By Tom Spiggle
The podcast currently has 60 episodes available.
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?
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Fired? Afraid You Might Be? Use Legal Leverage to fight back against your employer and win on your terms
Connect with Tom Spiggle
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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 podcast currently has 60 episodes available.