Employee Survival Guide®

Could the very tools designed to enhance our productivity in the workplace be silently shaping a future of bias and invasion of privacy? Join me, Mark, as we delve into the profound impact AI is having on employment, from the boardroom to the break room. Along with insights from industry consultants, we unpack the transformative effects on hiring practices, highlighting the unseen biases lurking within AI algorithms. We confront th...

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 be...

Could your company's efforts to foster diversity be paradoxically fueling discrimination? Unpack the complexity of corporate DEI programs with us, as we scrutinize their waning popularity and the alarming suggestion that these well-intentioned initiatives might actually be nurturing a new kind of racism and reverse discrimination. In an era where affirmative action and its ripple effects are under the Supreme Court's micr...

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 pr...

Could an algorithm determine your career future? We're peering into the transformative world of AI-driven employee performance reviews, dissecting the complexities and the concerns they introduce into the workplace. This episode takes a hard look at the implications of replacing traditional performance evaluations with AI's continuous feedback loop, as highlighted by the Wall Street Journal. There's a lingering quest...

Have you ever been thrust into the bewildering maze of disability claims? Fear not, because Mark is here to guide you through this critical journey. On today’s episode is a comprehensive roadmap of the ERISA disability claims process, where Mark unravels the intricacies of both short-term and long-term disability benefits. Each step, from the initial claim to the potential transition to long-term benefits, is packed with nuances an...

Discover the seismic shift in whistleblower protections as we trace the footsteps of Trevor Murray, the former UBS employee whose courage has carved a new path in the legal jungle. This episode is a treasure trove of insights for anyone standing at the crossroads of ethical decisions in the workplace, offering a guiding light through the murky waters of corporate fraud and employee rights under the Sarbanes-Oxley Act. With the rece...

Ready to discover the untapped benefits of creating menopause-friendly workplaces? Buckle up as we take you through the enlightening findings of Bank of America's study on menopause in the workplace. We uncover the critical need for employers to address the challenges faced by women going through this life-changing phase. By ignoring this key issue, companies not only fuel gender inequality but also risk financial losses. In o...

In this episode I discuss why performance reviews do not work and why employers are to blame.  Changing the name doesn't change the game! We confront the rising trend of replacing 'performance reviews' with softer terms like 'feedback' and 'feed forward.' Drawing on my own experiences as an employment attorney, we discuss the distinct lack of effective training for managers and the resulting damag...

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 reasonab...

The Earth shifted beneath our feet on May 30, 2023, when the National Labor Relations Board (NLRB) General Counsel declared non-competition agreements illegal. This is a game-changer, folks! Our discussion centers around the key reasons why this legal opinion packs the punch of law, the crucial role of administrative deference, and the jurisdiction of significant federal agencies like the NLRB. We also trace the ripple effects of t...

In this episode of the Employee Survival Guide, Mark addresses one of the worst possible sexual harassment and sexual assault stories that has ever occurred in the workplace. Mark interviews veteran news reporter and author Susan Antilla, NYTimes and Insider, who broke the story.  It is just shocking what happened to Renee Zinsky and other women who worked for this employer.  

The case is captioned as Renee Zinsky v. Micha...

In this episode of the Employee Survival Guide, Mark addresses the games employers play with employees.  Mark recently had two consultations with perspective clients and wanted to share the insights he shared with both individuals to help each person understand the games their employers were playing with them and what they could do about it to persuade the employers to pay them increased severance.  Mark provides an overwhelming am...

In this episode of the Employee Survival Guide, Mark addresses the taboo issue of the effects of menopause and working.  Over half of all employees are women and half of them are at an age where they are experiencing perimenopause and menopause.  Mark raises the issue that employers need to do more to accommodate women going through this transition. That the underlying medical and psychological issues that comprise menopause are in...

In this episode of the Employee Survival Guide, Mark addresses the issue of oversharing at work.  He explores the pros and cons of oversharing. Obviously, oversharing can be damaging to other employees, i.e. mental nervous conditions and coworker abuse, a sexual harassment comment or ageist comment. But oversharing can also be used as a tool to set up your employer and protect your rights, causing your employer to go on the defense...

In this episode of the Employee Survival Guide, Mark attacks the DEI initiative and argues that employers just do not want any DEI initiatives to succeed because it is bad for business.  Mark wastes no time blaming employers for the DEI fiasco now experienced by employees nationwide. 

Links to sources in the podcast episode:

https://www.patreon.com/profvrandall?utm_medium=clipboard_copy&utm_source=copyLink&...

In this episode of the Employee Survival Guide,  Mark discussses the recent federal government action to provide millions of working Americans new Freedom of Speech rights at work by banning pre and post dispute confidentiality agreements and nondisparagement agreements in severance agreements employees receive when they are terminated. The new rules apply to both private sector employees and unionized employees.  This is a huge de...

In this episode of the Employee Survival Guide, Mark prepares your layoff first aid kit and instructs you about what should go into it.  He will discuss (10) ten steps you need to run through when you receive your layoff notice and severance agreement.   Mark offers quick advice from years of handling severance negotiations for thousands of clients.  There is a method and you need understand it to maximize your financial severance ...

In this episode of the Employee Survival Guide, Mark confronts and explains one of the most overused and most misunderstood employment law phrases out there.  What is a hostile work environment anyway?  Mark wants to end the confusion once and for all. After you listen to this episode you will know what is and what is not a hostile work environment.   

Links mentioned in the show:
https://www.shrm.org/resourcesandtools...