Employee Survival Guide®

Mark Carey

The Employee Survival Guide® is an employees only podcast about everything related to work and working. We will share with you all the information your employer does not want you to know about and guide you through various work and employment law issues.
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 27 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.
The Employee Survival Guide® podcast is just different than other lawyer podcasts! This podcast is for employees only because no one has considered conveying work and 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.
Subscribe to our show in your favorite podcast app including Apple Podcasts, Stitcher, and Overcast.
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If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Thank you!
For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at [email protected].
Also go to our website EmployeeSurvival.com for more helpful information about work and working.

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Top 10 Employee Survival Guide® Episodes

Goodpods has curated a list of the 10 best Employee Survival Guide® episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Employee Survival Guide® for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Employee Survival Guide® episode by adding your comments to the episode page.

Carol Tomka's Battle: Confronting Sexual Assault and Harassment in the Workplace

Employee Survival Guide®

03/19/24 • 54 min

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Can you imagine facing a nightmare in the very place meant for professional growth? Carol Tomka's story, set nearly three decades ago, echoes the chilling experiences that, unfortunately, still resonate in today's workplaces. This episode brings to light the harrowing journey of Carol, who suffered sexual assault and harassment within the confines of her job at Sieler's Environmental Services. Your ears won't believe the denial and legal wrangling that ensued as we walk through the painful reality many face in silence. It's a grim reminder of why the fight against workplace sexual assault and harassment is far from over.
As we navigate the complexities of employer liability, Robert Bowe's investigation, and Sealer's internal decisions, we confront the sobering legal battles Carol endured. The courtroom became a battleground for defining the liability of employers under Title VII, with the Second Circuit weighing in on Sealer's responsibilities. This chapter of Carol's saga isn't just about the legalities; it's a crucial discourse on the mishandling of boundaries in professional settings. Listeners will gain a deeper understanding of the legal framework and the ever-important issue of maintaining respect and safety in the workplace.
Lastly, we dissect the legal twists in Tomka's case, scrutinizing the alleged retaliatory discharge and the role of trial in such disputes. This episode doesn't just recount the facts; it delves into the human aspect—the impact of employer actions on an individual's career and the complex dance of proving discrimination in court. By revisiting the Second Circuit's reversal and the settlement that followed, we stress the importance of clear definitions when it comes to supervisor roles and the conditions they create. Join us in a thought-provoking exploration that aims to arm employees with the knowledge to confront and overcome workplace challenges.
Link to Case Decision: Tomka v. Sieler Corp., 2d Cir.
https://caselaw.findlaw.com/court/us-2nd-circuit/1321133.html

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.

Texas Court Blocks FTC Ban on Noncompete Agreements But the FTC Rule is Not Dead Yet

Employee Survival Guide®

08/26/24 • 10 min

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Are non-compete agreements holding back American workers? Join me, Mark, for a deep dive into the FTC's groundbreaking rule banning these contentious clauses and the fierce legal battles ignited by it. We'll dissect the pivotal Texas court decision that seeks to block the rule and its far-reaching implications for millions of employees. Understand how the Administrative Procedure Act and conflicting judicial opinions from Texas and Pennsylvania are shaping this debate, and what it all means for the upcoming presidential election. We'll also explore the economic consequences for employers and why the rule's enforcement date of September 4th, 2024, is crucial, pending appellate and Supreme Court reviews.
But that's not all. We also tackle the issue of default management agreements that unduly control employees' financial and income affairs. Discover why these agreements are so problematic and how the FTC's new rule aims to protect worker rights. Take a look at Silicon Valley as a shining example of how businesses can flourish without restrictive non-compete clauses. This episode is packed with critical updates and insights that will keep you ahead of these evolving developments. Don’t miss out on this important and timely discussion!
Links Mentioned in Episode:
Ryan LLC v. FTC (Texas decision)
FTS Tree Service v. FTC (Pennsylvania decision)

Job Loss, Grief, and Professional Identity

Employee Survival Guide®

02/20/23 • 17 min

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In this episode of the Employee Survival Guide Mark tackles job loss, grief, and professional identity. He realized after so many years counseling clients, he had never written about job loss and the grieving process. Mark not only provides the steps for healthy grieving a job loss, but he also provides examples from former clients. Job loss and grief of losing your job must be better understood and talked about more openly. You will get that insight here.
Here are the links to the Sources used in this episode:
https://www.tandfonline.com/doi/epdf/10.1080/10615806.2019.1619703?needAccess=true&role=button
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9354410/1
https://www.vumc.org/health-wellness/news-resource-articles/stress-and-job-loss
https://www.tandfonline.com/doi/epdf/10.1080/10615806.2019.1619703?needAccess=true&role=button
https://www.vumc.org/health-wellness/news-resource-articles/stress-and-job-loss
https://capclaw.com/contact-us/
The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.

Pay Transparency Is Your Right At Work! #SayYourPay

Employee Survival Guide®

10/28/22 • 11 min

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In this episode of the Employee Survival Guide Mark Carey, an employment attorney, discusses your right to pay transparency at work. #SayYourPay
It is not surprising that a large number of American workers (around 50% of all employees according to some recent surveys) including managers incorrectly believe that you can be disciplined or even terminated for discussing employee wages. In fact, employees have the legal right to voluntarily discuss their wages with each other pursuant to Article Seven of the National Labor Relations Act (NLRA). This law has protected this right since 1935!
State law and local jurisdictions have more recently enacted laws that make it illegal for private sector employers to discriminate against employees for discussing compensation. California, Colorado, Connecticut, Delaware, Maryland, Nevada, Rhode Island, South Carolina and Washington have enacted such laws in recent years. New York City and several other major cities have followed suit. All of these laws seek to expand the existing protections against pay discrimination under the Equal Pay Act of 1963.

These state and local laws generally impose an affirmative duty on employers to disclose pay ranges for positions when requested by employees or prospective applicants. Generally, these laws require employer disclosure of salary ranges for a position at time of hiring, when an employee changes positions within the organization, or upon request. Colorado and New York City actually require that disclosure of pay ranges be included in all job postings!

This episode was written by Chris Avcollie, edited by Matt Zako, and produced by Mark Carey. This topic invo

Two Wins for Pregnant and Working Moms

Employee Survival Guide®

10/10/23 • 22 min

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What if there were laws to protect the rights of pregnant and nursing mothers at work? Well, get ready to expand your knowledge on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) that set the pace for better treatment of working mothers. Join us on this enlightening journey as we unravel the intricacies of these acts that mandate employers to provide reasonable accommodations to pregnant and postpartum workers, and ensure nursing mothers get ample break times and a private space to express breast milk. We'll delve into the key victories these laws represent for an overwhelming 9 million nursing mothers in the workplace- a ray of hope in the daunting task of juggling motherhood and work.
Our conversation doesn't end there. We'll dig deeper into how you, as a working mother, can leverage these acts to your benefit. From the importance of written requests for accommodations to maximizing protections through interactive processes, we've got you covered. However, it's not just about knowing your rights, it's also about holding employers accountable. So, we also shed light on the process of filing a complaint for non-compliance. Moreover, we put a spotlight on the urgent need for comprehensive paid leave policies in the US, to ensure that no mother has to choose between her job and her newborn. Wrapping up, we touch on a crucial yet often overlooked aspect of a successful business - employee engagement, loyalty, and trust. So get ready for an insightful episode packed with practical advice, informative discussions, and thought-provoking conversations about the world of working moms.
Links:
Providing Urgent Maternal Protections for Nursing Mothers Act
Filing Complaint under PUMP Act
Pregnant Workers Fairness Act
Filing Complaint under PWFA
2019 PEW Research Report: Among 41 countries, only U.S. lacks paid parental leave
NYTimes Article:

An Extreme Hostile Work Environment Case: The Billie Banks vs. General Motors Story

Employee Survival Guide®

03/02/24 • 57 min

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Embark on a legal journey that cuts to the core of workplace ethics as we dissect the Billie Banks vs. General Motors case, a paramount lawsuit that challenges our understanding of race-based discrimination and hostile work environments. This episode lays bare the incidents of racial taunts and sexual harassment that Banks endured, exploring the employer's inadequate response and the subsequent legal battles that ensued. We promise to guide you through the complexities of the law, the precedents that shape court decisions, and the nuances of retaliation, disparate treatment claims, and what truly constitutes a hostile work setting.
Hear the harrowing tale of Banks's struggles with General Motors—a narrative that exposes the dark side of corporate America and the challenges of disability leave. As we scrutinize the suspension of benefits and the questionable psychiatric evaluations Banks faced, we highlight the bitter realities of discrimination in the workplace. Banks's story isn't just a legal case; it's an eye-opener on corporate missteps , hostile work environments and their dire consequences on an individual's career and well-being. This chapter offers an unflinching look at the personal toll exacted by workplace discrimination and the uphill battle for justice and respect.
Our final act pulls back the curtain on the legal labyrinth that Banks navigated in her pursuit of vindication. Analyzing the district court's initial rulings, the pivotal reversal of the hostile work environment claim, and the Supreme Court's perspective on discrete acts of discrimination, we illustrate the concrete implications for employees like Banks. Join us as we evaluate the continuing violation doctrine, the critical timing for filing discrimination charges under Title VII, and the profound impact of judicial interpretation on workplace hostility—ultimately reinforcing the importance of these legal concepts for employees.
Case Update: On February 8, 2024, the U.S. District Court for the Western District of New York reported the parties had reached an undisclosed settlement. A resolution that took ten years!! Obviously, the facts did not look great for the defendant before trial which was to start on July 12, 2024.
Link to Court Decision:
https://law.justia.com/cases/federal/appellate-courts/ca2/21-2640/21-2640-2023-09-07.html

Employers Are Still Pushing Arbitration of Sex Discrimination Cases in Violation of Federal Law

Employee Survival Guide®

06/03/24 • 19 min

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Can employers really push for arbitration in sex discrimination cases, flouting federal laws? Join me, Mark, as we dissect this pressing concern and shed light on the ramifications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Signed into law by President Biden, this legislation was supposed to be a beacon of hope, but in reality, many employers and their legal teams continue to demand arbitration, blatantly violating the law. We'll also unravel the expansive definition of sexual harassment under the Act, which covers all forms of sex-based and gender-based discrimination, including sexual orientation and pregnancy discrimination. Through my personal encounters and legal confrontations, I underscore the importance of understanding and asserting your rights.
The hidden complexities and inherent pitfalls of arbitration often turn it into a daunting ordeal for employees. Corporations are not shy about leveraging arbitration to protect bad actors and manipulate outcomes in their favor. This episode is your guide to recognizing these corporate tactics, so you're better equipped to navigate these challenges. By staying informed and vigilant, we can collectively challenge unlawful practices and ensure that justice prevails. Tune in to gain the knowledge and empowerment you need to protect your rights in the workplace.
Links:
https://capclaw.com/how-to-manage-sexual-harassment-cases-after-the-federal-ban-on-forced-arbitration/
https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2022cv06669/584300/70/

Employment Tips From A Manager: Becoming a Great Employee

Employee Survival Guide®

04/27/21 • 8 min

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In this episode of the Employee Survival Guide, Mark shares important tips from a manager on how to become a great employee. These tips are gathered from real life employment law cases Mark has litigated and from his years managing employees at his office. The tips include the following:
Treat Every Work-Day Like It Was Your First Day on the Job

Bad Habits and Practices Are Always Discovered

It's Still a Privilege to Work for a Company

Don't Discriminate

When Your Boss Gives You a Goal, Don't Assume it is the Ceiling--it may be the floor
You're An Adult, Act Like One at Work
Additional Links to further information mentioned in the podcast:
https://www.franklincovey.com/the-7-habits/
https://www.amazon.com/Designing-Your-Life-Well-Lived-Joyful/dp/1101875321/ref=pd_ybh_a_32?_encoding=UTF8&psc=1&refRID=6APPH8VD2FYF70NP0KMB
https://www.psychologytools.com/resource/fight-or-flight-response/#:~:text=Information%20Handout,body%20to%20fight%20or%20flee.
https://en.wikipedia.org/wiki/Golden_Rule
Listen to the Employee Survival Guide podcast latest episode here https://capclaw.com/employee-survival-guide-podcast/
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts.
For more information, please contact Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.

December 2022 Layoffs, Recession and Severance Tips

Employee Survival Guide®

12/18/22 • 11 min

Comment on the Show by Sending Mark a Text Message.

In this episode of the Employee Survival Guide, Mark discusses the recent layoffs in 2022 and how he predicts a recession is already underway. He then provides helpful information about how to handle the severance negotiation with your employer without using an employment attorney. Mark has provided the following links to help you learn about severance negotiation so you can handle your own negotiation. As a holiday gift to the recently departed/severed, Mark has done all the homework for you and placed all the information you need in our blog posts (HERE and HERE) or our Employee Survival Guide Podcast (3rd Season). Enjoy the freemium!
If you want a pdf copy of the EEOC Affidavit template, send Mark an email through his website below and he will send it to you- for free! If you need an employment attorney, please do not hesitate to contact us at Carey & Associates, P.C. HERE!
The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.

How to Manage Sexual Harassment Cases After the Federal Ban on Forced Arbitration

Employee Survival Guide®

04/12/22 • 6 min

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In this episode of the Employee Survival Guide®, Mark discusses the March 3, 2022 federal nationwide ban on forced arbitration in sexual harassment and sexual assault cases in employment. Previously employers covered up sexual harassment cases behind confidential arbitration proceedings; the public never had a chance to discover the bad actors and their twisted view of reality. This marks a turning point in every employee's ability to control employer's behavior when they confront sexual harassment in the workplace. Mark walks you through several important tips he uses in handling sexual harassment claims in the wake of this new federal law. If you do not listen to this episode, you could be leaving a substantial amount of money on the settlement table and worse, you could let your employer get away with sexual harassment. It's your call.
Listen to the Employee Survival Guide podcast latest episode here https://capclaw.com/employee-survival-guide-podcast/
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts.

For more information, please contact Carey & Associates, P.C. at 475-242-8317, www.capclaw.com .
The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.

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FAQ

How many episodes does Employee Survival Guide® have?

Employee Survival Guide® currently has 91 episodes available.

What topics does Employee Survival Guide® cover?

The podcast is about Society & Culture, Podcasts, Employment Law, Disability, Business and Careers.

What is the most popular episode on Employee Survival Guide®?

The episode title 'Q&A With Mark Carey: Family Medical Leave Act Questions From Listners' is the most popular.

What is the average episode length on Employee Survival Guide®?

The average episode length on Employee Survival Guide® is 16 minutes.

How often are episodes of Employee Survival Guide® released?

Episodes of Employee Survival Guide® are typically released every 12 days, 15 hours.

When was the first episode of Employee Survival Guide®?

The first episode of Employee Survival Guide® was released on Jun 2, 2020.

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Employee Survival Guide®

Mark Carey

Top 10 Employee Survival Guide® Episodes

FAQ

How many episodes does Employee Survival Guide® have?

What topics does Employee Survival Guide® cover?

What is the most popular episode on Employee Survival Guide®?

What is the average episode length on Employee Survival Guide®?

How often are episodes of Employee Survival Guide® released?

When was the first episode of Employee Survival Guide®?

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