some key mistakes that your employer is probably making, too.Also, the resource discussed in the quick tip is at:  http://creditcard.westlaw.com/.Finally, we have an exciting announcement about exciting new features coming to UndercoverLawyer.com.

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 if you decide to leave.  Negotiating a severance would also apply to anyone who is facing layoffs at their company. Tips 1-3:Fight Back by utilizing protected classes and turning the tables on your supervisor.Tips 4-7:Slow the Process Down by knowing all your due process rights and using all of them.Tips 8-10:Even if You Decide to Leave, don't just walk away; you have the power to get something out of the company, and ease your transition to your next (better) job.The ever-popular "Quick-Tip" feature comes straight from our forums.  A community member who is facing termination at his own job has a great tip for anyone dealing with an abusive boss.

Episode #5 features a listener interview with Vicki, who fought tooth and nail against disability discrimination to keep her job.  She also has learned a lot about filing for FMLA leave and filing with the EEOC.  Anyone facing these same issues can learn from Vicki's story.The Quick Tip for this episode is an update on the subject of Male to Male sexual harassment.  New cases are being filed against restaurants you've heard of.Finally, the Hostile Workplace Podcast now has a listener comment line: (360) 450-5750.  After listening to the show call in and let us know what you think of Vicki's story, or call in and share your own workplace story.  You may find yourself on the front page of the iTunes "Careers" section!

Michell and Dan began their working relationship as friends.  Dan supervised a group of 8 employees; 7 young men plus Michelle.  Michelle was only 21. Before work each morning, however, she had to drop off her young son at her mother’s house.  As a result, Michelle often arrived between 5 and 15 minutes late. But Dan was sympathetic to Michelle’s struggles as a single mom.  He was the only other person at work with children.  Plus, how could you not like Michelle?  She worked hard, she was cute, and she could talk “like one of the boys.”  In fact, sometimes she made the boys blush! Yet, little voice in the back of Michelle’s head kept telling her that the crude sex talk at work wasn’t something to be proud of.  In fact, she admitted to herself that she wouldn’t want her son talking like this.  But Michelle never spoke up… until one day when one of the guys said something so crude and disgusting that even she couldn’t take it any longer… Listen to the podcast to hear how Michelle and Dan’s relationship c

<!-- @page { size: 8.5in 11in; margin: 0.79in } P { margin-bottom: 0.08in } --> Episode #3 of the Hostile Workplace Podcast, by the Undercover Lawyer Announcements In epsisode three I mentioned that you can follow me on Twitter. In you are not familiar with it, Twitter is a “micro-blogging” site, where people can post short, text message length updates about what they are doing each day. You can see it for yourself at www.Twitter.com . My username on Twitter, if you would like to follow me, is “Undercover_Lawr”. Quick Tip For the Quick Tip, we talked about how employees have zero expectation of privacy for anything done with their work computer, or their work network (like signing in from home – still utilizes work network) Feature Segment – Straight Male to Straight Male Sex Harassment Oncale v. Sundowner Offshore Services, Inc. 523 U.S. 75 (1998) Facts of the Case Joseph Oncale, a male, filed a complaint against his employer, Sundowner Offshore Services

In The Hostile Work Place Podcast, Episode #2, we discuss the most explosive of work subjects, sexual harassment.  During the show we explain how the U.S. Supreme Court recognizes two types of sexual harassment:Quid Pro Quo (latin for "something traded for something")Hostile Work Environment based on sex We also explain how you can evaluate whether or not an action can be considered sexual harassment by using the idea of "unwelcomeness".If unwelcomness is established, a court will look to four factors to evaluate whether a hostile work environment based on sex exists.  Those four factors are:Frequency of the offensive conductSeverity of the offensive conductWhether the offensive conduct was physically threatening or intimidatingWhether the offensive conduct interfered with the performance of your job duties The case where these four factors were discussed most recently is Reeves v. C.H. Robinson Worldwide Inc. (April 28, 2008).The two U.S. Supreme Court cases mentioned in the show are Burlington v. Ellerth

In episode #1 we discuss how in the current economy terminations and layoffs are increasing, but poor performance is often not the reason used to select who is let go and who is not.We discussed the forum posting contest for the Month of July 2008, where the top three posters to the forums at http://www.UndercoverLawyer.com will win either an Apple iPhone (3G), an iPod Shuffle, or an iTunes gift certificate.  All three top posters will also win a copy of one of the Undercover Lawyer's books about work law, such as "Work Laws Exposed".Finally, we refer to the article "10 Signs You are Bullied at Work" which is at UndercoverLawyer.com.  This article prompted a reader named Randall to write in with his compelling story, which became the main feature of Podcast #1.  You can read the article at: http://www.undercoverlawyer.com/archives/13.