Employee Survival Guide®

In this episode of the Employee Survival Guide, Mark explores the recently enacted federal ban on predispute nondisclosure agreements regarding sexual harassment and sexual assault in the workplace. The Speak Out Act bans or voids any and all predispute agreements from prohibiting anyone for complaining about sexual assault and sexual harassment.  These agreements are not to be confused with severance, settlement agreements- so cal...

In this episode of the Employee Survival Guide Mark discusses what things you can take and not take with you after being laid off or terminated for cause.   There is a common misperception among employees about what exactly an employer owns. Mark explains that work for hire means anything you do for the employer belongs to the employer. Many employers make employees sign Nondisclosure and Confidential Agreements to protect company ...

In this episode of the Employee Survival Guide, Mark addresses the important topic of healthcare claim denials because the medical treatment is deemed by the health insurance carrier as "Not Medically Necessary".  This is the state of healthcare insurance practice across the country and employees are not being told a thing about this practice of claim denials- until now. 

Mark is an ERISA benefits attorney, as we...

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.  Yo...

The U.S. Government reports that individuals who have “recovered” from Covid-19 do not have a physical disability under federal disability discrimination laws. However, this conclusion is not accurate, and you need to know why.

In an Article on November 18, 2022, I reported that 60% of the U.S. population, 191 million people, have a disability called either Long Haul Covid-19 or “Recovered” from Covid-19. The following information w...

In this episode of the Employee Survival Guide, Mark discusses the following.  In an anticipated and crushing blow to all employers nationwide, the Federal Trade Commission (FTC) on January 5, 2023 issued a proposed rule that would forever ban noncompetition agreements in employment for an estimated 160 million working Americans. Employees have suffered needlessly for far too long under these oppressive and one sided employment agr...

In this episode of the Employee Survival Guide, Mark dives into listener questions regarding retaliation claims.  Mark analyzes three real life fact examples and provides you with immediate triage analysis of what he would do in each case.  You will quickly pick up "pro tips" from Mark and incorporate them into your own situation at work.  

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In this episode of the Employee Survival Guide, Mark answers questions from listeners regarding the Family Medical Leave Act (FMLA).  Mark will provide a factual example based on an employee's real life circumstance and he will interpret the potential play by play about what can happen in the case.  These are short fact examples intended to help you familiarize yourself with various aspects of the FMLA so you can spot the issu...

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 r...

In this episode of the Employee Survival Guide, Mark discloses the unspoken impact of the pandemic. The following statement is going to surprise you.  There are an estimated 191,796,906 people living in the U.S. who have a disability called Covid-19. (The CDC has reported that 61 million adults in the U.S. live with a disability, but it is unclear if this number includes Covid-19 infections).  This includes both individuals who hav...

This is an interview style episode: 

The Surgeon General recently released an extensive report on the state of workplace health and well-being that was not very favorable to employers. The report emphasized the chronic stress that is prevalent in workplace culture, and employees are paying the price. Chronic stress from the work environment can have a myriad of physical and health consequences. 

On the podcast, I ...

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 rig...

In this episode of the Employee Survival Guide®, Mark discusses Marijuana Laws and the American Workplace.  Mark explores the proliferation of states legalizing marijuana (aka "weed") and the interplay of medical and recreational weed use among employees.  He explores whether or not employers can ban weed use on and off the clock.  Mark discusses workplace safety and how that changes the dynamic of medical and recreationa...

In this episode of the Employee Survival Guide®, Mark discusses How Managers Can Help Quiet Quitters.  He offers a few simple yet concise considerations to aid managers to help all employees, not just quiet quitters.  Managers should avoid toxic work environments, provide transparent communications, avoid the dictator mentality, and requiring employees to do less work than more.  Mark closing comments to managers and executives is ...

In this episode of the Employee Survival Guide®, Mark discusses the causes of quiet quitting and lays direct blame on employers themselves.  Employers have long instituted anti-employee rules and implemented employer favored laws, but employees now have the advantage.  Quiet quitters cannot stand the current corporate work establishment and want something drastically different for themselves and I suspect everyone who works.  Mark ...

In this episode of the Employee Survival Guide®, Mark discusses the continuous pay disparity among female and male employees.  Mark shares two recent studies that support the conclusion that women earn 80 cents on the dollar in comparison to men.  He explores several explanations for the cause of the pay disparity.  Mark advocates that the facts speak for themselves- men do not want women to be paid equally.  Employees 30 years and...

In this episode of the Employee Survival Guide®, Mark discusses that when 2022 recession wave begins to batter your employment status, do you have a plan to bail yourself out of the mess? Specifically, are you planning on receiving severance benefits via a company sponsored severance plan or are you going to build a case against your employer challenging the reason(s) for the termination and attempt to negotiate a settlement? Mark ...

In this episode of the Employee Survival Guide®, Mark discusses how employees are losing a big opportunity to change work forever.  Employers are rolling back remote working and job flexibility in favor of the old school employment practices from the "before time".  Mark claims employees are not standing up for themselves against employers.  This is a critical moment in history for all employees right before we slam into ...

In this episode of the Employee Survival Guide®, Mark discusses the law of retaliation discrimination in a thoughtful and nonlegalist way.  Mark will guide you through which actions are illegal and which are not.   He will help you gain a better understanding of retaliation discrimination and how to prove it through self advocacy at work and by using an employment attorney.

This episode was written by Chris Avcollie, edite...