I Got Fired

When dealing with a wrongful termination or compliance case, the WARN Act is often effective and used to evaluate the legality of the case. In this episode, Jessica Childress, managing attorney of the Childress Firm PLLC, explains what the WARN Act is and what triggers its effectiveness. Tom Spiggle and Jessica discuss how to know whether or not you are subject to the Act and how you can leverage it as an employee or employer. Join Tom in this conversation to learn more about how the WARN Act may benefit you.

Show Highlights:

• What is the WARN Act and what is it for
• How to know whether or not your layoff is subject to the WARN Act
• What is a WARN notice supposed to include
• Employee rights within the workplace to discuss with peers
• The requirements for the WARN Act to be effective in businesses
• What is a "mini" WARN Act or states different versions of WARN
• Federal Causes of Action when the WARN Act is violated
• What benefits can you receive from a WARN Act lawsuit
• How to bring a claim under the WARN Act

Links:

Contact Tom:

https://www.spigglelaw.com/podcasts/parents-at-work/

For a copy of "You're pregnant, You're fired"- [email protected]

Contact Jessica:

(202) 204-2200

[email protected]

https://www.thechildressfirm.com

Resources:

https://www.nela.org

https://www.dol.gov

With the many economic shifts that are currently happening, it's important to stay informed and active in your job searching. Today's guest, Mark Anthony Dyson, is a professional career advice writer with an array of insight on the industry and how to find opportunities. Mark shares how you can participate in online discussions, resources to network, and how to expand your reach. Join this conversation with Tom Spiggle and Mark to learn more about the benefits of participating in online communities and how you can find job opportunities.

Show Highlights:

• How is the current pandemic affecting the job market
• The importance of maintaining conversation during distancing
• How to get into jobs with low point entry and still get good pay
• How to keep up with relevant pay and hiring data
• The importance of staying active and joining industry groups
• Virtual networking events and utilizing online discussion boards
• Strategies to stand out to employers and the importance of follow-ups
• Platforms to connect with employers and get job information
• Making job searching a lifestyle

Links:

Contact Tom:

https://www.spigglelaw.com/podcasts/parents-at-work/

For a copy of "You're pregnant, You're fired"- [email protected]

Contact Mark:

https://www.linkedin.com/in/markanthonydyson

https://thevoiceofjobseekers.com/voice-job-seekers-podcast/

Resources:

https://remote.co

https://www.flexjobs.com

https://www.job-hunt.org/work-from-home-jobs/work-from-home-remote-job-tools.shtml

www.payscale.com

https://www.glassdoor.com/index.htm

Divorce not only impacts your emotional and family life but can shift your work and daily life immensely. When going through a divorce, it is possible that those emotional shifts can drastically affect your work and financial situation. Today's guest, Jenny Bradley, is a lawyer for Triangle Smart Divorce and is an expert on the complexities of divorce and remarrying with children. She discusses how divorce can impact an employment law case and how to keep divorce as private and seamless as possible. Join Tom Spiggle in this conversation to hear more about how you can maintain your career when going through a divorce and to further understand the leverage available to you in different employment law case circumstances.

Show Highlights:

• Who is Jenny Bradley and what she does
• What you should do if you've been wrongly fired due to going through a divorce
• How a nondisclosure agreement would affect a divorce
• Procedures to keep divorce as private as possible
• The benefits of making a financial plan with your spouse as opposed to taking it to court
• Finding a job within a non-compete agreement
• How to determine what's important to share with your lawyer
• The importance of affidavits in employment cases
• Different angles to approach when the ex-spouses are also business partners
• Leverage you could have in a non-compete agreement

Links:

Contact Tom:

https://www.spigglelaw.com/podcasts/parents-at-work/

For a copy of "You're pregnant, You're fired"- [email protected]

Contact Jenny:

https://trianglesmartdivorce.com

https://www.linkedin.com/in/jennybradleyatty

Transitioning into a new job can take plenty of time, consideration, and planning. No matter what the circumstances are, it's important to evaluate your current situation and goals going forward realistically. It can often be difficult to do this on your own, and that's where Jason Levin comes in. Jason is a career coach, counselor, and founder of Ready Set Launch. Jason helps people who have recently been fired or left their jobs transition through the different phases from layoff to a new career. Jason shares many tactics to leverage your networking and efficient job search in this conversation with Tom Spiggle.

Show Highlights:

• What got Jason into career coaching
• What a market place looks like and what people should look for
• The importance of processing a layoff before going into the market
• The difference between a fit, budget, and competency layoff
• How social media has impacted job searching
• Strategies to get your resume noticed
• Finding great references and the importance of using positive body language for interviews
• Incorporating things that bring you energy and happiness into daily life
• How to decide whether or not you should take your first offer
• Why you should schedule reminders and follow-ups with employers
• Navigating the urge to become an entrepreneur
• Being self-aware about what you want in your career and workplace
• How age can impact job searching

Links:

Contact Tom:

https://www.spigglelaw.com/podcasts/parents-at-work/

For a copy of "You're pregnant, You're fired"- [email protected]

Contact Jason:

[email protected]

https://readysetlaunch.net

Today's show is another one in the series of podcasts that we created specifically for federal employees. These shows focus on the rights of federal employees, and also on tactics they can use if they are in trouble at work. Today, and for the following several shows in the series, we are pleased to have Rob Porter joining us. Rob is an attorney in our office with years of experience working with federal employees. On the show today, we are going to give an overview of the legal landscape of federal employees and we will be focusing specifically on how this differs, in important respects, from that of people employed in the private sector. Listen in today to find out what Rob has to share about this topic.

Rob is a law graduate from the University of Chicago and he has been practicing law for more than ten years. For the past five or six years, he has been working as an employment lawyer, representing employees in the DC area where much of his time was spent representing federal employees. Listen in to find out more.

Show Highlights:

• Rob explains the main difference between the experience of federal employees and that of people employed in the private sector.
• The kind of rights and protection that federal employees have.
• How the constitution applies differently to federal workers and to those employed in the private sector.
• Why federal employees are different than private sector employees.
• The first amendment rights of the employees who were fired for attending the Charlottesville protests.
• The first amendment does not apply to private sector employees, so private employees can be fired for the things they say.
• How the first amendment restricts the government from limiting the speech of its employees.
• Rob explains what the EEOC (Equal Employment Opportunity Commission) and the MSBP (Merit Systems Protection Board) processes are.
• What happens at an EEOC hearing.
• How an EEOC hearing differs from one in the private sector.
• How the MSBP process, which is exclusively for government employees, works.
• When a federal employee can actually be fired.
• What a lawyer needs to know when representing an employee from the private sector, as compared with representing a government sector employee.

Many Federal employees may find themselves drawn into an OIG investigation. The OIG is Office of Inspector General and every federal agency has one. They are housed within each agency but supposed to function independently from the agency. OIG's are powerful within each organization and they can investigate waste, fraud, and abuse within an agency. Once an investigation concludes, the OIG can refer a case to a prosecutor in the event that criminal charges are being filed. If you find yourself in a position of talking to an OIG agent without a lawyer initially, you may want to tune in to understand your next steps with Tom Spiggle and guest, Sara Kropf.

About Sara Kropf:

Sara is an experienced trial lawyer who defends both individuals and companies. Before starting her firm, she was a partner in the Washington, DC office of Baker Botts LLP, where she represented both public and private companies as well as individuals. Her clients are often accused of serious wrongdoing, such as fraud or conspiracy, and many are targeted by the Department of Justice and the Securities and Exchange Commission.

Show Highlights:

• What OIG is and why you should care
• The Difference between an OIG investigation and discipline from your supervisor
• Most agents are friendly
• Warnings for an OIG investigation
• Whether or not you should get a lawyer during an OIG investigation
• The crime of making an unintentional false statement
• Finding a lawyer with a white-collar criminal defense record
• Outcomes and penalties of an OIG investigation
• Fifth amendment rights and asserting them
• The amount of time put into an investigation
• Publishing findings
• Employment investigations that turn into OIG investigations
• Using third parties for information
• What happens if you quit during an OIG investigation
• Government contractors with OIG

Resources:

Www.Kropflaw.com

grandjurytarget.com

https://www.nacdl.org

If you are a federal employee that loses a job, you have some very specific rights to ensure that you are treated fairly and that your termination was consistent with agency policies and procedures. If you feel that policies and procedures were not followed, then you may have an MSPB case on your hands.

Most people have heard of the EEOC. It's a federal agency that helps field complaints about discrimination in the workplace, retaliation and other injustices in the workplace. However, the MSPB (Merit Systems Protection Board) is a lesser-known entity that deals with the rights that federal workers have to due process. If you are fired, removed or suspended under certain circumstances, you may be able to file an appeal with the MSPB. Then you are entitled to a hearing to determine the validity of your complaint.

The MSPB is able to investigate whether due process has been followed in the termination. Clearly, these procedures mimic the legal systems, but they aren't actually part of the court system. You don't have the right to a jury, but you do have the right to have your complaint heard by an MSPB judge, who is also a Federal employee. It's much more user-friendly than the EEOC. Listen in today as Rob Porter answers all your questions today!

Show Highlights:

• What MSPB is
• The difference between MSBP and the EEOC process
• How your fifth amendment rights are implemented
• How does an individual get to the MSPB
• How to file a complaint
• Specialized court for federal employees
• The easiest and cleanest way to win an MPSB case
• The difficulties of winning a case without a lawyer
• What happens after the initial conference with the judge
• Minor pitfalls that can harm your case unintentionally
• What happens after deposition
• Preparing for the pre-hearing
• How a hearing is executed
• The difference between a chapter 43 and 75 case
• How a judge rules on the case
• Factors that decide if you can get reinstated after an MSPB case

Resources:

Spiggle Law

On today's show, we're continuing our series on discrimination claims and the Equal Employment Opportunity Commission (EEOC). Joining us on the show is one of our own-- Winthrop Hubbard of Spiggle Law Firm, who previously worked inside the EEOC and can give us insights. On part 1 of the series, we took a look at the broad view on how the EEOC operates, in part 2 we dove into the details on how to file a charge for a discrimination claim. This episode focuses specifically on the top 10 mistakes people make when filing a discrimination claim with the EEOC so you can avoid them in your own process.

If you feel like you're on the receiving end of wrongful termination or workplace harassment due to discrimination, this is an important episode to tune in to so you know how soon you need to act and what steps you can take to protect yourself.

Originally from Washington state, Winthrop Hubbard is a graduate of University of Georgetown Law. He is currently working at Spiggle Law Firm and previously interned with the EEOC, in the private sector intake, during his time in law school.

More in this episode:

• The top 10 mistakes people make regarding filing a charge with the EEOC
• The statute of limitations that exist for discrimination claims
• How to know if you've correctly filed a Form 5 with the EEOC
• Defining "retaliation" in the workplace
• When and why you should file an amended Form 5
• Why you should consider taking an in-person interview
• How the mediation process works
• How to dispute allegations from your employer
• Why you should make a good impression with everyone you meet at the EEOC

Links mentioned in the episode:

Listen to Parts 1 and 2 on the EEOC here

Spiggle Law Firm

EEOC - Equal Employment Opportunity Commission

On today's show, we're continuing our 3-part series on discrimination claims and the Equal Employment Opportunity Commission (EEOC). Joining us on the show is one of our own-- Winthrop Hubbard of Spiggle Law Firm. On part 1 of the series, we took a look at the broad view on how the EEOC operates, but in this episode, we'll be diving into the details on how to file a charge for a discrimination claim. If you feel like you're on the receiving end of wrongful termination or workplace harassment due to discrimination, this is an important episode to tune in to so you know how soon you need to act and what steps you can take to protect yourself.

Originally from Washington state, Winthrop Hubbard is a graduate of University of Georgetown Law. He is currently working at Spiggle Law Firm and previously interned with the EEOC, in the private sector intake, during his time in law school.

More in this episode:

• The specific details on how to file a discrimination claim with the EEOC
• What a Form 5 charge is, and the ways you can complete one
• What specific information you should include in your claim
• Why it's better to be specific, but brief, with your initial EEOC claim
• The most commonly-reported discrimination claim
• What you need to know before being interviewed at the EEOC
• Why you should consider EEOC mediation with your employer
• Tips for having a successful EEOC interview
• Internal insights on the EEOC's claim filing processes
• How to request your right to sue if the process is taking too long to resolve

Links mentioned in the episode:

Spiggle Law Firm

EEOC - Equal Employment Opportunity Commission

MWELA - Metropolitan Washington Employment Lawyers Association

On today's show, we're starting a 3-part series on discrimination claims and the Equal Employment Opportunity Commission (EEOC). Joining us on the show is one of our own-- Winthrop Hubbard of Spiggle Law Firm. If you feel like you've on the receiving end of wrongful termination or workplace harassment due to discrimination, this is an important episode to tune in to so you know how soon you need to act and what steps you can take to protect yourself.

Originally from Washington state, Winthrop Hubbard is a graduate of University of Georgetown Law. He is currently working at Spiggle Law Firm and previously interned with the EEOC, in the private sector intake, during his time in law school.

More in this episode:

• What the Equal Employment Opportunity Commission (EEOC) is
• The process employees go through when filing a discrimination claim with the EEOC
• The 2 ways you can file discrimination claims and how long you have to do it
• The benefits of filing with either your state/county agency or the EEOC
• How filing an EEOC claim as a federal employee is unique
• What legislation protects employees from discrimination in the workplace (Title VII, ADA, ADEA, and GINA, Equal Pay Act) is and their places in discrimination claims
• How to find out if you're covered by the EEOC
• How to know whether or not your employer needs to abide by the EEOC and Title VII protections
• What a joint employer relationship is and how it's impacted by the EEOC
• What the EEOC doesn't oversee or enforce, and who does
• What you can do if your statute of limitations is exhausted

Links mentioned in the episode:

Spiggle Law Firm

EEOC - Equal Employment Opportunity Commission

Avvo

DOL - Department of Labor