The Spiggle Law Firm podcast

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コンテンツは Tom Spiggle によって提供されます。エピソード、グラフィック、ポッドキャストの説明を含むすべてのポッドキャストコンテンツは、Tom Spiggle またはそのポッドキャストプラットフォームパートナーによって直接アップロードされ、提供されます。誰かがあなたの著作物をあなたの許可なく使用していると思われる場合は、ここで概説されているプロセスに従うことができますhttps://ja.player.fm/legal。

<div class="span index">1</div> <span><a class="" data-remote="true" data-type="html" href="/series/action-academy-replace-the-job-you-hate-with-a-life-you-love">Action Academy | Replace The Job You Hate With A Life You Love</a></span>

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Action Academy | Replace The Job You Hate With A Life You Love

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12 hours前12h ago

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Ready to replace your 6-figure salary with real freedom? This is the podcast for high earners who feel stuck in jobs they’ve outgrown. If you’re asking, “How do I actually replace $10K–$20K/month so I can quit and never look back?” — welcome home. At Action Academy, we teach you how to buy small businesses and commercial real estate to create cash flow that actually replaces your job. Monday through Friday, you’ll learn from 7–9 figure entrepreneurs, real estate moguls, and acquisition pros who’ve done it — and show you how to do it too. Hosted by Brian Luebben (@brianluebben), who quit his 6-figure sales role in 2022 to build a global business while traveling the world. If you're a high-income earner ready to become a high-impact entrepreneur, this show is your playbook. Subscribe now and start your path to freedom — or keep pretending your job will get better someday....

The Spiggle Law Firm Podcast

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The Spiggle Law Firm podcast is for people who have been fired or are afraid that they might be. In each episode, you will hear from Tom Spiggle, founder of The Spiggle Law Firm, and another expert in career services or related fields. Each episode, approximately 30 minutes long, will show you how to beat your employer at their own game. We want to help you overcome a career crisis and thrive at work.

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#Careers #Business #Tom Spiggle

The Spiggle Law Firm Podcast

updated 約 1 年前

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60 つのエピソード

#Careers #Business #Tom Spiggle

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The Spiggle Law Firm Podcast

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How Will the Overturn of the Chevron Doctrine Impact Employment Law and Federal Agencies? 17:49

40 weeks前17:49

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17:49

The Chevron Doctrine, a legal precedent for nearly half a century, was recently overturned in a monumental Supreme Court decision. This ruling could radically alter how federal regulations are interpreted and enforced, significantly affecting employment law. The Chevron Doctrine, rooted in the landmark case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), established a two-step process for courts to follow when reviewing a federal agency’s interpretation of a statute that it administers. The doctrine essentially granted agencies the authority to interpret ambiguous statutes, provided their interpretations were reasonable. If the statute was ambiguous or silent on an issue, the court deferred to the agency’s expertise as long as the agency’s interpretation was deemed reasonable. How could this ruling impact employment law decisions? Agencies like the EEOC will likely face more hurdles in enforcing regulations that are not explicitly detailed in statutes. For instance, the Pregnant Workers Fairness Act, which provides accommodations for pregnancy-related issues, including abortion services, might be subject to new interpretations by courts rather than the EEOC. While the Chief Justice noted that the decision does not overturn any prior rulings based on Chevron deference, its implications are profound. Federal agencies like the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and the Federal Labor Relations Authority (FLRA) could see their powers to interpret and enforce ambiguous statutes constrained. This shift may embolden more legal challenges against new rules and regulations, potentially leading to increased litigation and uncertainty. Chapters (00:00) Introduction (01:11) What do court reviews have in common with sports replay reviews? (03:01) What is Chevron deference? (06:30) Why the Supreme Court Overturned the idea of Chevron deference (09:28) How could this decision impact employment law? Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Is Pursuing Your Employment Case Worth It? 9:17

41 weeks前9:17

9:17

When grappling with job loss or a toxic work environment, you likely wonder, "Do I have a case? Should I talk to a lawyer? Fired? Afraid You Might Be? , the latest book from podcast host Tom Spiggle, is your comprehensive guide for navigating employment law issues. In this episode, Tom walks you through how to get the most out of the first section of the book. The book's structure allows flexibility, enabling you to jump directly to the sections most relevant to your situation. While Tom suggests starting with the question, "Do I have a case?”, it’s perfectly fine to begin with other sections like "What is the value of my case?" if that's more relevant to your current situation. Employment law is not always straightforward. Unlike criminal or family law, where the lines are more distinct, the gray areas in employment disputes can be confusing. Understanding if you have a case is the first step in this journey. An informed assessment can help you make better decisions about your career and future. Should you consult with an employment attorney or do some preliminary assessment on your own? By doing your research, you'll be better prepared for a consult with an attorney. Coming in armed with relevant terms, situational context, and preliminary findings will make your interaction more productive. This preparation can make your consultation more efficient, whether it’s a thirty-minute session or a full hour. You’ll be able to provide your attorney with the insights they need to offer you a precise assessment. Chapters (00:00) Introduction and how to use the book (02:24) Determining if you have a case (03:51) Tips for seeking legal advice in employment cases (04:52) Tips for doing your research before consulting an attorney (07:16) Making an informed decision Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Fired? Afraid You Might Be?: Your Resource for Answers, Options, and Next Steps 12:38

42 weeks前12:38

12:38

Are you looking for a guide with insight, options, and next steps to help you through a sticky employment situation? Maybe you’ve been fired recently, or you’re afraid you’ll be fired and need help. Tom Spiggle, founder of The Spiggle Law Firm and host of this podcast, has written the book to help you determine your next steps and weigh your options. Tom’s motivations for writing his book “Fired? Afraid You Might Be?” stem from a need he saw firsthand—many employees are unsure if their workplace issues require legal intervention. Unlike criminal defense or family law, employment law often resides in a gray area. Employees might suffer considerable stress and confusion without knowing if their case is worth legal pursuit. Whether you decide to hire an attorney or handle matters on your own, this book ensures you remain an informed participant in your legal journey. The more you know, the better equipped you are to make crucial decisions that align with your goals. Legal battles can be lengthy, expensive, and packed with uncertainty. Tom stresses the importance of having realistic expectations. Legal victories are celebrated, but losses are also part and parcel of the journey. Understanding this before you invest time, money, and effort is imperative. The ultimate aim of “Fired? Afraid You Might Be?” is to serve as a guiding light for those at a professional crossroads. Whether you choose to battle it out in court or find an amicable resolution, being well-informed is key to taking the next step. The book is available on Amazon.com and the Spiggle Law Firm’s website. If financial constraints are an issue, we will send you a free electronic copy upon request. We will explore the essential chapters of the book in upcoming episodes. Whether you’re at the beginning stages of considering legal action or deep into litigation, our goal is for you to feel empowered and informed every step of the way. Chapters (00:00) Introduction to why Tom wrote “Fired? Afraid You Might Be?” (02:05) Determining if you have a legal case worth pursuing (04:53) What does the process of working with an attorney look like? (08:19) Risks and rewards of taking legal action Get Tom’s New Book https://www.amazon.com/gp/product/B0CS4RYRWN?ref_=dbs_m_mng_rwt_calw_tkin_1&storeType=ebooks&qid=1720453572&sr=8-1 Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Avoiding Pitfalls in Federal Sector Litigation: How to Prepare for an EEOC Judge 23:54

43 weeks前23:54

23:54

Getting to the point where an EEOC judge is assigned to your case is a significant milestone in federal sector litigation. What happens next? Louise Ryder, a senior attorney with The Spiggle Law Firm, is here to continue our series on navigating federal sector litigation. The EEOC process is complex and laden with procedural requirements that require strategic thinking. From the initial conference to the extensive discovery phase, understanding each step's intricacies, costs, and potential benefits—such as early settlement opportunities—can significantly impact a case's outcome. Being well-prepared and informed about these processes is crucial for navigating federal sector litigation successfully. Once assigned to an EEOC judge, the first significant step is the initial conference. Louise details what to expect and how to prepare for this initial conference. The judge will discuss what has already been covered in the Report of Investigation (ROI) and what additional discovery is needed to build a robust case. This includes interrogatories (questions posed to the other party), requests for documents, and requests for admissions (statements the other party must admit or deny). One of the distinctive aspects of federal sector EEOC litigation is the active role of the judge in managing the case. Unlike in federal district court, where judges often set broad parameters and leave the details to the parties, EEOC judges might dive deep into specific issues, which can help streamline the process and reduce litigation costs. Chapters (03:24) Clarifying claims and issues (05:24) How discovery works differently in the EEOC compared to federal court (07:10) What to expect from your EEOC judge (10:04) Timelines and extensions (12:14) Settlement discussions (17:22) Time and cost estimates for this phase of litigation Listen to more episodes from the Federal Litigation Process series here https://sites.libsyn.com/473667/category/Federal+Sector+Litigation+Process Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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The Fork in the Road: Choosing Between a Final Agency Decision or an EEOC Hearing 19:50

44 weeks前19:50

19:50

This episode continues our series on federal sector litigation. Today's focus is understanding the fork in the road after the investigative phase. Learn more about your options at this stage of the process. After receiving the report of investigation (ROI), you have two options: request a Final Agency Decision (FAD) or opt for a hearing before the Equal Employment Opportunity Commission (EEOC). Should you trust the agency to deliver justice or take your chances with the EEOC? Senior Attorney Louise Ryder walks us through this critical juncture in federal sector litigation. Gather the insights you need as we outline the choice between pursuing a Final Agency Decision or heading toward the Equal Employment Opportunity Commission (EEOC) and what each path entails. If you've ever wondered what happens after filing an employment complaint, this episode is your guide! Louise explains what a Final Agency Decision (FAD) entails and why she doesn't usually recommend it. Learn why opting for a FAD is the cheapest route initially but comes with significant risks, including the slim chance of the agency admitting any wrongdoing. This episode is an essential guide to the next steps after an investigation. Your future might just depend on it. Chapters (00:00) Introduction of options - choosing a final agency decision or going the EEOC route (01:23) Risks associated with accepting the Final Agency Decision (FAD) (05:29) Opting for the EEOC hearing (09:10) Federal court or EEOC? (12:59) Benefits of EEOC judges Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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A Guide to Protections and Accommodations Under the Pregnant Workers Fairness Act 14:45

45 weeks前14:45

14:45

How did a recent WNBA game inspire an episode about the Pregnant Workers Fairness Act? Zachary Aman, an attorney with The Spiggle Law Firm, was watching a WNBA game when an injury report graphic splashed across the screen. He saw the usual ailments—Achilles tendons, knee injuries—but then something caught his eye. Nestled amidst the injuries are two startling words: "Baby" and "Baby." In this episode, Zach uses this sports graphic to introduce the profound implications of the Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act (PFWA) became effective in June 2023. Before this Act, pregnant workers had to navigate a confusing labyrinth of Title VII and the ADA, often finding themselves without adequate protection or accommodations. The PFWA now mandates that covered employers provide reasonable accommodations for pregnancy, childbirth, or related medical conditions, except in cases where it would cause undue hardship to the employer. In this episode, you’ll learn the specifics of the act's provisions, how it aligns with the ADA yet strides forward with unique stipulations, and what this means for employees and employers. On April 15, the EEOC issued its final rule on how it would regulate the PWFA. That rule goes into effect on June 18, 2024. So, while the EEOC is already taking cases under the act, they now have a rule that employers employees can look to for guidance. Zach and Tom break down the new EEOC rules and how they impact your rights and responsibilities. Chapters (00:00) What is the Pregnant Workers Fairness Act (03:42) How the PFWA bridges the gap in previous legislative acts (04:59) The PFWA only applies to accommodations, not discrimination (09:55) How the PFWA differs from the ADA Links and Resources Mentioned https://www.eeoc.gov/ https://www.eeoc.gov/statutes/pregnant-workers-fairness-act Work Life Law https://worklifelaw.org/ Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Workplace Harassment: Updated Guidance from the EEOC 11:26

46 weeks前11:26

11:26

Workplace harassment is an issue that affects countless individuals daily, imparting a significant emotional and psychological toll. While many may recognize the discomfort and unease caused by certain behaviors, discerning whether such actions are illegal can be challenging. Samantha Vanterpool Rucker, an attorney with The Spiggle Law Firm, joins Tom to discuss the newly issued guidelines from the Equal Employment Opportunity Commission (EEOC) that offer clarity on harassment matters. The episode kicks off by addressing the common misconception that all forms of bullying and harassment in the workplace are illegal. While unethical and unhealthy, not all forms of harassment meet the legal threshold. What does? The EEOC has established clear guidelines distinguishing general workplace harassment from actionable harassment. This guidance breaks down these categories using vivid examples. Both employees and employers need to stay informed about their rights and responsibilities to foster a healthy and compliant working environment. This episode is a fantastic place to start. Chapters (00:00) What counts as unlawful harassment? (01:48) Examples of harassment and discrimination from the EEOC guidelines (04:10) What about when the manager is terrible to everyone? (07:15) Using the EEOC as a resource when filing your charge (08:15) Discrimination and retaliation are two separate claims Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Understanding Your ROI: A Guide to the EEO Report of Investigation 22:13

47 weeks前22:13

22:13

You’re a federal sector employee who has filed your complaint with the EEO. You receive your Report of Investigation (ROI). Now what? What exactly is an ROI, and what should you do next? Louise Ryder, an expert in federal sector employment law with The Spiggle Law Firm, joins us to explain the role of the ROI and provide strategic insight for those navigating federal employment disputes. Understanding and effectively analyzing the Report of Investigation (ROI) can dramatically affect the trajectory of your federal sector employment litigation. Everything hinges on the details and evidence compiled during the investigation phase of your formal complaint. This document can serve as both a roadmap and a springboard for a compelling case. This ROI offers a detailed account of the investigative stage of your complaint, and knowing how to analyze it effectively can be instrumental in building a solid case. Louise explains that this hefty document is a compilation of everything gathered during the investigation stage—statements, emails, notes, and more. Although it sounds like a mundane stack of paper, Louise reveals the hidden gems that can be buried within. One of the most eye-opening moments in our discussion is Louise’s breakdown of what to look for when scouring the ROI. From the dates on your EEO counselor’s report to the affidavits of responsible management officials, each piece of information is a potential goldmine—or a pitfall to be wary of. As she unpacks the information typically contained in this document, you can almost feel a renewed sense of control over an otherwise daunting process. Chapters (00:00) Introduction and Disclaimer (01:23) What is the Report of Investigation (ROI) (02:52) Why you should confirm the date listed in the report that the EEO counselor indicates that you initiated contact with the EEO (05:16) Key information to look for in the ROI (15:30) The critical role of the discovery phase (17:56) How to use the ROI as a roadmap for the discovery process (21:14) What does prima facie mean? Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Short-Term and Long-Term Disability: What You Need to Know 17:17

48 weeks前17:17

17:17

Attorney Jessica Greer, from The Spiggle Law firm, joins Tom to guide us through the tangled web of short and long-term disability benefits. These benefits are often provided by employers as part of their benefits packages, but navigating them can be quite challenging. Tom and Jessica explore the differences between short and long-term disability, the legal protections involved, and the potential pitfalls employees may encounter. They provide a detailed overview to help clear up the confusion surrounding these benefits. Jessica highlights the overlap between short and long-term disability benefits and laws such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). While these laws provide certain protections for employees, it's essential to differentiate between the legal framework of disability benefits and the provisions of these laws. Legal nuances can affect eligibility criteria, timelines for requesting benefits, and the process of transitioning from short to long-term disability. It’s helpful to work closely with healthcare providers and legal counsel when applying for these benefits, especially when transitioning from short to long-term disability. Insurance companies often scrutinize claims and may deny benefits if proper documentation or compliance requirements are not met. Tom and Jessica explain employees' legal protections while on short-term disability compared to FMLA. They also discuss the potential consequences of working other jobs while on disability and the scrutiny employees may face from insurance companies, especially when seeking long-term disability benefits. Chapters (00:00) What is long-term and short-term disability (06:10) When you need to coordinate with your doctors and attorneys (07:31) Can you look for a new job or continue to work another job while on disability? (09:39) Legal protections while on disability and FMLA Sign up for the Career Rocket newsletter www.TheCareerRocket.io Read Tom's new book Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Understanding The Critical Steps in the Formal EEO Complaint Stage 39:28

49 weeks前39:28

39:28

Louise Ryder returns to the podcast to walk us through the critical steps in the formal EEO complaint process. Louise shares her insight for crafting a compelling formal complaint, the strategic significance of naming witnesses, and what you can expect from the investigator's report. We’ll also cover how to handle objections, the advantages of a written response, and your options if the final agency decision is not in your favor. The journey from the informal EEO complaint stage to the formal process necessitates filing a formal complaint within 15 days of receiving the notice of the right to file. This complaint must lay out specific claims, addressing each discriminatory act and claim in detail. While using an attorney can help structure your formal complaint for agency acceptance, individuals filing pro se (without legal representation) need to ensure that their narrative is thorough and aligns chronologically, as judicial review commonly prefers this format. Louise emphasizes the importance of addressing every discrete act separately to provide clarity and comprehensiveness. Throughout the investigation, it is essential to maintain proactive communication. Louise highlights the strategic value of including names of potential witnesses in correspondence, as it ensures their participation in the investigation and provides some measure of protection and inclination to truthful statements. Being informed and prepared is vital for any federal sector worker facing discrimination or retaliation. Leveraging legal counsel, meticulously documenting your case, and understanding the procedural nuances will help empower you to advocate for yourself effectively. Chapters (00:00) Receiving notice of right to file a formal complaint from the agency (02:01) What information to include in your formal complaint (10:14) Keeping the information in chronological order (14:21) Advantages of having legal counsel (23:08) Submitting a rebuttal to the investigation (34:06) What to anticipate in attorney’s fees Links and Resources Mentioned Listen to our podcast episode where Louise Ryder walks us through the informal EEO complaint process https://sites.libsyn.com/473667/site/mediation-strategies-and-legal-insights-for-federal-employees Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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What Recent WNBA Salary Negotiations Teach Us about Negotiation Salaries to Severance Agreements 20:21

50 weeks前20:21

20:21

The disparity in salaries between NBA and WNBA players has been a hot topic in recent weeks. Understanding the intricacies of negotiation, whether for salary, benefits, or severance agreements, is crucial for employees in any profession. We can gain valuable insights into negotiation strategies applicable in various professional contexts by drawing comparisons from the sports world, particularly the WNBA’s recent discussions around player salaries. Just like sports agents negotiate contracts based on their athletes' worth, employees can leverage their skillsets and contributions to negotiate better terms upon exit or during their tenure. Zachary Aman, an attorney with The Spiggle Law Firm, joins Tom to share his insight on this episode of the podcast. Tom and Zachary share insights into the intricacies of legal negotiations, emphasizing the calculated trade-offs between immediate settlement benefits and long-term goals. They discuss the critical role of mediators in facilitating successful outcomes and the importance of understanding one's bottom line before entering intense negotiations. Chapters (00:00) What we can learn from recent WNBA draft and salary negotiations (05:21) Why you want to determine your “walk away” point prior to starting negotiations (10:57) It’s not just the money - understanding the total package of an offer (15:18) The value of a private mediator (16:58) A cautionary tale about mediation Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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A Comprehensive Guide to Navigating the EEO Federal Sector Litigation Process 32:03

51 weeks前32:03

32:03

Navigating the EEO process, particularly in the federal sector, can feel daunting. Many employees are ill-prepared for the time-intensive and potentially financially draining aspects of pursuing legal action. This episode addresses those very concerns with clarity, depth, and considerations for your next step. Michael Ludwig, a Senior Attorney at The Spiggle Law Firm, joins Tom for this episode to help guide you through the three critical stages of the EEO process: the informal stage, the formal complaint stage, and finally, the EEOC hearing and litigation stage. He provides listeners with cost estimates for each phase, which goes a long way in helping you assess your own situation and prepare accordingly. You will also learn how non-monetary terms, such as accommodations or transfers, often play a significant role in the resolution of these cases, offering another layer of consideration for those entangled in such disputes. Tom and Michael discuss the multiple 'off-ramps' or points during the process where you can decide to settle or exit the litigation. These are crucial junctures where you can reassess both your financial and emotional capacity to continue with the case. Mike’s emphasis on these options is reassuring for those worried about being locked in a protracted legal battle without a clear exit strategy. Chapters (00:00) Introduction and Outlining the EEO Process (06:00) How the Discovery Phase in an EEOC Hearing is Similar to Discovery in a Litigation Case (08:53) Resolving Cases Through Mediation and Settlement Possibilities. (19:12) Timetables for EEO Process. (21:55) Why Legal Fees Fluctuate at Different Stages of the Case Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Consequences and Cost of Missing Your Deposition 10:24

1 year前10:24

10:24

Don’t miss your deposition. That’s the bottom line. What happens, and what are the consequences when you miss your deposition? Tom and Ross Fodera, an attorney with The Spiggle Law Firm, walk you through potential consequences and pitfalls to avoid when it comes to depositions and other critical legal appointments. They are discussing Wade v. Auto Club Insurance Company of Florida et al. , a recent case in Florida. Wade missed his April 8th deposition and failed to communicate that he would be going to Arkansas to watch the solar eclipse on that day. As a result, the defendant’s attorneys are asking for the entire case to be dismissed, to get attorney’s fees, and specifically for the case to be thrown out with prejudice, essentially barring him from any other chance of getting into court with his claim. Though not conducted in a courtroom, depositions bear all the gravitas of a court proceeding, typically supervised by a court reporter and sometimes recorded on video. This formal setting ensures that testimonies given during depositions carry significant weight and may be used in a trial, akin to direct courtroom testimony. Depositions can carry considerable costs, including attorney fees, travel expenses, and court reporter services. Tune in to hear Tom and Ross discuss the consequences of missing depositions and how to avoid these pitfalls. Chapters (00:00) Introduction and background on Wade v. Auto Club Insurance Company of Florida et al. (02:43) The high stakes of depositions (06:54) How to avoid creating opportunity for the other side Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Mediation Strategies and Legal Insights for Federal Employees 48:50

1 year前48:50

48:50

How can mediation benefit federal employees in resolving disputes? What challenges do federal employees face when initiating an EEO process for discrimination claims? What do federal employees need to know when considering legal action against a federal agency? These are just a few questions Tom and his guest, Louise Ryder, a senior attorney with The Spiggle Law Firm, answer in this episode. The episode starts by explaining the difference between federal and private sector employees. Certain protections prevent the federal government from unreasonably taking away someone's job or taking certain other actions against them. There's an administrative agency called the Merit Systems Protection Board that you can use to appeal adverse action. You can also bring equal employment opportunity claims. So, several different administrative agencies handle federal sector employees. The EEO process is a critical component of federal employment law, with a specific pre-complaint process that must be initiated within 45 days of the adverse action. Louise encourages early legal intervention, even from the simple counseling stage, to ensure all grounds for action are adequately addressed. Agencies generally have their own complaint forms, and an attorney's knowledge ensures that a case is correctly presented at the outset, thereby avoiding problems that may otherwise arise during mediation or investigation. Mediation offers a confidential platform for dispute resolution, with voluntary participation that can be ceased if it proves unfruitful. Learn why creative solutions might be helpful and how non-monetary terms could play a significant role in your mediation process. Chapters (00:00) The difference between federal and private sector employees (05:01) How to start the process of initiating a discrimination name in the federal sector (10:54) The timeline for filing a charge (14:32) The benefits of having a lawyer for the mediation process (20:38) What the mediation process might look like (25:16) Factors in determining what your case is worth (38:18) Considerations for deciding between settling at mediation or going to federal court Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
What is Sovereign Immunity, and How Does it Impact Employment Law? 10:56

1 year前10:56

10:56

What is Sovereign Immunity, and how could it impact your claim against a government entity? Ross Fodera, an attorney with The Spiggle Law Firm, joins Tom to discuss the complicated topic of sovereign immunity as it relates to discrimination and retaliation claims with government entities. They look at the recent Dupree vs. Owens case, a decision from the 11th Circuit Court of Appeals in February 2024. In this case, the claimants brought both Title I ADA claims related to employment and Title V ADA claims addressing retaliation. The court ultimately ruled that the claims were barred by sovereign immunity, setting a precedent that could significantly affect future ADA employment discrimination claims against state entities. Sovereign immunity means that federal and state governments must consent to be sued, or else they enjoy protection from litigation. This immunity comes from the 11th Amendment of the U.S. Constitution and can only be circumvented in cases where the law expressly permits actions against the state. Understanding this principle is crucial if you're considering legal action against a government entity. Chapters (00:00) Introduction and discussion of Dupree v. Owens decision (02:23) What is Sovereign Immunity (05:08) What does it mean when a claim is dismissed with or without prejudice (09:32) Why you want to have a lawyer when suing government entities Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The High Stakes of Summary Judgment: What You Need to Understand as a Plaintiff 20:42

1 year前20:42

20:42

Summary judgment is a critical procedural tool in the litigation process, allowing either party, typically the defendant, to seek a ruling in their favor based on the merits of the case. In this episode, Tom breaks down the textbook definition and the practical realities of the summary judgment stage in the litigation process for an employment law case. The defendant often initiates summary judgment. It presents a significant opportunity for the court to rule in their favor by asserting that no reasonable juror could find in favor of the plaintiff. This stage is a big deal. It occurs in almost every case, particularly in federal courts. This is where the defendant will take their shot at getting your case kicked out of court. It typically occurs fairly late in the case, after discovery, when there are a number of facts on the record. The court's primary consideration is whether there is a genuine issue of material fact upon which a reasonable juror could rule in favor of the plaintiff. This hinges on the dispute being a genuine point of contention and its relevance to the elements the plaintiff must prove to win their case. The practical realities of summary judgment underscore its critical importance in shaping the direction of a case. You Will Learn 1️⃣ Why summary judgment is a pivotal stage in the litigation process 2️⃣ What goes into the extensive preparation for summary judgment 3️⃣ How successfully opposing summary judgment can be a significant win for the plaintiff 4️⃣ What constitutes a genuine issue of material fact in the context of a lawsuit, and why is it important in the summary judgment process 5️⃣ How the summary judgment stage can serve as a strategic opportunity for mediation and potential settlement negotiations Links and Resources Steps in the Litigation Process Podcast Series https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The Art of Mediation with D. Margeaux Thomas: Strategies for Successful Dispute Resolution 37:43

1 year前37:43

37:43

When you find yourself entangled in an employment law case, navigating the litigation process can be incredibly daunting. The anxiety of facing a courtroom battle, the financial stress of a drawn-out legal fight, and the emotional toll of workplace disputes make it natural to seek alternative dispute resolution methods. Mediation can be a more empowering approach to resolving conflicts where a neutral third party guides disputing parties toward a mutually agreeable solution. D. Margeaux Thomas is an ardent advocate for mediation, a process she describes affectionately as her “jam." As an experienced practitioner of this approach to conflict resolution, she has dedicated herself to facilitating dialogue between disputing parties. Her belief in mediation is rooted in its core principle of voluntary participation, where individuals engage willingly with the assistance of an impartial mediator to find a mutually acceptable solution. This episode is geared towards listeners seeking guidance on preparing for mediation within an employment context. Margeaux shares her professional insight on the thorough preparation required and what you can expect during the process. Part of that preparation is to understand the full scope of possibilities, from the best-case scenario to the worst, and be prepared. Mediation is an opportunity for both parties to openly contribute to the crafting of the resolution. Tom and Margeaux highlight the need to have all decision-makers present and emphasize the need for open-mindedness for the process to work. If you’re considering mediation as a possible resolution to your employment dispute, grab a pen and prepare to take notes. This episode is for you. You Will Learn (13:46) What qualities to look for in a mediator (21:59) How the mediation venue can impact negotiations (25:27) Points in the litigation process where mediation is an option (30:49) Why it’s helpful for your attorney to have a good relationship with opposing counsel (33:06 Why all key parties and decision-makers should be in attendance during mediation Connect with D. Margeaux Thomas Facebook: https://www.facebook.com/thomaslawplc LinkedIn: https://www.linkedin.com/in/margeaux-thomas-22a25261/ LinkedIn: https://www.linkedin.com/company/the-thomas-law-office-plc/ Phone: 703-957-2577 Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The Discovery Process Pt 2: The Ins and Outs of Depositions in Litigation 24:32

1 year前24:32

24:32

What are depositions, and how do they impact the trajectory of a case? Depositions are the high-stakes phase of the litigation process. Learn why they have the power to make or break a case and how to prepare for the most favorable outcome. In the legal context, depositions are when both sides in a lawsuit can take oral testimony from relevant witnesses. This takes place in a setting where a court reporter is present, akin to proceedings in a courtroom. Depositions mark an essential phase as they offer the chance to extract important information, understand the key performers from the other side, and gather evidence that can be impactful in the case. Depositions often reveal the dynamics of the case and the approach taken by each side. Additionally, expert witness depositions, particularly in cases such as age discrimination suits, play a critical role in shaping the narrative and supporting the claims presented in the case. Tom addresses the potential challenges and disputes that may arise during depositions, emphasizing the importance of thorough preparation and strategic decision-making. By illuminating the intricacies of expert depositions, he shares insights from his own experience into the multifaceted nature of these proceedings. Throughout the episode, Tom provides a comprehensive overview of the deposition process, covering nuanced topics such as the rules of federal evidence and the role of court reporters. By learning about the intricacies of the procedure, you will gain a deeper understanding of what to expect and feel empowered to enter this phase of a legal battle with a sense of preparedness and confidence. You Will Learn 1️⃣ Where depositions fit into the litigation process 2️⃣ How depositions play a significant role in determining the outcome of a case 3️⃣ What are the advantages and disadvantages of taping depositions 4️⃣ How expert depositions differ from regular depositions, and why are they particularly impactful in employment lawsuits 5️⃣ How depositions influence the negotiation and settlement of employment lawsuits 6️⃣ Which factors can lead to a potential settlement following a deposition Links and Resources Mentioned Steps in the Litigation Process Podcast Series https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The Discovery Process Pt 1: Preparing for the Paper Discovery 24:32

1 year前24:32

24:32

If you find yourself in federal court, where a significant number of employment lawsuits end up, the first thing that will happen is there are some disclosures you will have to make to the other side. This is part of the discovery process, and we’re breaking that process down for you into a couple of podcast episodes. Tom explains the paper discovery process in this episode. We’ll cover depositions in the next one. In civil litigation matters, it is the court's preference that trials be avoided because trials take up a lot of time for the courts. So there's a strong desire for cases to be settled. By the time you get to trial, most sides know within reason what the other side will say. That's not to say there aren’t twists and turns in the courtroom, but… Those dramatic courtroom revelations you've seen in movies are rare, as both parties must disclose evidence and information to avoid trial theatrics. The idea that you're going to be able to hold your “smoking gun” is not something that's going to work because you're going to be required to turn this evidence over to the other side as part of discovery. And in many instances, if you haven't done that by the time you get to trial, you can't use it at trial. The paper discovery phase is a crucial part of the overall litigation process. It allows both parties to uncover information and prepare their cases. By adhering to the Federal Rules of Civil Procedure and working within the agreed-upon limits, parties can exchange relevant documents, pose interrogatories, and seek admissions to build their arguments. Learn why the discovery stage presents opportunities for settlement discussions. You Will Learn 1️⃣ The discovery process involves exchanging documents and questions between the parties involved in a lawsuit. It can be broken down into two major components: paper discovery and depositions. 2️⃣ Paper discovery encompasses a broad range of tasks, including disclosing documents and information, creating a discovery plan with the opposing side, and propounding requests for production of documents, interrogatories, and requests for admission. 3️⃣ The discovery process plays a crucial role in shaping the case and often leads to valuable revelations. It can also pressure the opposing party to consider settlement options, as both sides uncover new evidence that may impact the outcome. 4️⃣ Learn from Tom’s experience how to strategically ask questions about specific paragraphs or allegations in your complaint or answer and uncover how limitations on these interrogatories can impact your case. 5️⃣ Navigate the challenges of discovery disputes: Explore the potential conflicts and objections that can arise during discovery, such as disputes over the scope of interrogatories, the redaction of sensitive information, and the protection of attorney-client privilege. Links and Resources Mentioned Steps in the Litigation Process Podcast Series https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Understanding the Motion to Dismiss and How it Can Impact Your Case 13:43

1 year前13:43

13:43

What does a motion to dismiss mean for you and your employment case? Is it a cause for panic? A motion to dismiss is a potential hurdle that plaintiffs face as defendants seek to have their case entirely or partially dismissed. Receiving a motion to dismiss is not uncommon in litigation, occurring about 25% of the time. Sometimes, defendants may have genuine legal arguments, while other times, they're merely attempting to prolong the process or increase the plaintiff's expenses. Tom explains the technicalities of a motion to dismiss in this episode while clarifying the court's primary consideration. He shares relatable examples, such as a hypothetical defamation claim, to illustrate key nuances. Throughout this episode, Tom offers insight from his years of experience and empowers you with the knowledge to make informed decisions. By highlighting the importance of drafting a comprehensive complaint that includes all the necessary elements, he underscores the significance of having a skilled attorney to guide you through the process. This is the fifth episode in our series where Tom guides you through the steps of the employment litigation process. Listen to episodes 21-24 if you haven’t already. In our upcoming episodes, we'll explore two more critical aspects of litigation: paper discovery and depositions. These stages are where the facts of your case take center stage. You Will Learn 1️⃣ Common reasons defendants file a motion to dismiss 2️⃣ How courts determine whether or not to grant a motion to dismiss 3️⃣ How plaintiffs can respond to a motion to dismiss to try to save their case 4️⃣ Why a motion to dismiss isn't the end of the world for your case 5️⃣ What to do if you receive a motion to dismiss Links and Resources Mentioned Steps in the Litigation Process Podcast Series https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
When to Say Yes: Understanding Motions to Extend Time in Litigation 15:59

1 year前15:59

15:59

What should you do when the defendant requests an extension of the deadline to respond to your complaint? Your initial reaction might be frustration or even anger. But, as Tom explains, this is a common occurrence and often happens as a matter of course. In this episode, Tom guides you through the intricate details of motions to extend time, providing crucial insights based on his experiences. He explores the emotional impact of this request on the plaintiff and explains the reasons behind such motions. Despite the understandable frustration and inclination to resist, Tom advises listeners to consider the bigger picture. He unravels the reasons behind these requests, the court's perspective on granting extensions, and why it's essential to approach them strategically. While it may seem counterintuitive, granting an extension can actually work in your favor. As Tom aptly puts it, 'These motions can be a necessary and strategic move during litigation.' By understanding the nuances of motions to extend time, you can navigate the legal process with confidence and make informed decisions that align with your best interests. Throughout the episode, Tom emphasizes the need for strategic decision-making and a balanced approach. This is the fourth episode in our series where Tom guides you through the steps of the employment litigation process. Listen to episodes 21-23 if you haven’t already. You Will Learn 1️⃣ The definition and importance of motions to extend time under the Federal Rules of Civil Procedure. 2️⃣ Why a defendant may request an extension and why it's usually a common occurrence. 3️⃣ How refusing a motion to extend time can potentially set a negative tone for your case. 4️⃣ When it might be appropriate to oppose a motion to extend time. 5️⃣ Tips on making your case more transparent and drawing a line in the sand when needed. Links and Resources Mentioned in the Episode Steps in the Litigation Process Podcast Series https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Answering the Complaint 16:36

1 year前16:36

16:36

We continue our series breaking down each stage of a civil court case in this episode. Tom highlights the importance of understanding the language used in court, which often seems foreign to those who aren't familiar with legal procedures. He emphasizes the need to familiarize yourself with legal terms such as "complaint" and "answer" to effectively participate in your own case or understand what your lawyer is saying. In our previous episodes, we discussed the concepts of service and the filing of a complaint—two vital steps in the litigation process. Now, we shift our focus to the answer to the complaint. The “answer” holds significant weight in court proceedings. It entails the defendant's response to the allegations made in the complaint. Often, you'll find that a significant portion of the answer is simply denials, as defendants refute many claims stated in the complaint. However, in certain strategic situations, the defendant may opt to provide more substantial information to present their side of the story, taking advantage of the fact that the answer becomes public record, accessible to anyone examining the case. By gaining insight into the mechanics of the court system and the language it employs, you'll enhance your ability to navigate and take control of your legal journey. You Will Learn 1️⃣ What is typically included in the answer to a complaint 2️⃣ Why a defendant might strategically choose to include more information in their answer to a complaint 3️⃣ What happens when the defendant answers with a counterclaim 4️⃣ How to access the Federal Rules of Civil Procedure online and why it is a powerful resource to help you understand the civil litigation process 5️⃣ Why an answer will sometimes contain both denials and admissions 6️⃣ How admissions can help establish the facts of the case Links and Resources Previous episodes in the “Steps in the Litigation Process” series Filing the Complaint https://sites.libsyn.com/473667/steps-in-the-litigation-process-filing-the-complaint Serving the Complaint https://sites.libsyn.com/473667/from-filing-to-serving-your-guide-to-serving-the-complaint-in-your-employment-lawsuit Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
From Filing to Serving: Your Guide to Serving the Complaint in Your Employment Lawsuit 17:28

2 years前17:28

17:28

You’ve filed the complaint for your employment lawsuit. What happens next? The process of serving the complaint is your gateway to alerting the defendant to the lawsuit and ensuring they understand the gravity of the situation. Understanding this step and its proper execution is absolutely vital to the outcome of your case. In this episode, Tom explains how properly serving the complaint allows the plaintiff to obtain a default judgment if the defendant fails to respond. Listen in to learn about the consequences the defendant faces if they do not pay the judgment. Serving the complaint also ties into stopping the statute of limitations in your case. It's essential to file your lawsuit within the specified time frame, and Tom offers insights into strategies for doing so, whether in state or federal court. This episode is the second in our series, where Tom walks you through every phase of a civil lawsuit. Once the complaint has been served, there will be some requirements from the defendant to answer the complaint. We will get into that in the next podcast episode. If you missed the previous episode about what to include in your complaint, be sure to give it a listen. You Will Learn What are the advantages of being the plaintiff in an employment law case Why serving the complaint is a vital step in the litigation process Why you want to consider hiring a process server What are some challenges and considerations when trying to find a lawyer within a limited timeframe How to serve the complaint Which factors could influence whether a case is filed in state court or federal court Listen to the first episode in this series https://sites.libsyn.com/473667/steps-in-the-litigation-process-filing-the-complaint Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Steps in the Litigation Process: Filing the Complaint 13:42

2 years前13:42

13:42

You've exhausted all other options for your employment case, with mediation proving unsuccessful and a positive outcome seeming out of reach. Now what! At this point, the next logical step is to proceed to court. This is the first episode in our series created to walk you step by step through the litigation process. The focus of this episode is the initial filing called the complaint. The complaint establishes the foundation of your lawsuit, providing a concise overview. It outlines the basic details of the lawsuit, highlighting the location of the events, the statement of facts, and the laws allegedly violated. Tom discusses the process of actually filing the complaint, either physically or electronically, stressing the significance of obtaining a file-stamped copy as proof of filing. This becomes especially crucial when facing time constraints, such as the statute of limitations deadlines. Keep in mind that the complaint is only the beginning. Further development of the facts and additional details will occur as the case progresses towards trial. The complaint becomes a public document accessible through electronic filing systems used by federal and state courts. Subscribe to the podcast so you don’t miss the next episode in this series. You Will Learn (02:03) What is a complaint (02:29) What information to include in your complaint (04:28) Strategies for crafting an effective complaint (08:03) Why you’ve got to get your complaint stamped by the clerk (08:32) What is an amended complaint Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Understanding Employment Law Claims: Exploring the Non-Administrative Filing Requirements 21:14

2 years前21:14

21:14

Does your claim require an administrative filing, or can you skip that step and go straight to court with your employment case? Losing a job or fearing termination can be incredibly stressful and overwhelming. The complexity of employment law only adds to the confusion of navigating the administrative process, deadlines, and the potential repercussions of pursuing a legal claim. This episode helps alleviate some of those concerns. While some claims need to be first filed with the EEOC, or other administrative body, others don't have this requirement. Learn which claims fall into which category and save yourself some unnecessary paperwork. Tom breaks down the administrative filing requirement for various employment law claims. State and local cases may vary in their administrative filing requirements, making it vital for individuals to understand the regulations in their specific jurisdiction. Tom explains that some states allow individuals to file directly in court, while others give the option to file an administrative action or charge. So if you've ever wondered whether you need to file a claim with an administrative body, or if you can skip that step, then this episode is for you! You Will Learn (01:16) What is administrative exhaustion (11:18) The downside of filing an administrative charge (13:55) The benefit of having an attorney to help with your legal strategy (15:03) Understanding how you could have multiple claims (17:16) The advantages of going straight to federal court Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Understanding Litigation in Employment Law: What Does Litigation Really Mean? 7:47

2 years前7:47

7:47

The term "litigation" might start your stomach churning as you picture your employment case being tried before a jury in a mahogany courtroom as the opposing lawyer hammers you with questions on the witness stand. Before your imagination gets too carried away, listen to this episode. Tom is going to address misconceptions and break down what litigation really means and the different ways it can look Contrary to popular belief, litigation encompasses much more than going to court. It can involve a wide range of activities, including sending demand letters, filing complaints with administrative bodies like the Equal Employment Opportunity Commission (EEOC) or the National Labor Relations Board, and more. Tom explains that litigation is a broad term for pursuing legal action against your employer, but it doesn't necessarily mean going to court. It's crucial to know that the majority of the litigation process takes place outside of the courtroom. This knowledge is empowering for both employees and employers. Employees can feel more confident in exploring their options, while employers can understand that receiving a litigation threat doesn't automatically mean a legal battle is imminent. Litigation doesn't have to be a daunting prospect. It can include private disputes, confidential negotiations, and various other steps that allow you to assert your rights as an employee. Remember, as we discussed in a previous episode, not all aspects of litigation end up on public record or on the internet. You have control over how and when you initiate the process. Don’t let the term "litigation" intimidate you. Listen to this episode to learn what it really means. You Will Learn 1️⃣ Litigation encompasses more than just court proceedings: While court is often associated with litigation, it's important to know that litigation is a much broader term. Learn what else litigation encompasses and what options you have that don’t require you to go to court. 2️⃣ Understand the power dynamics: If you're considering pursuing litigation against your employer, it's crucial to recognize that simply mentioning the term may not make them tremble with fear. Litigation doesn't automatically mean putting your employer in a vulnerable position. However, it can still be a useful tactic to let them know you're serious about addressing the issue. Just keep in mind that the process offers more possibilities than a "go to court or nothing" scenario. 3️⃣ Take control of your own narrative: One crucial aspect to consider is that litigation grants you a substantial degree of control over the process. From deciding when and how to start, to how it ends, you have the power to shape the path. Whether it involves private disputes or filing complaints with administrative agencies, you hold the reins. Therefore, don't be afraid to explore your options and weigh the different meanings behind the term "litigation." Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Protecting Your Reputation: Keeping Employment Disputes Private 19:08

2 years前19:08

19:08

Tom addresses a common fear surrounding employment disputes in this episode - Privacy. Specifically, he addresses the fear of prospective employers finding out about past employment disputes and how it might impact your career prospects. Many professionals and high-income individuals don't want to be labeled as someone who sues their employers, as this reputation can hamper their chances of securing future job opportunities. Tom assures listeners that if a lawsuit has yet to be initiated, their dispute is unlikely to be made public and easily discoverable by conducting a simple online search. He explains that most employment disputes are resolved long before a lawsuit is filed. Actions that take place before going to court, such as sending a demand letter, communicating with the employer, or reaching a resolution, are often confidential and not a matter of public record. Tom highlights that these private communications are typically known only within a small circle of people involved, mitigating the risk of outsiders finding out about the dispute. Learn about the agreements used when a resolution is reached that ensure that neither the employee nor the employer wants sensitive information to become public. Throughout the episode, Tom emphasizes that both employees and employers often share the goal of keeping disputes confidential. With his insight and expertise, Tom sheds light on how most cases remain private, promoting a sense of security for individuals seeking to protect their professional image while pursuing justice. You Will Learn (03:11) When an employment dispute becomes public (04:51) Why it is beneficial for both sides for the dispute to be resolved privately (07:12) What is a non-disparagement clause (08:35) Is a public record created when you file a charge with an administrative body like the Equal Employment Opportunity Commission (EEOC) (13:11) What to consider when filing a lawsuit that will become public Links and Resources Mentioned Podcast episode referenced for navigating mediation with administrative bodies https://sites.libsyn.com/473667/navigating-the-mediation-process-to-resolve-workplace-disputes-pt-2 Legal Leverage Program https://legal-leverage.net/ Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

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Letting Go, Starting Fresh: Embracing a New Path Towards Purpose and Fulfillment with Angie Colee 41:57

2 years前41:57

41:57

How do you get fired from a job that you’ve already left? We have the “one-woman bomb squad,” Angie Colee joining us for this episode! Angie shares that story and many more experiences since starting her own business. Angie's story resonates with many of us who have faced challenges, setbacks, and the fear of the unknown after getting fired or deciding to leave a job. She guides us down her path to creative entrepreneurship. Despite her fears, she recognized the need to walk away from different situations that no longer served her higher purpose. She put her faith in herself and committed to developing the necessary skills to be successful. Angie shares how she navigated a toxic work environment and took a leap of faith to embark on her adventure of entrepreneurship. She’s launched a podcast, written a book, and built a successful coaching business while living the life of a digital nomad. She shares the profound impact of committing fully to her dreams while leaving no room for doubt. Angie highlights some common mistakes made by creative professionals who need help with the demands of their success. Angie's insights will resonate with anyone who has felt the weight of multiple responsibilities without sufficient support. You Will Learn (04:47) How Angie navigated a toxic work environment and recognized when it was time to leave (13:38) How to avoid the vicious cycle of feast or famine: The difference between creating a business and creating another job for yourself when you start out as an entrepreneur (25:52) Recognizing when it is time to take the leap and the commitment it takes to make the jump (31:13) The value of hiring a coach to help you develop the skills you are lacking (34:23) The benefits of shifting your mindset from focusing on failure to “I’m going to win or I’m going to learn.” Links and Resources Mentioned https://permissiontokickass.com/ Permission to Kick Ass podcast link https://permissiontokickass.com/podcast/ https://www.linkedin.com/in/angiecolee/ The Well-Fed Writer by Peter Bowerman Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The Power of the Demand Letter: Choosing the Right Recipient for Maximum Impact 18:30

2 years前18:30

18:30

What is the crucial first step in asserting your rights as an employee when facing unfair termination or harassment at work? Crafting an effective demand letter is where you start. In this episode, we'll unravel the core elements of the demand letter. From laying out the facts to emphasizing the violations of the law, we discuss how to make your case and demand justice. Tom shares his experience and insight regarding who this letter should come from and who at the company should receive it for maximum impact. You will learn how different approaches and potential outcomes impact how to craft your demand letter strategically. Tom shares real-life experiences where personal relationships influenced the trajectory of a complaint, leading to surprising resolutions. Find out how a heartfelt, professional letter and a sincere conversation opened doors to settlement options that were previously unexplored. Learn more about an attorney's invaluable role in bolstering your case, and lending credibility and expertise to your demand letter. Remember, this episode is not just about information; it's about empowerment. It's about finding the courage to fight for what you deserve in the workplace. Get ready to take control and demand the justice you deserve. You Will Learn The purpose of a demand letter What to include in your demand letter When the demand letter should come from you instead of an attorney How to leverage your personal relationships Who you should address your demand letter to for maximum impact Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Understanding the Roles of Your Legal Team and How They Impact Your Bill 19:23

2 years前19:23

19:23

Who is on your legal team, and what are they doing? From attorneys to paralegals and legal assistants, Tom unravels the distinct roles and responsibilities of each member of your legal team and how they impact your bill. You'll gain a deeper understanding of what each team member actually does and how they work together to advocate on your behalf. Meet the paralegals who ensure your legal documents are proficiently crafted, meticulously analyze case facts, and conduct thorough interviews with clients and witnesses. With assistance from these skilled members of your team, your attorney can focus on providing you with the best legal advice and representation in court. It’s often the legal assistants who are the master organizers tackling the administrative duties of organizing case files and managing electronic documents, ensuring no vital details are lost in the shuffle. Their meticulousness ensures a streamlined and effective approach to your case, leaving no stone unturned. Tom also elaborates on the necessity of the upfront funding of a retainer and explains the replenishment process as work progresses on the case. Understanding this process, along with the roles of who is working on your case, will foster an atmosphere of trust and transparency with your attorney. You Will Learn How hourly legal fees are typically calculated How the retainers and upfront payments work The difference between paralegals and legal assistants Why a great paralegal is like gold What red flags to look for on your bill Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Dartmouth Men’s Basketball: How Would Unionization Impact College Sports? 12:10

1 year前12:10

12:10

How will the Dartmouth men’s basketball team’s move toward unionization affect college sports? College sports are witnessing a significant transformation as student-athletes begin to assert their rights in unprecedented ways. From NIL (name, image, likeness) rights to the recent vote by the Dartmouth men's basketball team to unionize, the landscape of college sports is rapidly evolving. Zach Aman, an attorney with The Spiggle Law Firm, returns to the podcast to explore the additional questions this move raises. And there are so many questions and complexities. College sports are undeniably a staple of American culture. It is also increasingly becoming a battleground for labor rights and a testing ground for evolving employment laws. As this narrative unfolds, it will inspire debate, influence policy, and, most importantly, redefine the collegiate athletic experience for student-athletes and institutions alike. Whether you're a fan, a player, or an observer of the legal system, these developments warrant close attention as they promise to reshape the landscape of employment law and college sports. Highlights and Takeaways (00:00) Why the National Labor Relations Board (NLRB) ruled that there is an employer-employee relationship between Dartmouth and the players (02:48) Additional questions this decision raises for college athletics (06:41) New rules about classification as an “employee” or “independent contractor” (08:40) How the November election might impact the NLRB and DOL (Dept of Labor) Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
How are Recent Court Decisions Impacting Diversity Slate Initiatives? 11:16

1 year前11:16

11:16

How are recent court decisions impacting diversity slate initiatives? Valerie Teachout, a Senior Attorney with The Spiggle Law Firm, joins Tom to discuss how recent court decisions might impact DEI initiatives. They explore the potential legal risks associated with DEI initiatives, particularly in light of the legal scrutiny they face. While the motive behind DEI initiatives is to address historical inequalities and increase diversity, they also run the risk of being interpreted as discriminatory. Organizations must carefully evaluate and reevaluate their diversity programs' effectiveness and legal compliance. In this episode, you will learn practices to help ensure a diverse and inclusive workforce. Tom and Valerie suggest shifting the focus from mandating specific candidate demographics to diversifying interview panels, thereby mitigating unconscious biases in the selection process. This episode underscores the benefits of having diverse decision-making teams, highlighting the positive impact on decision-making and fostering a more inclusive work environment. Chapters (00:00) What are Diversity Slate Initiatives? (02:17) What is the Rooney Rule in the NFL? (03:56) How to eliminate conscious bias in job interviews (09:10) Why you need clear standards when hiring for a position Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The EEOC’s Mission to Reach Underserved Communities 16:31

1 year前16:31

16:31

What is the EEOC’s Reach Initiative, and how will it empower vulnerable workers and underserved communities? Senior Attorney Samantha Vanterpool Rucker joins Tom to discuss the EEOC's (Equal Employment Opportunity Commission) proactive efforts to reach and empower underserved communities. The REACH program acknowledges and addresses the unique needs of underserved communities when it comes to understanding and accessing information related to employment discrimination laws. These communities may include low-income earners, immigrants with language barriers, individuals with learning or mental disabilities, and teenagers entering the workforce for the first time. It's essential to recognize that these individuals may face additional obstacles in understanding their rights and navigating the legal process when dealing with workplace discrimination. In addition to discussing the potential impact of the REACH program, Tom and Samantha also review the difference between “pro bono” and “contingency fee” arrangements and share resources for pro bono or low-cost legal services. Chapters (00:00) The EEOC's Effort to Reach Underserved Communities (02:40) Identifying Underserved Communities (04:05) Access to Information and Legal Resources (07:09) Understanding Contingency Fee and Pro Bono Representation (10:15) Filing Charges with the EEOC Links and Resources Mentioned https://www.eeoc.gov/initiatives/enhancing-outreach-vulnerable-workers-and-underserved-communities https://www.avvo.com/ https://www.vba.org/page/how_we_help Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
What is the difference between “At-Will” and “Right to Work” 8:04

1 year前8:04

8:04

What is the difference between “At-Will” and “Right to Work,” and what does it mean for you, the employee? In employment law, two terms often need clarification: "at-will employment” and “right-to-work” states. In this episode, Tom clearly defines both terms and explains how they impact the legal landscape of employment. What is an At-Will State? At-will employment is a principle that governs the employer-employee relationship in almost every state in the U.S. With the exception of Montana, all states abide by at-will employment laws. This principle implies that the employer or the employee can terminate the employment relationship at any time, with or without cause, and without incurring legal liability, as long as the termination does not violate employment laws, such as anti-discrimination statutes. Being in an at-will state does not prevent an employee from seeking legal recourse in cases of discriminatory or unlawful termination. If an employer violates antidiscrimination laws, harasses an employee, or breaches other employment regulations, the at-will nature of the state does not shield the employer from legal consequences. What Does “Right to Work” Mean? In some regions of the United States, particularly in the Southeast and parts of the Midwest, right-to-work laws are in effect. The term "right-to-work" specifically pertains to unionized workplaces and employees' freedom to choose whether to join a union or pay union dues. In a right-to-work state, employees cannot be compelled to join a union as a condition of employment, allowing them to opt out of union membership and associated financial contributions. While “right to work” champions individual freedom and choice, it also sparks debates regarding the potential impacts on union strength and workplace solidarity. Opponents argue that employees benefit from union negotiations and improvements, such as better working conditions and benefits, even if they opt out of union participation. Chapters (00:00) Introduction and At-Will Employment Explained (01:35) Employee Rights in At-Will States( 04:27) Defining “Right to Work” (07:40) Seeking Legal Assistance Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Filing a Charge with the EEOC While Still Employed 14:47

1 year前14:47

14:47

Can you file a charge with EEOC while still employed? What happens when you do? Things can get complicated in the workplace when you’ve filed a charge with EEOC (Equal Employment Opportunity Commission) while still employed. It can also be a strategic move, as you will learn in this episode. Reporting issues to HR or filing a charge with the EEOC creates a shield that protects employees from retaliation. This anti-retaliation protection is something employees should be aware of when considering filing a charge. This episode addresses several concerns of employees considering filing a charge with the EEOC. Paralegal Emily Villatoro from the Spiggle Law Firm joins Tom, as they address these concerns head-on. In addition to pointing out the red flags of retaliation, Tom and Emily discuss severance packages, PTO, and attorney representation at HR meetings. Episode Highlights (00:00) Introduction and the power of filing with the EEOC (01:55) The Impact of Retaliation (02:58) Ways to Support a Colleague’s EEOC Claim (04:10) Navigating Damages (06:18) Legal Dynamics of Severance Packages (08:04) PTO (Paid Tim Off) Payouts (10:50) Attorneys in HR Meetings Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
The Impact of AI on Hiring Practices: Balancing Innovation, Privacy, and Discriminatory Risks 12:24

1 year前12:24

12:24

What are the potential risks for job seekers and employers when Artificial Intelligence (AI) is incorporated into the hiring process? Senior Paralegal Erin Shatsiek joins Tom to discuss the pros, cons, and legal considerations surrounding the use of AI in the hiring process. With the rapid advancements in technology, it's crucial to understand the implications of AI in the hiring process and the precautions needed to mitigate potential risks. Erin discusses how AI can help applicants create robust resumes and enhance their chances of standing out in a pool of job candidates. Employers are leveraging AI to schedule interviews efficiently, review resumes, streamline the selection process, and identify qualified candidates in a timely manner. While AI offers many benefits, there are legitimate concerns regarding discriminatory practices and privacy issues. Erin and Tom highlight the potential for bias to seep into AI systems, whether intentionally or unintentionally. Employers must be cautious about the parameters set for AI algorithms, as any discriminatory impact, such as ageism or other biases, could lead to significant legal repercussions. The legal landscape surrounding AI in hiring is evolving. In this episode, you’ll learn about the American Data Privacy and Protection Act, as well as the Biden administration's introduction of a blueprint for AI Bill of Rights, emphasizing responsible AI deployment and protecting individuals from discrimination based on protected classes. What does the future of AI in the hiring process look like? While AI offers possibilities for creating an efficient hiring process, critical considerations surrounding bias, privacy, and legal safeguards must be at the forefront of discussions and regulatory actions. As technology continues to shape the employment landscape, understanding the multifaceted implications of AI in hiring is essential for both job seekers and employers. Episode Highlights (00:00) The Rise of AI in Hiring Practices (03:45) Navigating Discrimination and Privacy Concerns (06:47) The Regulatory Landscape and AI in Hiring Practices Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
What You Need to Know about the Wage Transparency Law in Washington, DC 10:31

1 year前10:31

10:31

What do employers and employees need to know about Washington, DC's new wage transparency law? Valerie Teachout, an attorney at The Spiggle Law Firm, joins us to discuss the key points of the wage transparency law recently signed by Washington, DC, Mayor Muriel Bowser. The new law requires that any employers in the district with at least one employee must provide information on salaries. Employers must provide the minimum and the maximum projected salary or hourly pay in all job listings and position description advertisements. This applies to internal promotions, internal transfers, and external advertisements. In addition to posting the information on the salary, the employer must also include information about health care benefits. The second component of this new law is that employers will be prohibited from screening prospective employees based on their wage history. Until now, it’s been common for interviewers to ask the job candidate, “What did you make at your last position?” Not anymore. This law empowers employees by providing essential information about salaries and benefits. By prohibiting the inquiry about wage history, the law seeks to address the systemic issue of pay inequity, particularly concerning gender-based disparities. Job applicants can negotiate compensation based on the true value of the position rather than being unfairly influenced by their previous salaries. Wage transparency laws can change the employment landscape significantly, promoting fairness, equity, and empowerment for employers and employees. As these laws evolve and expand across jurisdictions, businesses must stay informed and adapt to the new requirements. Employees and job seekers should also stay informed of these changes to benefit from a more transparent and equitable process when seeking new job opportunities or pursuing internal promotions. Key Takeaways (00:00) Introduction and Break Down the New Wage Transparency Law in Washington, DC (03:21) Impact on Prospective Employees (05:32) Scope of the Law and Comparison to Other States (07:07) Preparing for the Law to Go into Effect on June 30, 2024 (08:49) Enforcement and Penalties Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
AI in the Law: Pitfalls and Precautions for Courtroom Use 17:45

1 year前17:45

17:45

Did you know that an attorney landed in hot water for submitting a legal brief containing non-existent cases generated by an AI language model? Chat GPT's hallucinations, which included fake case citations and entirely non-existent opinions, led to serious consequences for the attorney. It's a powerful reminder of the limitations and potential risks of relying solely on AI for legal work. Attorney Zachary Aman, from The Spiggle Law Firm, joins Tom Spiggle to discuss how the rapidly evolving practice of using AI is impacting legal professionals and pro se litigants. With no official regulations or legislation governing the use of AI in legal filings, judges have taken it upon themselves to issue standing orders, introducing requirements for disclosure of AI usage. This makes it more critical than ever to know the rules of your local court. As employment law cases can be complex and overwhelming for individuals navigating the litigation process, this episode provides insights into the challenges, risks, and best practices associated with integrating AI tools like Chat GPT into legal research and drafting documents. Key Insights (00:00) Introduction to the Use of AI in the Legal Practice (00:49) The Use of AI in Briefing Papers (00:03) What Judges are Doing about AI Since No Rules Have Been Officially Adopted (06:54) Pro Se Litigants and AI Use (11:43) Courts and AI Integration - Know the rules of your local court (15:55) Best Practices When Using AI Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
When is Your Employer Required to Allow You to Bring a Lawyer to a Meeting at Your Office? 12:40

1 year前12:40

12:40

Can you bring a lawyer to your meeting with HR? When must your employer allow you to bring a lawyer to a meeting? This episode is perfect for anyone navigating the litigation process in an employment law case and seeking insights into protecting their rights. These meetings with HR can often feel like a legal interrogation, with the employee in a vulnerable position. In this episode, Tom shares his proactive approach to preparing for these meetings so you feel ready, empowered, and confident as you go into meeting with HR. Chapters and Key Insights (00:00) The Right to Legal Representation in HR Meetings In a typical scenario, an employee who has reported workplace harassment or other wrongdoing may be called into a meeting with HR. People often ask if they can bring a lawyer to such meetings for protection and guidance. (01:21) Exceptions to the Rule Though employees are not typically entitled to have a lawyer present in HR meetings, there are exceptions to this rule. Tom explains the circumstances for these exceptions. (04:10) Preparing for the HR Meeting HR meetings can be delicate, and employees must be cautious about what they disclose. While HR meetings may be conducted for legitimate investigative purposes, there are instances where HR may try to use the meeting to elicit information that could be used against the employee in the future. Employees should be careful and seek legal guidance in navigating such meetings. (08:48) Criminal Liability and the Right to Counsel In rare cases with potential criminal liability, such as when law enforcement is involved, employees have the right to retain legal counsel before engaging in discussions. Employees should be aware of their rights in these scenarios and refrain from speaking until they consult an attorney. Navigating HR meetings can be complex, and understanding your rights regarding legal representation in these meetings is essential. While employees may not always have the right to bring an attorney to HR meetings, there are circumstances where legal representation is imperative. Employees can protect themselves and their interests in HR settings by being aware of their rights and seeking legal advice when necessary. Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Understanding the EEOC Complaint Process: A Conversation with Attorney Michael Ludwig 17:08

1 year前17:08

17:08

What is the Equal Employment Opportunity Commission (EEOC), and what role does it play in workplace discrimination cases? Attorney Mike Ludwig, from The Spiggle Law Firm, joins Tom Spiggle to discuss discrimination under Title VII and the EEOC. Mike explains the role of the EEOC, a federal administrative body that specializes in addressing cases related to Title VII of the Civil Rights Act. Whether it’s discrimination based on race, sex, disability, age, or retaliation, the EEOC serves as a resource for employees seeking to address unjust treatment in the workplace. He outlines the EEOC filing process, emphasizing how it is a precursor to potential litigation under Title VII and highlighting the necessary steps for filing a federal lawsuit. While the EEOC process may create leverage and facilitate settlements, obtaining a favorable decision directly from the EEOC is rare. Instead, the typical result is the issuance of a "notice of right to sue," which allows the employee to proceed with filing a lawsuit in federal court under Title VII. Does it make sense to hire a lawyer to handle your EEOC complaint? Engaging legal counsel can streamline the EEOC process and expedite the case timeline. Attorneys can skip the line, enabling expedited access to the EEOC's resources and facilitating efficient engagement with opposing counsel. Hiring legal representation increases the employee's leverage and strengthens their position during the EEOC proceedings. It can also streamline the EEOC process and speed up the timeline. Employees filing without legal counsel may encounter lengthy delays in the EEOC process, requiring patience for resolution. Chapters (00:00) Introduction and the Equal Employment Opportunity Commission (EEOC) Complaint Process (06:14) How leveraging the EEOC can help your case (03:30) The deadline for filing a claim with the EEOC (10:10) How legal representation can help employees navigate filing a charge and expediting the EEOC process (14:18) Understanding the EEOC timelines Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Michael Ludwig https://spigglelaw.com/meet-the-team/michael-ludwig/ Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
You Can Bring a Successful Claim Against Your Employer in an At-Will State 7:11

1 year前7:11

7:11

At-will employment is a widely misunderstood concept that often leads people to believe they have no legal recourse against employers. However, this mistaken belief can prevent individuals from seeking the legal help they need to address unfair employment practices. In this episode, Tom dispels the myths and explores the legal rights of employees in at-will states. Except for Montana, almost every state operates under at-will employment laws. At-will employment essentially means that employees can be terminated for any legal reason, and conversely, they can leave their jobs without providing notice. While best practices may dictate giving notice, it is not a legal requirement in at-will states. A common myth about at-will employment is that individuals cannot bring a successful legal claim against their employer in such states. However, contrary to popular belief, being in an at-will state does not absolve employers of legal accountability. If an employer violates any state, federal, or local laws, they can be held legally responsible, regardless of the at-will status of the state in which the employment took place. Understanding the nuances of at-will employment can empower individuals to make informed decisions and take appropriate action when faced with discriminatory treatment or wrongful termination. By dispelling misconceptions and recognizing their legal rights, employees in at-will states can seek the legal help needed to address unjust employment practices effectively. In This Episode (00:00) Debunking the At-Will Myth (02:47) The Difference between At-Will and Right to Work. (05:30) Seeking Legal Guidance Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Winning "He Said, She Said" Cases: How to Craft a Compelling Narrative 11:00

1 year前11:00

11:00

One of the biggest misconceptions that keeps individuals from seeking legal help in employment cases is the belief that "he said, she said" cases can’t be won. It’s a common assumption that without concrete evidence or witnesses, it's impossible to prove misconduct in the workplace. Tom debunks this fallacy and shares strategies for pursuing these types of employment cases. Many people believe that "he said, she said" cases, particularly in cases of harassment, are impossible to win because of the lack of concrete evidence beyond the testimony of the victim. However, your testimony as the victim can be a powerful and compelling piece of evidence when presented correctly. Drawing on his experience as a prosecutor, Tom vividly illustrates the power of testimony in shaping the narrative and persuading judges or juries. He demonstrates how slowing down the action and meticulously narrating the sequence of events can effectively sway the outcome in the victim's favor. Tom emphasizes that the strength of the victim's testimony can serve as a potent force in establishing the credibility and validity of their claims, dispelling the notion that concrete evidence is the sole determinant of case success. He also shares additional strategies for building a compelling case when you have limited evidence. With the right approach and the support of experienced legal representation, you can overcome the challenges surrounding "he said, she said" cases and get the justice you seek. In This Episode (00:00) Why thinking you can’t win a “he said, she said,” case is a misconception (03:12) How to break down your story and create a persuasive narrative (08:23) Why witnesses can be valuable to your testimony even when they didn’t see the actual event (10:07) Getting legal help to tell your story Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Specialized Aspects of Workplace Law: Workers’ Comp and Disability Cases 11:12

1 year前11:12

11:12

What do you do when your employment case goes beyond discrimination or wrongful termination? Who should you hire when your case crosses over into specialized areas of employment law like workers’ comp or disability? If an injury occurs in the workplace, it falls under workers' compensation laws. This is a highly specialized area of law and usually isn't handled by attorneys who primarily focus on wrongful termination or discrimination cases. Workers' comp attorneys handle claims related to workplace injuries and are well-versed in the intricate legalities involved. It's important to engage a lawyer with expertise in this specific area. The second area that is workplace related but involves matters often not handled by the lawyer that will do your discrimination case are disability claims or long and short-term insurance matters. Long-term disability often gets into an area of law called ERISA, the Employment Retirement Income Security Act. ERISA is a very technical area of the law. Dealing with insurance policies, short or long-term disability, and ERISA requires expertise and in-depth knowledge of this legal niche. It's important to note the potential crossover between workplace disability claims and claims under the Americans with Disabilities Act (ADA). Cases where short or long-term disability claims intersect with ADA claims can become complex and require attorneys with specialized expertise in both areas. Understanding the nuances and complexities in these situations is essential to navigate the legal landscape effectively. Talk to a legal professional if you aren’t certain about the category of your case. Attorneys involved in discrimination cases often have referrals to attorneys practicing in these specialized areas. You Will Learn 1️⃣ Why an employer might prefer a workers’ comp case to an ordinary discrimination or wrongful termination case 2️⃣ What types of cases usually require an attorney with a specialized practice area 3️⃣ What is ERISA (Employment Retirement Income Security Act) 4️⃣ Why understanding the potential crossover between disability claims and claims under the Americans with Disabilities Act (ADA) is crucial for effective legal navigation 5️⃣ When to seek guidance from legal professionals practicing in a specialized area of employment law Links and Resources https://www.avvo.com/ Check with your local bar association for referrals Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
Deploying the Discovery Letter: A Tactical Alternative to the Demand Letter in Employment Law Cases 11:58

1 year前11:58

11:58

You’re fired up and ready to go tooth and nail after your former employer, but is that the best strategy? Will it get you the best possible outcome? Strategic choices can make all the difference in the outcome of your employment-related case. In previous episodes, Tom has talked about the role of the demand letter in litigation. In this episode, you’ll learn about a strategic alternative - the discovery letter. While both serve as initial contacts with an employer or former employer in legal disputes, they carry different implications and potential outcomes. A demand letter has long been considered the classic starting point in personal injury or employment-related legal disputes. It involves your attorney crafting a letter to the company, outlining the alleged wrongdoings, and concluding with a clear demand, such as a settlement figure or specific actions. This traditional approach is often effective but carries a level of uncertainty. Employers may choose not to respond. Then what? A discovery letter takes a more inviting approach. The attorney still sets forth the facts and legal concerns, but instead of concluding with a demand, it serves as an open invitation for the employer to respond and share their perspective on the situation. Discovery letters are often much shorter than demand letters. This brevity not only reduces the time and resources required for preparation but also enables quicker deployment. For individuals seeking resolution without undue delay, especially when facing financial strain, a discovery letter can offer significant advantages. You Will Learn 1️⃣ What tactical considerations should be considered when deciding between a demand letter or a discovery letter 2️⃣ Why a discovery letter can be a more cost-effective approach 3️⃣ The potential advantages of using a shorter, less aggressive approach like a discovery letter rather than a comprehensive demand letter with attachments and a large financial demand 4️⃣ How a discovery letter might provide early insights and initial discovery into an employer's position and evidence Links and Resources Listen to the complete podcast series on the private litigation process to learn what to expect at every stage. https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

The Spiggle Law Firm Podcast

1
What Happens After Summary Judgment: Understanding the Trial and Appeals Process in Private Sector Litigation 26:42

1 year前26:42

26:42

You’ve made it through summary judgment; now what? This episode wraps up our series on the litigation process in the private sector. Previous episodes have covered the steps of the litigation process, from filing the complaint to the answer, the motions to dismiss, and the discovery process. Now, Tom will guide us through the final steps of the process, specifically focusing on the trial and appellate process. Tom highlights the practical realities and legal technicalities of the trial and appellate process. He gives an in-depth analysis of how these processes function and what they mean for the litigants involved. This episode centers on what to expect when a case reaches the trial stage and the potential appellate implications. Key Takeaways: Surviving Summary Judgment: After surviving summary judgment, the likelihood of going to trial is relatively low, with many cases settling at this stage. The momentum for settlement arises from various factors, including the unpredictability of trial outcomes, the potential burden of attorney's fees on the defendant, and the desire to avoid negative publicity. However, for cases proceeding to trial, the process is meticulous and involves strategic preparations. Preparations for Trial: At the onset of trial preparations, extensive work is directed towards compiling exhibits and meticulously preparing motions in limine. Exhibits play a crucial role in presenting evidence, and preparing binders for the court is a considerable undertaking. Simultaneously, filing motions in limine becomes crucial in excluding potentially damaging evidence from the opposing party. Jury Trial and Bench Trial Distinctions: Understanding the differences between a jury trial and a bench trial is pivotal. While both share similar rules and procedures, jury trials necessitate additional considerations, such as proposing jury instructions. These instructions become integral in guiding the jury on the elements of the case and can significantly impact trial outcomes. Jury Selection and Trial Proceedings: The jury selection process involves critical evaluations, with both sides granted the opportunity to question prospective jurors. Considering the potential impact of jury instructions and the dynamics of trial proceedings, the stress and unpredictability of trials become apparent. It is essential to prepare for unexpected developments and understand that setbacks during trial do not necessarily equate to losing the case. Post-Trial Considerations and Attorney's Fees Litigation: Upon obtaining a favorable verdict at trial, a secondary phase of litigation might unfold in cases where fee shifting is applicable. This litigation involves determining attorney's fees and negotiating with the opposing party. This phase significantly impacts the final resolution of the case and requires thorough documentation and legal arguments. Insights on the Appellate Process: Tom explains the appellate process, emphasizing that appeals are typically addressed post-trial and are subject to judicial processes. The distinction between trial and appellate courts in the evaluation of evidence and the focus on matters of law rather than factual determinations is highlighted. Impact of Appellate Proceedings on Case Resolutions: Understanding the impact of appellate proceedings on overall case resolutions is imperative. Tom explains the complexities of appellate litigation, emphasizing the appellate court’s role in rectifying erroneous trial outcomes and ensuring fair resolutions. Listen to the complete podcast series on the private litigation process to learn what to expect at every stage. https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Links and Resources Podcast Series on Navigating the Steps in the Litigation Process https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series Sign up for the Career Rocket newsletter www.TheCareerRocket.io Connect with Tom Spiggle https://spigglelaw.com/ https://www.linkedin.com/in/spigglelaw/ https://www.youtube.com/@Spigglelaw/videos https://www.facebook.com/spigglelaw https://twitter.com/tspiggle Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.…

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The Spiggle Law Firm Podcast

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