Eastman on

Defending Your
Ernployee Rights

Protecting Your Employee Rights

from Ernployer Abuse, Exploitatioll,
Fraud and Wrongful Terminations

J.D. Eastman, Esq.

 kwamr
c1.: 1C32 Peyton Strent
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EASTMANON
DET'ENDNNGYOUIR
EMPLOYIEtr, ruGHTS

Protecting Your Employee Rights from

Employer Abuse, Exploitation, Fraud and
Wrongful Terminations

by

J. D. Eastm?[, Esq.
 Copyright @ 1997

Northern Star Publlehlng

Sparta, NJ 07871
 Preface
Flrst Edltlon

Finally, ln your handg you have THE BOOK that putr you
back lnto control. Thla lr the book that no employer, their human
rotourcoa or thelr lawyere want you to havel You will now
become "forewarned and thua forearmed." Use thls lnformatlon
wleely and with the consultatlon of an attorney ae per tho
dlrclelmer.

We want you to know there are adequate laws to protect

you rnd your lnterests ln the workplace. We know that many
pcople get depresged and angry and that gometlmeg leadr to
vlolence. Thlr la becauce people do not recognlze thelr optlonr.
You rhould lmmedlately stop worrylng and dlopose of any ldcer
thet may regult ln you hurtlng yourself or anyone else. All you
ncrd la to know and understand the employment related lawr and
thet they exlgt to legally protect you. We will ghow you how they
work, when you need to lnvoke thelr protectlon and how to
obtrln that protectlon.
The lawe can be confuglng and there are tlmee when you
murt rroo a lawyer and/or a legal profeaslonal. Very often fult
undrrntandlng a few key elementr of the law will help you
trcmendoualy. The reagon you mey neod a legal profeselonal lr
thrt your state may have laws that are enhanced or stronger thrn
thr hderal leglslatlon, lewr or acte pasaed by Congresr thet
protrct employeec.
Whenever you have any legal quectlon alwaye, speek to
a hwyrgr or attorney or legal profecalonal ln your atate. Moet ll not
all wlll anrwor your baslc questlonr free of charge in helplng you
docldo whether you have e caae or need thelr help. Other sourcta
of lrrc lnformatlon are your court houge llbrarlan, law school
llbnry and the many dlfferent clvll rlghtr agencles ln your locrllty.
The author ltg publlaher, and agente aaaume no lcgrl
llablllty of any type from anyono relylng on the informetlon
contrlnod ln thlg book. Agaln, the lawe vary from state to atrtr,
chrnge lrom day to day and you muat alwayc immediately conrull
an rttorney ln the event of any percelved or real wrongdolng
agrlnet you.
ii
 Disclaimer
Iby purchaalng, readlng, uclng and/or keeplng thla book agrrc
to rclcare the author and/or any agentg or representatlvea end
enyono afflllated wlth thlr book and/or ltr contentr totally of any
clelmr that I have basad on the rellance of the lnformctlon
contelned ln thla book. I aleo underatand that lawg vary from
rtatc to state and I agree to conault wlth an aftorney beforlt
procredlng wlth any legal actlon.

iii
iv
 Preface
Dleclalmer
Contents
lntroductlon
About the Author
lndex

CONTENTS

Chrpter 1. Endlng Employer Abuee, Exploltatlon, and Fraud

Thr Problem: Plaln and Slmple to the Polnt

Capltallsm at lt Best and Worst
Employer Vlolence Agalnst Employeea
Vlolent Retallatlon
Another Problem:
The Percelved PowerlesaneEs of Employeeg
Rccrnt Hletory of Corporate Exploltatlon of Workerr
Congresslonal Actlon to Protect Workers
Companlea Adopt New Strateglec to Explolt Worken
You Are Golng to Learn How to Help Yourtelf

Chrpter 2.The Workplace and Corporate Cultures

Bcfora Applylng: Learn About the Employet

Thlr Job a "permanent posltlon"?
New to the Workplace?
You've Been Around Already
You Hevc Declded to Take the Job
Gcttlng to Know your Employer
It'r Goalr and Values
Your Now Company'g Attltude Toward Thelr Employeea
No Old Facer Around? You the Oldert One There?
Notworklng wlth Employeea
Thr Corporate Underground
Rellglour Groupo
Cultural Groups
Raclal Groupe
Sport Groups and Clubs
Other Groups
Koap your Eyee and Earg Wlde Open
Loolt ln the Waste Basket

v
Chapter 3. Rlghts of the Employar

You Have No Rlght to Your Job

No Reason Needed to End Your Employment
The Doctrlne of "At-Will Employment"
Logal Reagons for Terminatlon
Actlvity That Will Reeult ln lmmedlate Terminatlon
Progresslve Dlsclpllne to Dlscharge
Understand Your Company's Rules of Employment

Chapter 4. Rights of the Employee

Your Baalc Rlghte at the Workplace
Lawe Protecting You From Discrimination
Safe llUorkplace
Worklng Condltlon
Threate at Work
Freedom to Exercise Legal rlghte
Exceptlons to At-Wlll Employment Doctrine
No Retallatlon for Exerclelng Legal Rlghts
Federal and State Whlstle blower Laws
Legally Protected Actlvity
Publlc Pollcy Vlolatlons
Contractual Agreementg-Wrltten or Oral
Company Pollcy
Employee Handbook
lmplled Contract When No Wrltten Contract
Protected Claso Clalm Under Tltle Vll
Gettlng Ready to Exerclse Your Rlghta

Chapter 5. Employers Acting to Deny Employee Rightr-tlotlvm

Oroupthlnk: The Cult of Management

Bellefg, Characteristics and Behavior
Characterlstlce of Groupthink
Logal and Conslderatlona for the Employee
Between Employee and Groupthlnk - Strategy and Tactlct
Ernployee Selection for Terminatlon and Groupthink
Weakeet and Meekeet Flrst
New Amerlcang
Mlnorltles
Nlce Persons Next
Groupthlnk Actor ver8u8 Employee
Selectlon Teetlng

vi
Chepter 6. So You Think They are Setting You Up for Termination?

Thc Players
Executlves
ln House Counael/Attorneys
H.R. Repreeentatlves
Managerc
Supervleors
Coworkerg
Humrn Regources
Why la there an H.R. Department?
Whet are Clues: You Have been Targeted
Employere Bulldlng a Case Agalnat You
Documentatlon by the Employer
Termlnatlon Day - Month, Day and Hour-All Planned

Chrpter 7. What to Do When You are Sure You are on Thelr Llet
Crretc Contlngency Planr
Plannlng Your Reeponse
Do Nothlng Stay-Let lt Play ltgelf Out
Qult and Look for a New Job-Don'tl
Stay and Defend Your Pogltlon
Malntaln Your Rlghtr and Sue Them All
Socrota of Succesgful Legal Actlon
Documentatlon
Tlmlng
Sue For Your Legal Coets

Chrpie r 8. Recognlze The Employer'g Strateglc Plan

Plrnr Companleg Use

The Documentatlon Plan
Don't Play lnto thelr Handc
Do not allow Them to Degtablllze, Cafole, or Mlslead You
Do not be Lulled lnto a Falae Sense that All ls OKI
Do not Truet Anyone
Tholr Moat Common and Effectlve Strateglc Plan
The Performanco Attack

vil
Chapter 9. Developing Your Defenslve Strategic Plan

What is it?
Why have it?
Legal Theory: Development of Your Strateglc Plan
Setecting and Applying the Correct Legal Theory
Statutory Vlolations- Federal & Stata
Torts
Defamation: Slander and Llbel
Criminal Liabillty
Drawing Your Employer into Your Legal Plan
Uring Simultaneous and Multiple Strategles
Example Plan in Actlon
Designlng and Developing You Plan
You Have Chogen Two Legal Theorieg
Your Defengive Otfenglve Move
Class Actione - Pure Power and Pure Joyl
Staylng with the plan

Chapter 10. What ls a Tactlcal Advantage?

Obtalning the Tactlcal Advantage

Flrst Strlke and Your Counter Strlke
Tactlcal Offense as a Necossary Defense
Diverelonary Tactlcg and Lawful Complaints
lnvoklng At-Wlll Employment Exceptlon Protectlon
Tectlcal Arsenal: Documentatlon
Daily Records
Follow up Verbal Meetlng with Written Confirmetlonr,
Use Electronlc Mall
Make Tape Racordlnge

Chapter 11. Respondlng to Tactlcal Moves by Employer;

ldentifying Employere Tactlcal Errors

Employer lgnoreo Your Legal Clalm
Ur ing their Errors to Your Advantage
Harassment and lntimidation
Great Defenee Against Employer Abuse
The "Reasonable Man" Test for Merits of Complrlnt
Recognizlng Where They are Vulnerable
Their Failure to Document

vtil
Chapter 12. The Employer ls About to Move in on You

Tactlcal Preempttve tllloves by Yout

Legal Theory and Flllng Tactlcal Legal Complalnts
lnvoklng Legal Protectlon-Just Cause for Termlnatlon
Rlpeneae- The Rlght Tlme to Act
Burden of Proof and Prlma Facle Case-Dlgcrlmlnatlon

Chrpter 1 3. Termlnatlon Day Scenarlo-Unexpected

Thr Year, Month, Day and Hour of Termlnatlon

Termlnatlon Proceas
Thelr Explanatlon Why You are Belng Termlnated
Severance Agreementc and Releases
"Slgn Here Pleaee"
Coerced Slgnaturec
Fra udulent Termlnatlon
Flghtlng Fraudulent Termlnatlons

Chrpter 14. Methode of Closure

Stlpulated Settlement
Arbltratlon
Jury Trlals
Bench Trlalr
Compcnratlon or Belng Made Whole Agaln
Monetary Awarda
Loet Wager
Rcturnlng to Your Job- Retallatlon and C.R. Casec

Chrpior 15. You Declds You Really Want to Leave

Nogotlatlng a Severance Package
Medlcal Benefltr for You and Famlly
COBRA
Salary Contlnuatlon
Job Placement Servlcer
Retralnlng
Unemployment Benefltr
Are You Ellglblo for Rehlre?
Letter of Recommendatlon

tx
Chapter 16. You Want Jugtlce and Want to Lltlgate
Ceuses of Actlon
Statutes of Llmltatlong- Tlme When you Muat Sue
Where to Flle- Agenclee and Courtr
Worker's Compehgatlon Law
ployer .an.d
Ernolover
Ern Workplace Torts
and Wo_rkplace Tot
Crlmlnal Wrongd
Emolover Frauo
Employer
EmDlovr Fraud ano
iand M
Defamitlon or Slander
lnvaelon of Prlvacy
Aesault and Batterv
Negllgent Traln lng bf Supervlgotl
Who to Sue
The Gompany
Sulng Your Supervleor or Manager Personally
Yes You Can take lt all from theml
Chapter 17. Uolng and Understandlng Attorneyc
Selectlng An Attorney
Prylng for Legal Repreeentatlon
Contingency Fees
Per Caee Gosts
How Lawvere Handle Emolovment Cagea
ldentlfyinfi ttre Correct t-egaffneory ln Your Case
Manaoino vour Attornev
- Wn'at your Lawyer Really Wantr
Reagonable Amount of Compensatlon
Chapter 18. Gettlng a Totally Free Lawyer for Your Catr
Crlmlnal Actlvlty by Employora
Flllng Cilmlnal Complalnts
Worklng with Prosecutort
Provlno vour Caee
Once You Wlnlfie Crlmlnal Gaae
Chapter 19. Once You Have Left Your Company
Flret Thlng You Do
How Do You Feel?
Take some to thlnk
Streac, Sadnesg, and Depression
Start looking for work
Future Expectatlons
Chapter 20. A Flnal Word about thls Book
The Power of Polltlcs and the Lawl
The Bloqegt Secret of them Alll
A Final'6lsctalmer

x
lhe admlnlstratlon of Justlce ls the flrmest plllar of governmenl.

George Wachlngton, Letter to Randolph, 1780

xi
xn
 lntroductlon

You are about to learn things you wish you had known a long
time ago or possibly you are extremely fortunate that you are young
and Just entering the workplace giving you a jump on us "old folks" that
have fust recently discovered corporate America's "dirty little secret."
After you finish reading this book, you will be lovingly known as "street
wisa' as this is what the human resource professional calls anyone
that knows their game. The problem has always been an unevn
playing field in that only one side ever knew the rules of the gam.

ti
You are golng to leern thc rulcr, tactlcr and atrategy of wlnnlngt

Can you imagine someone forcing you to play a high staker

gamc of chess for your home or your children's education without you
evor having played or knowing the rules and that they do? Maybe you
do know how the pieces move in a chess game but do you really know
how to develop a strategy that will result in you winning? Probably not
and lhat isn't fair, is it?

All that is going to change now that you are going to learn
tha rules or in actuality the laws of the game and how to make the laws
wotk for you! Once knowing the rules the game wlll almost alwaya
recull in a stalemate at worst and win at best. A stalernate il
conrldered a win in this game. Most of the corporate player; ara
che;rlers The people that cheat and commit fraud are guilty of crtmtnal
hehavlor and they will be dealt with separately in this book. Crintttt;rl;
wrll bo the biggest losers! You may even put individual superuisors or
msnriqrs in jail under certain circumstances as you will soon discovor

xill
 This book contains legal approaches used to justly defend
your personal, civil, employee and worker rights. The genesis of thir
work comes from federal and state statutes and common law This
book details how the law works and how it is applied. lt will teach you
the tactics necessary to win and help you develop a strategy that will
devastate companies exercising violent, fraudulent, and crlmlnal
practice and other unlawful activities associated with the workplacc
and wrongful practices and terminations by the employer.
Although this book's primary intended audiences arc thc
ernployees and workers in every state others may also find it uoeful,
Corporate in-house counsel, executives, managers, supervisorg, and
hurnan resource professionals will find it current and informatlvc,
Some employers using these wrongful practices will immedlatcly
bacome alarmed knowing there is nothing they can do to stop pcoplc
frorn learning and then exercising their rights. That is what thie lc what
this book is all about, the legal rights of employees. Companier wilh
a professional personnel policy will appreciate its content as thir book
clearly distinguishes between laMul and unlaMul employmont
practices.
This book also seryes to put on notice employoru that
continue the violent, fraudulent and criminal practice of denylng hard.
working Americans their fair and due share of the fruits of thsir lebor
and their "American Dream" and that they will have to pay eithsr clvll
or criminal penalties or both for their wrongful actions.
To those employers that are involved in that type of fraudulant
hiring, illegal practices and terminations should be assured thgt thorc
wrll be no more business as usual when it comes to abusing thc rlghlr
of employeesl

xiv
 About the Author

J D. Eastman, Esq. has a degree in law and other areas. He

has worked as an employee for four Fortune 500 companies in the
last 30 years during which he observed and studied personnel and
human resources practice. His other specialties are appeals and legal
malpractice.
His legal strategy and tactics will shock and terrify companies
that use fraudulent and wrongful employment practices. That is
because they were developed to be highly effective using the most
current legal means available. His plans, if and when followed wrll
result in you certainly coming out a winner in cases that involve
fraudulent or wrongful termination in violation of law. You will be able
to fight back with the strength and power that even a "dream team" of
employrnent lawyers can't even imagine existing. lf you use what you
will learn in this book you will hand your lawyer a certain victory. Tho
book will show you how to prepare a case against an employer that
the employer just can't win. lt will tell you how and why you can be far
moro powerful than all the lawyers combined.
Eastman does not advocate using these legal tactics for
revonge or "setting up" your employer for successful litigation becauss
beridos that practice being illegal it is also immoral and unethlcal
Eaalman considers himself a modern day legal "outlaw" in that the
"guerrilla wa/'tactics he has developed are considered purely legal
but rarely understood, observed, or applied and thus weakening,
confuaing, undermining and ultimately foiling the employer's wrongful
and fraudulent employment practices. Though these tactics aro
conridered to be outside the "acceptable" practice of law, they arc
legal
ln the final analysis, you will understand the law as it appllor
in a way almost no lawyer will explain to you for reasons that wtll ba
learned in this book. Once you know and use what is in this book tha
wrongful employers will wish they never heard of "Eastman on
Defondtng Your Employee Rights" or of J D Eastmanl Start by gettrngl
thit "ravolutionary" legal self help now by reading every word tn lhtr
bookf

/l'.s no mare buslness as usua/ for employers. You can encl tlttt
trlttt:;o, fmud and exploitation and then make them pay like they rtctvtrr
hava patd before with the information in this book! Even put soma ol
lltanr Ut jail or prisons as that is where they belong!

xv
 "Without Knowing the Law and What Your
Rights Are, there is No Law and You Have No
Rights"

J.D. Eastman, Esq.

YES, YOU NOW HAVE THOSE LAWS AND RIGHTS IN YOUR

HANDSI

BUT YOU MUST EXERCISE THOSE RIGHTS ANO INVcTE

THESE LAWS WISELY WITH AN ATTORNEYI

xvl
"-// :5'7F(n ,ili5'77('8',57I tll lU(./ P[tH5'l /f: "

D l:I t'l'r: R()N OMY I 6:20

xvii
xvnl
Chapter 1. Ending Employer Abuse, Exploitation, and Fraud

Tho Problem: Plaln and Slmple to the Polnt

Capltallsm at lts Beet and Worst
Employer Vlolence Againet Employees
Vlolent Retallatlon
Another Problem:
Thc Percelved Powerlessness of Employeeg
Recent Hlstory of Corporate Exploltatlon of Workerg
Congreeglonal Actlon to Protect Workera
Companlea Adopt New Strategles to Explolt Workerr
You Aro Golng to Learn How to Help Youraelf

Endlng Employer Abuge, Exploltatlon, and Fraud

There is a serious problem in the American workplace,

fraudulent terminations and the effect has been devastating on many
indlvlduals and families. lt has resulted in over a quarter of a million
lawsuits in the last decade costing billions of dollars. Even moro
importantly it has been costing the loss of many lives with the increase
of workplace violence associated with wrongful terminations. This book
examines some of the causes of the problem. lt also identifies soma
ol tho rnajor players involved, anSWerS some of the most important
queutlons people have when confronted with illegal terminations and
explain in an easy to understand language how and what laws there
ara to protect employee rights from employer fraud and exploitation,
What is most important, it is hoped that some of the readerl
will $e how to exercise those rights to end employer abuso,
exploltation and fraud thus ultimately eliminating some of the violancc
caurcd by this fraudulent activity and possibly saving jobs, careerll,
and llves

The Problem: Plaln and SlmPle

f he problems this book examines and its purpose is to prevant

employees and employers from becoming victims of a new and riaing
lile threatening phenomena at work. You have been hearing moro
aboul this threat every day, and it is the new American term
"workplace violence." Employees terminated from what they constder
thsir life-sustaining jobs and going in and killing their supervisorc,
managers and co-workers, These killings go targely under reported so
nol lo frighten the employer's management from their practiea ol
chaaling employeeg out of their jobs We also hope to prevent many
ernployir and employee relations reaching such critical levels.
Over the last few years I cama to realize there is an 6v$r
incraas ing danger in the workplace I became alerted one day As I

Ch lPg I
Bntered the main lobby of my otfice there were extra guards l'd never
soen before and then I noticed a police car pulling into the parking lot,
I wonder what's going on here? I later asked and was told there war
a "threat by an employee" and no other details. The next day I read in
the local paper that a former co-worker, a recently terminated
employee had just killed himself the night before. I began hearlng and
reading more about this new danger. Some of the stories and reporto
were frightening.

A recent report indicates that homicide in the workplace hag

become the fastest form of murder in the last seven yearlr and ktlllngr
have more than doubled in the last 10 years, Estimates are that morc
than 10,000 workers were killed at the workplace during thir parlodl

Why is this happening more now than before? Thsrc a fcw

answers some include the end of the influence of worker unlonr and
lhe evolution of the American economy displacing workerl in part
because of a technological shift from an industrial baac to an
information-based economy and possibly and mor6 irnportanlly
management's lack of understanding or caring of the ef{actr of
lerrninating workers and the process of termination may be Jurt tomc
of the many reasons,
ln my opinion getting to the direct heart of the problem lr thc
lailure by corporate management boards and their executlvcr to
recognize the cause of this form of violence and the activity that lcadr
to these killings. For the most part the executives at the top arr not thc
tergets of workplace violence because the employee rarely comrr lnto
contact if ever with these executives and they generally do not ldcntlly
tha executives as the source of their employer's practict, lfl lhr
ernployee's supervisor, immediate manager andlor the co-urorkcr ihot
r aspiring to become the next supervisor who at times consplrcr wtth
management (a.k.a. brown nosers) that gets killed. Ofton othor
innocent bystanders and customers also get hurt.

Ultimately the real answer is ignorance and careleaenar by

corporate America and it's management. Corporate executlver and
their lieutenants use fraud and conspiracy to terminate workert. Tha;o
activities are both acts of violence and are crimes and criminal aetu are
what they are. lt should not be a surprise to anyone that lhelo
ornployees respond a violent way to this type of illegal aetlvrty
Workers behave this way because of their inability to understan<l whnt
rt happening and how to respond to their perceived life thraalonrng
predicament, l, my family members and friends have all been vlclimr
of this type of corporate violence, theft, fraud, intimidation, liel and

Ch 1 Pg.2
deception. But we are just a few of the millions of hard-working
Americans that are being defrauded this way every day. Just ask some
of your neighbors and friends.

Capitallsm at its Best and Worgt

ln our capitalist economic system we have corporations hiring

employees to make a profit. There is nothing wrong with it, Capitalism
benefits everyone and for management lar more than others
Employees are given compensation for their labor and they in turn use
this cornpensation to provide for their families, their loved ones and to
live their lives in a productive society,
It is management's duty is to see that each worker produces
morG income for the company than the company pays the worker and
that it what is called productivity.
What has happened in the last decade is that companies havo
become top heavy with management salaries. Management includas
both executives, middle managers and supervisors. Companieg heve
meny levels of management so that when acts of fraud and conspiracy
aru cornmitted they use these managers to insulate themselves and lel
tho lowest of them take a fall if needed. The top managers era
interested in keeping their salaries as high as they can and keeping
thcir pension and company benefits plans in the best conditiona for
thsmrelves and not for the real producers of the SuccesB tho
companies have enjoyed-You, the worker. One of the ways cornpaniea
do thlc is by terminating employees before they are vested in th;ir
company's pension and benefits program or are there for a perlod of
timr where the worker may accrue a benefit package of any valuc'
Evcn rnore often just a yeat $ monthS before retirement. I have 36Il
it timt and time again. But before I go into more detail a bit of history

Employert Uclng Vlolence Agalnst Employees

llYrpt'E LaW Dlctlonary dafines violence as the "Untu* or

unwansnted aierciae of force.,..and/or.,..that forcs which iE ernployad
af,tlnrt ths common right, againet the lawe, and public liberty' How
Uittr ean you describi whal happens when an employee lo$Gr hi:
llvcllhood under fraudulent pretenses, lies, conspiracy and deceplion'
That; tactics used against employees by employers terminatlnq
dedlcerted employees creates an outrageous response by tha
wrOngfully terminated worker ln many cases these former employtler
feol ttetrayed, believe they are in a life threatening situation, antl tt1
exlrama cases become suicidal and/or homicidal. When an ern;:loyee

Ch tt'q 1
recognizes that their termination is so fraudulent and knowing that no
one can help they turn to violence sometime against themselveg but
most often targeting those who they believe are the causes of their ltfa
ending predicament. What was the only thing these violently
predisposed people do before this book became available?

Vlolent Retallatlon

Each and every one of us that is employed needs to bo awarQ

that we may become intentional or accidental victims of employcc
retaliation in the workplace. Recent stories include incidents in San
Diego, California where a General Dynamics worker killed hio
supervisor and wounded a human relations representative when hc
was fired after 25 years of service with the company. Another cacr in
San Diego at the Elgar Corporation a laid otf technician bombod thc
office and killed two executives, ln the Midwest in Mount Ploagant
Michigan a sports editor stabs his boss in the head with a sclalort,
These are just a few of the recent stories and they go on and on, Too
many of these stories just go under reported and unnoticed.
lf you know of someone expressing or exhibiting vlolonca
report that person to your employer and alert them to any thraatr,
Often these people will give warnings, lf the person is someonc cloEc
to you, you may wish to explain some of the legal options that thcy
may have, referring them to an attorney and preventing the poln and
violence that is often associated with wrongful employer actlvity, or
resulting in terminations whether the termination was justillablc or
wrongful

Another Problem: The Percelved Powerlesgnert ol

Employees

The reason that so many people turn to violence it thrt tfuy

clo not understiand that they have a nonviolent option. The rearcn thcy
don't recognize that option is because the general public ir lotrlly
rgnorant not of just their employee rights found in law but a tolal fack
of understanding of the law in any meaningful sense. Tha recent O J
Srmpson trial had very little to do with the law that 99 99% ot
Arnericans will ever experience.
You must understand the law. America for better or woruc hal
an expansive legal system, Law permeates every level of socicty and
business. There are legal specialties for any and everything you ean
lhtnk of including employment law. lt is the purpose of thlr book to
show you how to use the law in many cases that are commonly lound
rn the workplace that threaten you and your job security. Thia book rr

Ch 1Pg4
not intended for those who just collect a paycheck and don't do their
jobs and do not contribute their fair share to their employer's goals, For
you to expect to keep your job you must do your job to the best of your
ability and abide by your company's rules and policies.

Our government has created a large body of law to protect

employees by passing various employment laws. They are there to
protoct you from being wrongfully or fraudulently discharged so you will
nevar have to turn or resort to harmful behavior toward yourself, family
and others. These laws go back over a century and recently they wero
strengthened. Now a short history of law in the workplace.

Recent Hlstory of Corporate Exploltatlon

What is the source of the corporate polices that cause thir

workplace fraud and violence? Some will say it started and continuod
with a pattern of decreasing employee benefits and increasing
executive salaries and corporate profits began in the 1980s. Down
sizing, right sizing, out sourcing became the talk in corporate board
room everywhere. What all these terms translated into was people
loslng or having their benefits reduced and elimination of their Jobs,
Exccreive executive compensation like Walt Disney's Michael Eisner
who aarns reportedly more than $100,000,000.00 a year, in words that
is ona hundred million dollarsl! Who is worth that much?

Before the 1980s most big non-union companies required that

an omployee be there for ten (10) years before they were vested in a
penalon and retirement benefits program. This allowed companies to
hirc lrosh young people out of school that were enthusiastic, energetlc,
full ol hope and aspirations, healthy and believing that they are on
lheir way to enjoy the American dream. But much too often thcsc
young people were discarded approaching their 1Oth year.

Ch lllg 1
 Congresgional Action to Protect Employeeo

Congrerr Parrer Employment Dlrcrlmlnatlon Lawr

ln the early 1980s the U.S, Congress recognized that this wat
a national problem so Congress passed a law requiring that all
companies with pension plans vest their employees within 5 y;art,
The rationale was that it would cost the companies too rnuch to trarn
and then discard their employees in such a short time. But that practico
did continue but on not such a large scale. lnteresting to note that nnort
cornpanies when informing their employees of the changc in thc
vosting policy did not give Congress any or credit but made it appcar
as it was the company's good will that did it. The corporate conlrollad
media gave this important change in law almost no press coveragt, No
one mentioned the reason they were forced to change their pcnrlon
policy to this new five year period. But corporate America waa not lo
be outdone by Congress. They changed the game.

Companlea Adopt New Strategles to Exploit Workrn

Now that more people were entering the pension programr the
next corporate strategy was to keep them as short a period ol ltmc
where the companies return of investment was at maxirnum and lhe
omployees benefit costs was at minrmum. To do this cornpaRlet
started to terminate anyone that started to approach retirernent agc
using any pretense and tactics available to them. What ar you to do
lo prevent this from happening to you?

Ch. 1 Pg 6
 You Are Going to Learn How to Help Yourself

The first thing I learned is that no one in your workplace is your

friend the minute you are recognized as on your way out the door or
have been marked to go. The next thing is that there is not much any
law can do to protect you or any lawyer going to be to interested in
your claim before you are fired unless you have evidence lor a cass,
This book will help you identify when you have a case , and when and
how to use the evidence you are going to be collecting. You wtll
recognize evidence and know what it is, which of it is important and
how to document it. Once with evidence in hand you are going to
jujitsu the employer or use the evidence against those who are out to
defraud you of your legal rights under the law.
It is important that you know early on in this book that you mugt
file any legal action before they terminate or sever you from thc
comp.ny. lt makes it easier for you and far more difficult for them by
my eotirnate by a factor of tenl! Remember to strike first if you know or
strongly suspect a wrongful or illegal setup for termination. Putting
them on a defense throws off their offensel

Ch llrg /
 Noteworthy Legal Cltation :
il,htidr"/
The federal Worker uetment and RetralnlngfAct
Adf
requlrer employers wlth large layoffo or cloelngc to glvr thr
rffected employee 60 days advance notlce. There are ercoptlon.
to the law. Check with your state department of labor.

29 U.S.c. SS 2101 and 20 C.F.R. pt. 630 (10801

(wanN)

clh. 1 Pg. 8
Chapter 2. The Workplace and Corporate Cultures

Before Applylng: Learn About the Employer

thls Job a "Permanent Pogltlon"?
New to the Workplace?
You've Been Around Already
You Heve Declded to Take the Job
Gettlng to Know your Employer
It'r Goale and Valuer
Your New Company's Attitude Toward Thelr Employees
No Old Facec Around? You the Oldest One There?
Networklng wlth Employeee
Thr Corporate Underground-
Rellglous Groupo
Cultural Groupr
Raclal Groups
Sport Groupe and Clubg
Other Groupr
Kecp your Eyee and Ears Wlde Open
Looh ln the Waste Basket

The Workplace and Corporate Cultureg

Almost every employer big or small has a personality and a

character of is own. From department store in the mall to the local Fivs
and Oirne to America's largest 100 corporations. Generally what you
wrll dlrcover working for these companies is that they are all very
differcnt in their approach and attitude toward their employees To
som. companies you are a tremendous and valuable asset that thay
will invcst in for their and your long term success and then there ir the
otha group that just needs you for the time to get a part of thalr
bucincos plan completed. The later is usually guilty of fraudulent hiring
if they rnake promises that you will grow with them and that you arc
jointng their company that is highly successful and that if you slay
through these times that you would be rewarded. Then the day comet
and tha truth comes out that the employer lied and deceived you ln
evory way just to keep you as an employee, You are put out on tha
street without any warning, How could that have been foreseen or
prevented?

Ch 2l'g I
 Before Applying: Learn About the Employor

There are things in life few people get truly prepared for or
understand and one has to do where most of us spend the greatest
part of the time of our lives at and that is at work. We spend more time
there than we do with our families and loved ones. Having said that
should we not give ourselves a pre inspection of the caresr provider
alr we often wrongfully believe employers are. Some will say that a
career employer no longer exists even though we almost alwayo see
ourselves working continuously with our first employer, I share that
sarne belief, The fact is the majority of us will change jobs and carserg
at least three or more times in our lifetime, Some of those changer will
be due to economic shifts, political changes and the unpredictablc
technological changes that are certain to change the way and whore
we will work . There are many books written on the future but lew il
any give us an idea of what the future will really look like in our lifetlmc,

lg thlr Job a "Permanent Posltlon"?

No. Don't expect it to be and without a contract it almort wlll

n6ver be, So what should I do if I am really insecure about providlng
lor the future for myself and family? One tip and strategy I havs
ornployed is that the adage not to "put all your eggs in one baskefl hold
very true for the workplace. This means obtaining additionel rkill or
knowledge in areag unrelated that may still have sorne ryncrgatlc
mutually inclusive long term benefit,
A good example would be if you are a computer profccslonal
take the time and learn about another area such a3 financa,
professional services support in health and medicine or in law whtch
ia what I pursued and merge those skills. You may even want lo go lar
out to a unrelated area learning to be a plumber, electrician or auto
mechanic or some other self employed vocation. There are many lo
choose from. Think about it today. These may not sound very glorioua
positions but when you become economically or technologlcally
obsolete, it will be a skill in reserve that you can rely on.

New to the Workplace?

When you are you and fresh just out of school or collega rnott
companies will just jump up and snatch you up. Young workeri ars
paid less, cost less to insure, generally have good attendancc and
rnost of all are very optimistic about their futures. An oxeollsnl
rocommendation is that you talk to former employees and ask to rneal

(:h 2 Pg. 10
with some current employees or retirees. Look at the company's
financial statement and history and see how well they are doing.

You've Been Around Already

lf you are like me you've been around the track a few times for
somo of the reasons aforementioned. You may also have been a
victlm of wrongful or fraudulent discharge and exploitation. lf you
hava been this type of repeated victim it's because you just did not
recognize your rights as an employee or even as a human being a
citizen of these United States. That is not you fault. The powers with
the money don't want you to know what is in this book. Everything you
havcn't learned is in this book that you needed to know how to have
pravented the employer exploitation of the past. You will recognlzc
aftar reading this book how you were defrauded out of your last
position and what you could have done to prevent it and how you will
prevent it from reoccurring from now on. Now for another lap with a
new company but now fully trained and in shape to go the distancal

You Have Declded to take the Job

After investigating the company and you feel that what they arc
offering you might just be what you want and you accept their offar,
You may also be in a position where you haven't had a job in a whilo
and you really need this job so you decide to take the position out of
near desperation (of course you don't let them know that).

Gcttlng to Know Your New Employer-General Observatlonl

The first few days at you new job you should stail keeping you
ey6r open for things that the later chapters caution you to look out for
Ona of the first things is to notice your new company's attitude toward
their ornployees, Observe how employees communicate with aach
othar Do you notice a spirit of cooperation and exchange of busines;
cornmunication freely? Are people at ease saying hello? Do they makc
eyo contact? Do people walk around with their eyes and faces looktng
at lht floor? How about holidays is there any realjoy? All this speak*
for it*elf.

No Old Facer Around? You the Oldegt One There?

I've worked in places that when I walked in I was the oldesl tn

tha dapartment of a large 500 company. lt's a little awkward when you

Ch 2 Pg ll
have supervisors 20 years your junior and they are asking you how to
do thrngs, You most likely will discover they have been terminating
older workers aS a matter of policy, So what am I doing here? You are
there as a token for your age group and are not going to accrue any
meanrngful benefits that is why you are there. After about the third year
you may get a feeling that it's time for you to go but we will deal wtth
that later on. We will tell you exactly when you need to start to act on
their attempts to fraudulently separate you and how to deal with thego
crirninals. Fraud is a crime in every statel

Networking with Employees

n1
m
Be lound and Joln the corporatc undcrground.

You will find that there are a core of employees that havc bcon
wrth the company for longer than moet. These people have been living
under fear of termination for many years. The reason these psopb ara
there is because they may not be in a position that pays very much, ic
low profile and sometimes they are just very quite and not noticod or
overlooked. These people know the gossip and history of your ncw
cornpany. They are a valuable resource of the inside track of who tr
tloing what, who the power brokers are, who to be careful of and who
tha brown nosers back stabbers are. Needless to say thtr tr ,irll
important information. How do you get to know these people and g6t
them to confide in you and share this information?

The Corporate Underground

We have what I call the "corporate underground networkt"

This is probably a shock to most you that they exist but they do Them
networks exist in every organization although large organizallonl ore
aware of these underground groups and try to break the up by movtng
prsonnel inter-departmentally and relocating them. That doer not pul
an end to them as most of the members of these networkt now
eontinue to communicate via phone, e-mail or after houru $oeially
lhere are many common denominators that bring thesa peopla
te4;ether some are very recognizable others are less than obvtoul tlut

0h 2 Pg, 12
oncs you are aware of them you will recognize them. You may identify
with them and become affiliated with them if you earn their trust and
confldence.

Rellglour Groupr

The Christians generally meet together. You will find Baptists,

Proteetants, Methodists, Episcopalians and Catholics networking in
theee groups. Becoming a member of these type of groups is by
invitation based upon their observation of you and your behavior, The
religlous groups tend to be highly observant and practice their faith,
You may identify them by the symbols that, that may display one their
pergon or in their personal surroundings,
lf your beliefs are tepid they may or may not clue you in on
their axistence. You may work at a company for 20 years and never
have known they existed.

Cultural Groupr

With the tremendous influx of new Americans from Asia, south

Amarlca, eastern Europe and the middle east we now have a largO
population of these employees and professionals in the workplaco
form their own social clubs that meet on and off company time. lf you
hava s cultural identity with any of these groups it would empower all
ol you to have and share a common understanding of how your
employer treats their workers. Members of these cultural groups aro
oflsn considered easier targets of corporate exploitation, abuse and
fraud, lt is important that these groups form and help each other ar I
conrlder them one of the weakest and most vulnerable.

Raclal Groupc

lf you are black or identify yourself as black you may encountar

a vary surprising phenomena. Black isn't what it used to be, Thert hsa
bccn e certain amount of political divisiveness to segment and dlvldc
thc blrck community along with a identity crisie within that communlty,
You are now even hearing of racial discrimination cases whers onC
black American has filed a racial discrimination suit against a managr
a lighlar skinned black American based on color,
I have also interviewed blacks from the Caribbean and Africa
and rnany claim that they are unwelcome by blacks born of Arnertcan
slava ancestry, These emigrant blacks feels that American blaekr
beliave that only they are entitled to the expanded civil liberties offered
to blacks, Members of these blacks from different islands anct

Ch. 2 ltq l:l

countries gravitate toward themselves and form their own groups,
Unfortunately their numbers are small to be of much help but it hag
been observed that some cross over into cultural and religioua
networks.

Sport Groupe and Clubs

Groups are also organized around sports and other activitico,

Arnericans love sports and organizing around game clubr. ln ths
corporate world you may have golf, baseball, chess, photography and
any other activity that form a club or a mind set of its own. Somo of
these inner members have their own agenda or commonality and ara
bonded just as strongly as any other networked group after a period of
tirne. The sports and games networks are open to all but membors ara
only fully accepted by the groups inner circle by mutual agreementr on
who is to get "in". Once you are "in" your are "in" on what is going on
around you.
Other Groupr

There are too many othar smaller groups to mention, Albert

srnall they are groups. A group is two or more persons sharing and
contributing to their mutual goals which has almost always to do with
gurvival in a stressful living environment. ln the understandlng thc
underground remember it's purpose is to help people that don't
understand a new political, social and economic system. Now lhat you
are aware of these groups seek them out. lf you do not belong lo any
ol these groups this book is still going to be a great help to you a0 tt wrll
make you, yourself and along with this book a strong group ol alllar

Keep Your Eyec and Eara Wlde Open

Always keep your eyes and ears open for informalton lhal
concerns issues that we will discuss especially of a legal nature Ihta
rnformation includes news of injuries at the workplace, terminatlon'r,
promotions, layotfs, injuries, violence of any kind, unsafe workrng
eonditions and anything that looks in as it may relate to your lob or
crnployer Especially it has to do with job responsibilities and dutter
and how work is to be done. Keep any and all correspondanca
regarding your work and take it home and keep it there, Whan rt
eornes to signing anything make sure you get a copy of rt lo laha
horna with you. Take and keep notes regularly of importanl work
rslated activity that may be an issue in the future.

tlh 2Pg. 14
 Look ln the Wagte Bagket

Some of my greatest legal treasures and evidence was found

in the waste basket. Keep you eyes open and read what you see, lf
you find it of interest you know what to do with it. Generally sensitiva
inforrnation should not be in a waste basket but l've Seen too many
careless people putting things in that they should have shredded.
Another important thing to remember is that most companies are strict
about confidential information. You can be terminated for taking or
using this information.

Ch 2l'q li
 Noteworthy Legal Citatlon:
The federal Employee Polygraph Protectlon Act llmlb tht urr
of the polygraph but lt does not etop states from allowlng thcm
to par lawe so that they can be ueed ln a tort clalm.
29 U.S.C. 2001-9, 2009

Ch 2 Pg. 16
Chapter 3. Rlghts of the Employer

Employer-Em ployee Relatlonah lp

You Have No Rlght to Your Job
No Reason Needed to End Your Employment
The Doctrlne of "At-Wlll Employment"
Legel Reagons for Termlnation
Actlvlty That Wlll Regult in lmmedlate Termlnatlon
Progrccrlve Dlsclpllne Leadlng to Dlecharge
Undorutend Your Company'o Rules of Employment

Rlghtc of tha Employer

After reviewing the laws that apply to the employer-employee

relatlonship for many years it is clear that the capitalist system is about
buslness and industry making a profit on services, goods and productr
sold using the labor of the worker. ln effect, capitalism is really a
meanr of obtaining a profit from the employee's time and energy But
buginoss is where the money is. Money always translates into power-
political power, Power to place in your state's elected governing and
leglrlatlng body politicians that are going to pass laws favoring thooc
who have that monetary power. These are the big businesses, that
is thc reality of it. So naturally the laws passed are going to lavor
businegs.
But our republic and it's central government has passed lawl
to prolect public policy for the common good that protect everyona in
every state. That protection wae created to provide stability lor
workers and their families. These laws vary in extent of safeguardr
and protection in trying to balance the protection between corporatlonr
trying to make a profit and citizens to be treated justly in the workplacc
Ther; laws currently are part of what defines both the employer and
employee's duties and responsibilities.

Employer-Em ployee Relatlonshlp

The employer-employee relationship has change dramatically

over lhe last 100 years. Once you had children as young as 4 years old
worklng in sweat shops for as much as 20 hours a day and 7 dayc a
woek for pennies but this practice ended with the federal passaga ol
tha Child Labor Law binding on all 50 states and territories. You had
intolorable working conditions where workers died regularly wtthottl
their farnilies being compensated. Those horrible days are over Ihey
arc not over because employers voluntarily wanted to do e()

Ch 3 trq tl
whenever changes were made for the welfare of the worker tt was
prirnarily due to the passing of laws to protect the worker' What wo
still see and hear about worker exploitation in lndia, Communist China,
southeast Asia and other third world countries in worker misuse and
abuse is how it was here in America at one time.
It was not until just before the turn of the century ws started
to see employees get protection under the first Worker's
Compensation laws to finally address the needs of injured workor and
their dependents. Worker's Compensation laws have been
strengthened considerably and cover many type of injuries and ia tho
sourcl of considerable protection today. Every employeo must
understand this law and how it works.
America is fortunate in that we have this type of protectlon
and that our society and system of government protects workerl from
those abuses and irarms. But does it guarantee or protect your right to
getting and keePing a job?

You Have No Rlght to Your Job

So you have been a dedicated worker at your job, you havsn't

missed a days work in 20 years, worked many hours overtimg and on
holidays, sometimes even 6 or 7 days a week and so on. Evarybody
thinks you are the best in what you do. One Tuesday morning you arc
called into your boss's otfice. You haven't seen your boss in a whilc
and the last time you did see him he praised you for the finc job you
have been doing for the company, You possibly expect a promotlon,
an increase or some compliments but instead you enter his offics and
there with your boss sits a human resource or personnel departrnsnt
rapresentative. They inform you that you are being let go from you Job
and give you no reason for your termination.
You are told about a separation or Severance agre6rnenl and
asked to sign. You are in a state of shock and disbelief, You do not
know what to do. ln your mind go racing many thoughts, Thoughtc ar
what did I do wrong? Why are they firing me? l've been doing rueh a
great job, who is doing this to me and for what reason? For what
rsason? For what reason?

No Reason Needed to End Your Employment

The fact is that they don't have to give you any reaton at all tr
lcrminate you in rnost states. As a matter of fact compsnltr put
themgelves in jeopardy if they say almost anything as a reason for yulr
termination. lt is surprising that many do give you a reason constdaring

Ch. 3 Pg 18
theydo not need to do so. The reason they do not need to do so goeg
again into law and specifically a law that was created in 1884 by the
Tennessee Supreme Court. ln this court's ruling effecting the employer
employee work relationship the court determined that the permanency
or longevity an employer was at the "will" of the employer. This type
of rullng in law is what is called "common law" because it was mgde
by e court and not by legislation. Legislation is how statutory law lr
creatcd. Common law when widely adopted, practiced and itl
intarpretation applied by courts in other states is called a doctrina,
Herc we have a doctrine that etfects almost everyone in every stato
that can easily be eliminated by state legislatures making laws that can
make the doctrine obsolete or greatly improved and some states havs
paeaed such laws.

The Doctrlne of At-ItVlll Employment la Bornl

Paync v . Wertern & Atlantlc RR, 8l Tonn. 507 (1884)

ln that Tenneeeee cas called Payne vorcus Western A

Atlsrfic R.R, 81 Tsnn. 507(1S84) the doctrine of 'At Will Employmcnf
wal born and wao written into the canon of Arnerican law by it'*
recognition of that ruling in courts of almost all 50 states. A few statal
and tsrritories have eliminated the doctrine or severely curtailed ths
scopG of the effects of this doctrine. But for the most part it is still good
and effective law empowering employers to do as they please. You
mugt find out how your state's courts interpret this doctrine. [ht*
information can be obtained from a law school in your state, legal atd
or from your state's department of labor.

The court's ruling in the Payne case states that the employar
can let you go for "good cause, for no cause, or even for caUSO,|
m#&ily*W;gfrg" The last cause has been used quietly by mfiny
companies to terminate for people living together and not marriad,
sepsrated person living with single person, and adultery. The scopa ol

Ch 3 I)g lrl
ustng this interpretation has been broadly tnterpreted and used ag a
pretense for termination of employees,

Most of the "mgrally wrong" type of caseg are never heard in

court as the employees do not wish to put their personal lives under
such close legal scrutiny, Yes, companies can terminate you for thegs
reasons and others, This opens the question of reasons for termination
out side the at-will doctrine of no reason for discharge required, What
are legal reasons for discharge when a company does not normally
exercise the at-will excePtion?

Legal Reagong for Termlnatlon

lf your company does not normally use the at willdoctrinc and

they have "employee handbook" on guidelines that contain the do's
and don'ts that of what action or activity of yours will get you
tarrninated then there is an almost endlesg list of reasons why they can
and will terminate you justifiably.

Actlvity Wlll Regult ln lmmedlate Termlnatlon:

Falsification of time or work records

Falsification on job aPPlication
Willful damage to employer's property
Divulging company trade secrets or confidential information
Theft of Employer's ProPertY
Possession or sale of illegal drugs or alcohol at work
Possession of a weapon at work
Failing to follow legal duties as directed
Any criminal wrongdoing at the workplace
Any violation of company securitY
For any acts of violence at the workplace

You can also experience what you believe to be a wronglul

termination that is in fact a lawful and a rightful termination. Generally
bafore this happens you will be put on some type of developmenlal
plan by management. This plan is designed to help and educatc you
in the areas the company may have a concern about you Etther in
areas of productivity, internal company or compliance with lhetr lagal
policy, lf you do not fulfil the plan's requirements you may ba lawfttlly
and progressively discharged.

Ch. 3 Pg. 20
 Progresslve Dlsclpllne leadlng to Dlecharge:

For some employee activity that does not warrant immediato

termination you may be put on notice that if any of the activity that you
are involved in below continues you will be terminated:

Excessive absenteeism or tardiness

lnsubordination
Dishonestly
Gambling activitY
Substance abuse
Sleeping on the job
Sexual harassment
Substance abusa
Negligent work Performance
Poor performance or ProductivitY
Violations of comPanY PolicY
and many others specific to your company

Underatand Your Company'a Ruler of Employment

rul6l,
It is important that you understand all of your company'3
guldclines and policies and adhere to them to avoid termination or
ilrcharge from your job, lf you follow all of your company's rules and
what you learn about your rights you will certainly increase your own
job accurity.

Ch 3Ig 7l
 Noteworthy Legal Citatlon :

You don't hlvc to provl blrtrnt rxud mlrconduct by 0t;

rmployer or ltr employeer to prov. thcrc lr a rexurlly hodllq
work envlronmcnt.

Speln Y. Gillegor, 28 F3d {39 (3'{ Clr 199{l

t;h 3 Pg. 22
Chapter 4. Rights of the Employee

Your Barlc Rlghts at the Workplace

The Law Protectlng From Employment Dlscrlmlnatlon
Safe Workplace
Worklng Condltlon
Penonal Threats at Work
Freodom to Exerclse Legal rlghtt
Exccptlons to At-Wlll Employment Doctrlne
No Rrtallatlon for Exerclslng Legal Rlghte
Federal and State Whletle blower Laws
Legally Protected Actlvlty
Publlc Pollcy Vlolatlong
Compeny Pollcy
Contre ctual Agreementa
lmplled Contracts
Employee Handbook
lmplled Contractg
Protrcted Claea Clalm Under Tltle Vll
Gettlng Ready to Exerclae Your Rlghte

Rlghte of the Employee

ln the previous chapter we examined the rights of employeru

and wa examined in detail the doctrine of "at will employment" which
giver the employer the right to fire you at any time for any reason, ln
thir chapter we will learn of the basic rights that you have been givon
by thc existing laws that protect you while at work and how these lawc
can bc used to protect you from being wrongfully discharged.

Your Baslc Rlghtr at the Workplace

The federal government has passed a set of laws that ara

bindlng on all the states and it's workers with few exceptions. The flrst
clasr of laws are considered employment discrimination laws that
prolaet people's rights in obtaining, keeping and advancing on thatr
jobr We will review some of the major laws that most employees can
invoka vhen their rights have been violated.

Ch 4 Pq ,t'l
 LEGAL PROTECTION IS AVAILABLE

There Are Many Federal and Stete Lawe to Protect You

Worker's Gompensatlon for Work Related lnf ury

ln my study of employment law and worker's compen$atlon

law I found tlrat the worker's compensation laws of nearly all 50 statec
are nearly the identical. With few exceptions all use the "wholg msn'
theory of compensation. That is you are worth the sum of ygYr limbr,
organs, senses and body functions. lt is cold and calculated formule,
The formula is based on body parts effected and depending in what
state you live in and your age you can be worth only a
prasot
maximum for any of your body or your life, You have abgolutcly no
right to sue except under the most extreme demonstrable Catgr ol
intentional infliction of harm. This law is considered archaic by many
legal professionals but it continues to serve employers well, Employcra
can keep a dangerous workplace and not really worry about loling
much sleep over being sued because worke/s compensation lgwt do
neit allow protection from workplace hazzards unless the danger ic
reported.
The "lncome Theory" of worker'S CgmpenSation companretAA
you for what you are truly worth and it's compensation comai CIOEr
io that which would be given in a full civil trial, Under that theory rl you
had any additional skill or talent that was not used on the job and due
to your job injury you lost the ability to use that skill you would ba
eompensated for that loss, An example would be a construction worksr
lhat was also a professional piano player as a second job. ll htr hsnd
were crushed on the construction job he could be fully compenratorJ
for all future losses for potential earnings from his professional plflno
playing. You should find which theory applies in your state tha'wholo
rTtan" or "income" theOry in the event yOU need tO COnSidr A CaAO
using this law.
There is an important role these laws can be uged lor at
elemonstrated in our tactical and strategic study to coma You wrll
rltscover how many people unknowingly fail to use thetr lvclrker';
c* mpensation law's protection in its most effective way.

(:h 4 Pg.24
 Laws Protecting You from Employment Discrimination
Employment Discrimination Acts are intended to prevent
employers from discriminating against you based on race, sex,
religion, national origin, physical disability or by age. some states have
extanded and added to this body of law by passing laws protecilng
sexual orientation and other discriminatory practices.
The following are just a few of these laws but are considered
to be the "backbone" of employee rights legislation nationwide. These
lawr generally apply to any company that does interstate business
and ernploys 15 or more persons. You will see later how effective
these laws are when you recognize when and how to invoke them.

A speclel note: When you see notations such as 2g U S C

sec 206 this identifies exactly where you can locate the complete text
of thc act or law. ln this example it means Title 29 of the United Statec
Codc section 206. At times it may also refer to chapters and
subsections but these are just as easy to find. To obtain the complete
text of this legislation you can just enter that notation as a query on thc
lnternet (now you now why the lnternet is important) or you can go to
a large county or state library and have the librarian get the book for
you, You are free to make copies of the law as these laws are not
copyrlght protected and are for the general public.

Frlr Labor Standarde Act Equal Pay Act. Amendment

29 U.S.C. Sec. 206

Thir law and it amendment prohibits discrimination in the paying of

wagct by employers or unions based on the sex of the worker, Thc
law raquires that equal pay and benefits be paid if the jobs thcy
perforrn require "equal skill, effort, and responsibility and arc
pedorrned under similar working conditions", Again this Act like othcr
fedoral acts prohibiting discrimination applies to all companiar
engaged in interstate commerce employing 15 or more personi ar
menlloned previously. The reemphasis is stressed because it does not
apply to private small business unless there are specific laws on B
slatc level that extend these protections

Tltle Vll of the Clvll Rlghtr Act of 1964

(cRA) 42 U.S.C. Chap.21
fhis Act broadly expanded employee protection and righla io
inclutJo protection from employer discrimination in hiring, dischargrng,
cornponsating, or any other limits in terms of employment based upon
ract, religion, sex or national origin. lt also protects worker in rnattorl
relattno to pregnancy, childbirth, or medical conditions This law olso
prohrbrts employment agencies and labor unions from discrimin;rllnq
for lho same reasons.

Ch 4 t'g /t
 Age Discrimination in Employment Act
29 U.S.C. Sub. Sec. 621-634

This Act specifically protects those over the ag6 of 40

sornetimes called a "protected" class. ln addition to giving workerl
above that age added protection it also shifts the of the burden of proof
in non-liability to the employer in claims filed against it. lt also covrs
areas and provides guidelines for retirement plans, benefitr and
pension plans,

Amerlcans with Dleabllltler Act of 1990

(ADA) 42 U.S.C. chap. 126

The ADA 's purpose is to eliminata discrimination against

people with handicaps. lt protects individuals from digcrlminatlon
based on physical or mental handicap by employers. lt expandcd and
broadened similar protection that exists under Title Vll of thc C R A
of 1964 . See the Rehabilitation Act,

Rehabilltstlon Act
29 U.S.C. eub gec 791,793,794(a)

This act eliminates discrimination and creates afflrmativc

action programs in both the public and private sector for handlcappod
individuals. This act includes agencies of the federal governmcnt and
ornployers that receive government contracts in excess of $2500 00 or
federal financial assistance.

Worklng Condltlonr Safe Workplace

You have the right to work in a safe and threat free workplaec
This means that you need not be exposed to toxic material thal cau*sr
you harm or be threatened and harmed by co-workers. You nrual bc
provided with proper safeg devices where hazards exist. Tho law* lhat
currently exist in federal, sand state acts and laws and in common law
as ruled by courts give you that protection. These laws can and muut
be used to guard your rights. You have no rights if you do not ex6rcrr6
lhem Primary protection is provided for by OSHA of 197O,

(:h. 4 Pg 26
 Occupatlonal Safety and Health Act of 1970
(OSHA)29 U.S.C. chap. 15

Congressional Findings and Purpose of the Act

(a) The Congress finds that personal injuries and illnesses arising out
of work situations impose a substantial burden upon, and are a
hindrance to, interstate commerce in terms of lost production, wage
loga, rnedical expenses, and disability compensation payments,

(b) The Congress declares it to be its purpose and policy, through the
exerclge of its powers to regulate commerce among the several States
and with foreign nations and to provide for the general welfare, to
assuro so far as possible every working man and woman in the Nation
safe and healthful working conditions and to preserve our human
resources -

(1) by encouraging employers and employees in their efforts

to rcduce the number of occupational safety and health hazards at
their places of employment, and to stimulate employers and
employees to institute new and to perfect existing programs for
provlding safe and healthful working conditions;

(2) by providing that employers and employees have separate

but dapendent responsibilities and rights with respect to achieving
safc and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory

occupational safety and health standards applicable to busines$e$
affccilng interstate commerce, and by creating an Occupational
Safety and Health Review Commission for carrying out adjudicator
functlons under the Act;

(4) by building upon advances already made through employer

and ernployee initiative for providing safe and healthful working
conditions;

(5) by providing for research in the field of occupational safety and

heallh, including the psychological factors involved, and by developing
innovatlvo rnethods, techniques, and approaches for dealing with
occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing

cautal connections between diseases and work in environmental
conditlOng, a conducting other research relating to health problems,
in recognition of the fact that occupational health standards present
problorns often different from those involved in occupational safety;

Ch.4 Pg 27
 (7) by providing medical criteria which will assure insofar as
practicable that no employee will suffer diminished health, functional
capacity, or life expectancy as a result of his work experience;

(8) by providing for training programs to increase the number and

competence of personnel engaged in the field of occupational safety
and health,

(9) by providing for the development and promulgation of occupational

safety and health standards;

(10) by providing an effective enforcement program which shall

include a prohibition against giving advance notice of any
inspection and sanctions for any individual violating this prohibition;

(1 1)
by encouraging the States to assume the fullest responsibility for
the administration and enforcement of their occupational safety and
health laws by providing grants to the States to assist in identifying
their needs and responsibilities in the area of occupational safety and
health, to develop plans in accordance with the provisions of this Act,
to improve the administration and enforcement of State occupational
safety and
health laws, and to conduct experimental and demonstration
projects in connection therewith;

121 by providing for appropriate reporting procedures with respect to

occupational safety and health which procedures will help achieve the
objectives of this Act and accurately describe the nature of the
occupational safety and health problem;

(13) by encouraging joint labor management etforts to reduce injuries

and disease arising out of employment.

Employer and Employee Duties under OSHA

This Act places duties upon both the employer and employee
in that specifically they shall:

(a) Each employer:

(1) shall furnish to each of his employees employment and a placa of

employment which are free from recognized hazards that are causing
or are likely to cause death or serious physical harm to his employees

Ch 4 P9.28
(2) shall comply with occupational safety and health
standards promulgated under this Act.

(b) Each employee shall comply with occupational safety and health
standards and all rules, regulations, and orders issued pursuant to thir
Act which are applicable to his own actions and conduct.

The importance of this law is that each worker be aware that

it exicts and that it places responsibility on the employer to see that
safc working conditions exist anywhere that is under the employr'g
control. working conditions that present hazards, dangers and threats
to your health and are not immediately or obviously recognizod,
knowable or under the control of the employer are dealt with next,

Pcnonal Threatr at Work

Threats and violence have been on the rise at the workplaco.
it includes not only violence between management and employeel,
between coworkerc, but may also originate from
personal and outside sources. Commonly we arc
finding family disputes and domestic violence from
present and former spouses spilling over into the
workplace.
Your employer has a duty and responsibility to
protect you while you are at work. lt is also your duty
and responsibility to notify your employer of therc
types of threats so the employer takes the required
precautions,

Frecdom to Ererclre Legal rlghtr

You are free to exercise all lawful rights at the workplace ar

long as it does not interfere with the business operation of your
employer and it does not violate law federal or local laws, lf your
actlvtty is questionable in your own mind consult the department ol
labor for your state, an attorney or legal professional,

You have the right to request that your employer correct any
condllion that jeopardizes your health and well being under the law
Thir rneans you are free to report to the appropriate governmonl
agoncy any dangerous products, practices or legally wrongful aclionr
by your employer or threatening conditions, at the workplace, wtthoul
tho fogr of retaliation. Your employer can not retaliate against you
wrthout the result of being severely punished by law wrth both linet
and lar irnprisonment,

Ch 4 Ftg .rt1
 Exceptlonl to At-Ut lll Employment Doctrlne

ln chapter three we discussed the power of the employer in

exercising their rights under the doctrine of "At Will Employment'
recalling they can let you go for any or no reason at all. ln this section
we will explore the exceptions and why these exceptions exist and how
they are used to protect your rights as an employee exercislng your
legal rights under law.

No RetalleUon or Tcrmlnatlon Permltted for Rapor{ng"

Vlolatlonr or Exercblng Protectlon Under Letr

To deter and discourage employers from preventing you lrom

exerctsing your legal rights to all the benefits and protections of tho law
and to see that the laws aforementioned are enforced and raporlod
wrthout fear of reprisal or termination, legislation was passed both on
the state and federal levels affording you special protection. Soma of
these laws provide powerful protection for employees and providc
sovere punishment against employers. The following legal exceplHtr
to the doctrine of Employment At-Will are reviewed now,

These laws prevent the discharge of any employcc who

reports suspected legal violations or wrongdoing or cooperatar wlih
any investigation against his employer in matters involving all thr
ernployment acts and laws mentioned in this chapter and mattcrt of
law pertaining to:

Federal rnd State Whlrtle blower Lawq.

1.Reporting violations environmental protection lawr,

2.Reporting of fraud against the government by contractoru
3.Reporting of illegal acts.

Legally Protectcd Actlvlty,

1 Jury service
2,Military or National Guard Service
3 Participation in union activity
4.Testitying against your employer
5,Joining and participating in a worker's union

(:h 4 Pg 30
 Publlc Pollcy Vlolatlonc

l,Filing Worker's Compensation claims

2.Refusing to participate in illegal company activity.
3.Refusing to commit perjury, lie, or give false
lnformation in a legal investigation.
4.Participating, not participating or refusing to support
political groups or candidates.

Company Pollcy

Some companies like IBM constantly told and reminded their

employees that they never laid otf anyone in their company's history
untll the 1980s. That could have been enough to argue that there was
an lmplied contract of permanent employment but IBM had a generoug
separation package and excellent counsel in formulating and
implernenting their severance agreements therefore their implled
contract was rarely argued and mostly unsuccessful'

The Employee Handbook

"Harc lr our employec hendbook. Your tcrml of employment"

Companies that have employee manuals outlining what ia

expocted from them and grounds for termination may suggest to tha
employee that as long as an employee abides by the handbook and
rely upon it their employment is guaranteed. Handbooks such as iho$*
if thay cto not expressly dafina the employer -employee relationship al
an ei"will employment relatlonship may find a challange in court for
contractual employment by way of the handbook,

Ch 4 f1g 1l
 Contractual Agreementa

Gct lt ln wrltlng or document lt wlth r follow up letter.

Contracts whether oral, written or implied that state specillc a

lirne period or amount of compensation are enforceable in most statoo
are clearly exempt from the employment of at-will doctrine, Wlthout
any such agreement most states will hold to the at-will doctrlne.

lmplled Contracts When No Wrltten Contract

A violation of a "duty of good faith'and" fair dealing' cxlatr

when an employer arbitrarily terminates for no good caus aftcr thc
ernployee has been with that employer for many years. Thc many
years is where the courts used discretion in how long "many yeert'
means but generally 15 to 30 plus years has been recognized by thc
court.
The courts vary on this issue in the many states so you nacd
to go to the library and look up your states statutes or get frcc lagal
consultation by a legal aid service or attorney that knows your tiatc'a
laws.
Protected Claeg Clalm Under Tltle Vll

lf you are a member of one of the groups protected by Trllc Vll

of the Civil Rights Act of 1964 (pg. 25) which includes ract, Bax,
national origin and religion you fall under this class of prolection
lhese claims must be made rt you have evidence of ruch
discriminatory against you. This law is strictly enforced but you murt
have evidence.

Gettlng Ready to Exerclge Your Rlghts

This chapter clearly shows you have certain protecled rlghtt

at the workplace. Assuming your employer has no other reaaon lo
torminate you other than for those lawful reasons given how tr lhal ro
many people almost overnight after 20 years of excellsnl and
dedicated productive contributions are terminated?

ch. 4 Pg. 32
 The answers are many but if you can find no truth or credibility
in employer's reason for terminating you then you need look closely
whether they have violated any of these laws. ln the next chapter we
will explore some of the reasons employers deny employee's thair
legal rights at the workplace. ln later chapters we will show you how to
defend those rights you posses and ultimately how to use the law to
obtain and maintain that which you are rightfully and lawfully due,
Now that we have laid down the foundation we are going to get
ready to start exercising those rightsl

4 Pq '11
 Noteworthy Legal Citation:
Alcohollsm ls consldered a dlaablllty wlthlng the mcrnlng
of the Rehabllltatlon Act.

Leary v. Dalton, 58 F3d 748 (1't Clr. 199C,

Ch 4 P9.34
Chepter 5. Employere Actlng to Deny Employee Rlghts-Motlver

Groupthlnk: The Cult of Management

Bellefe, Characterlstlcs and Behavlor
C haracterletlcs of GROUPTHINK
Legrl and Conslderatlona for the Employee
Bctwren Employee and Groupthlnk - Strategy and Tactlcs
Employee Solectlon for Termlnatlon and Groupthlnk
tlVeakegt and Meekest Flrgt
New Amerlcans
Mlnorltlea
Nlce Percone Next
Groupthlnk Actor versus Employee
Selectlon Teetlng

Employerr Act to Deny Employee Rlghtc

It'E hard to prove the motivation behind employers denying

employees their protected rights under law. ln other words we cannot
say with evidence in hand that this is why employers are engaged in
thit unlawful practice. From the many cases that are filed in the
courtr for violation of worker's rights it's clear that there are somc vtry
deflnlts underlying reasons for this typc of activity. You can bc
asrursd that primary reason is monetary either in the company'i
bottom line or benefit preservation for management's chosen few , ln
somr cases it is a matter of pure ogo, power play or a "rite of paaragl'
for arpiring employees, supervisors or managerc. Baing abh to
termlnite a-employde is proof that the terminator has the "right gturf ,

I war once asked if I had the "right stutf' myself. My answer was "not
for thc reasons you cite" I then invited the executive to a chess malch
I baliave that the motivating force and reasons behind this illegal
aclivtty can be found in a theory called "Groupthink",

Groupthlnk: The Cult of Management

Collectively the motivation and reasons in the atternpt to

anewer the WHY will be answered by a cultural phenomena that u
uniquo to groups everywhere. The term for this cult thinking war
coinad by psychologist lrving Janis and it is called Groupthink and tf
doala with groups forming policies, controlling themselves , each othar
and thsir amployees. Groupthink in this way is an idea that controll tl
mcmbcre and provides a standing plan or policy that allows any gt'oup
mcmber to executa an action or tactic that they believe will ba
accrpted or condoned by the other members of the Groupthinlr tn
fulfillnrent of the group's ultimate purpose and goal, ldenttfytttg
Groupthinkers:

Ch 5 ,l0 llt
 /()
<\,
-*>*1h

Dr. lrvlng Janlr' "Groupthlnk Theoty"

Bellefs, Characterlstlcr and Behavlor

1) lllusions of invulnerability. Members believe that thay cannot

be defeated by any external or internal force. This is done by ignoring
warnings, depending on safety nets, and/or overconfidence in poruOnal
abilities,
2) Belief in inherent group morality Members assum that lhe
'nght thing will always be done. ln doing so, factors that influancc thc
decision making process are discounted, resulting in llawad
(incomplete) assumptions.
3) Rationalization. Members promote closed mindedncsr by
downplaying information contrary to previous group assumptlonr
andlor conclusions. This is usually done in a proud intellectual manner,
4) lsolationism. Members may promote an esoteric way of
thought that distances them from external opinions or influencer, Thia
drstancing often happens when external sources are viewed ar overly
critical or cynical, ln addition, isolationism may result in diacounllng
valid criticism.
5) Self-censorship. Members can allow subtle pressuro ceuaad
by a desire to achieve group agreement to restrict the exprooulon ol
personal convictions or concerns.
6) Direct pressure. Direct pressure is a more pronouncad self"
censorship where group power is imposed to bring about conformity
Mockery and disrespect often accompany this phenomenon
7) Mind guards, Mind guards are natural defensec of lhq
human brain that prevent the possibility of 'damage'(challengad
arsumptions, etc.) These guards usually stop further exploralion ol
aesumptions or accepted data and breed complacency.
8) Unanimity illusions. The previous symptoms, whn prelont,
rosult in an illusion that the group cohesively agrees. Howevcr, rl lho
previous symptoms do exist, real group unity cannot occur, Mambcru
irre demanded not to threaten group's goals with disagr,ernonlr or
doubts (often viewed as disloyalty),

(':h. 5 Pg 36
 Groupthink theory and its application will be examined
throughout the tactical and strategic examination of the employers
approach in the selection of the individual termination procass,
Understanding this theory, how it is applied and its inherent weakness
in the tactics of the employer will be the source of much of what you
will be using in your offensive defense.
* The above characteristics were adopted and in part form
Groupthink: Psychological Studies of Policy Decisions and Fiascoes,
Boston, Mass: Houghton Mifflin Company, 1983

Legal and Reasonable Conslderatlong for the Employee

The reason for termination for our purposes is only an issua

and irnportant if and when its a legitimate reason or a fraudulent
realon. As a matter of practicality the fact is if the reason is valid you
should not be with the company you are with. You should flnd a
positlon in a different company that helps you obtain your personal
goalt and you in turn contribute significantly to that company, A
mutually beneficial or symbiotic relationship such as this should assuro
a successful long term career.
lf there is every reason to continue with your compeny
because you do what you do well, fulfill or exceed all the fob
requlrements, you have accrued substantial benefits and then only
rearon they have to terminate you are certainly unlawful unlesg thc
company can prove economic reasons, then you should prepare to
defond your employee rights.
Preparation for defending those rights have already been
prevlowed in the previous chapters that outlined the laws defending a
employee's rights. Understanding those rights is understanding tha
lawr and understanding the battlefield because everything that
happans from here on takes place on the legal battle field.

Between Employee and Groupthlnk- Strategy and Tactlcr

Strategy and tactics must be understood and used by any

oppoaing sides whether in gamesmanship or war, This form of
plannlng requires you to consider strength and determine the rulea ol
engagarnent. ln this book the rules have been developed uring
existlng legal theory as a sound basis and approach in the contsgl tn
which you will be engaged. Both the employer and knowledgeablc
employee will need them if there is to be any contest Our contest only
ustl legal means, nothing else works. Law is alll
Ihe use of legal tactics to achieve the ultimate goal erl
presarving or expanding an advantage to flnal victory or achieving tha

Ch 5 flg ll
desired goal is determined by the strategy Strategy is a long term plan
that involves carefully planned tactical encounters or skirmishor lhat
collectively determine which advergariet't etrategic plan recultr ln an
ultirnate victory or achieving of their desired goal. That is our
description of strategy and the role of tactics.
We will first examine some of the preliminary tactical aspactc,
fhe first is collection of information on the target. Some intelligencc
information must be gathered. This is how targets are selected and
some of the factors that employers feel make good targets (vlctims)
for fraudulent termination.

Employee Selectlon for Termlnatlon and Groupthlnk

Why Me?

The primary reason a employee or employees are selcctod lor

tcrrnination is that the porson has not become part of the group, haa
failed to accept or adopt that group's paradigm and the proepoctt lor
that person becoming a member is non existent. ln almost avory caso
the target employee has no clue of the existence of a Groupthink
wrthin his company never mind knowing that it has any effect on thom

Once employee selection has been made all othsr rsruof,

become oblivious to the member of the Groupthink actor that wrll play
the pivotal role in the termination. Outside of Groupthink's abEtrscl
reason for termination, the practical, reasonable and lagal
considerations must be acknowledged by the employee. Especially
now that Groupthink has ignored it. That ignorance of the law bmomas
Groupthink's Achillies' heel I

The employee that has been selected by membcn ol

Groupthink management is selected by what they believc it lharr
potrrer over that employee. This is really nothing more than therr beliel
that they have the power in that they have knowledge of the law;rnrl
they assume you know nothing. Even if they assume you know thr l*w
yeu may know nothing of the tactics. lf they assume you ara awrrc ol
iorne of their tactics they still don't care because they do nol bclirvr

Ch 5 Pg, 38
that you can put it all together into a strategic plan that will defaat
them. We will use all their assumptions against them later but now how
do they select their prey? What do they look for?

Weakest and Meekest Flrst

Employers and management of Groupthink are always on thc

lookout for the weakest and easiest targets, Throughout nature the
samc occurs, the survival of the fittest and the demise of the weakest.
Companies go after the lone individual not a member of any group,
the older, and weakest in any way. lt is a form of Darwin's"natural
selection' in the corporate world.

Mlnorltleg

Minority group3 have always been historically victims of

exploitation due to their fewer numbers and lack of political clout but
thir has changed considerably in that last 20 years but there aro still
a lot lerminations based on discrimination. Some employers still hrvc
thc ttareotypical view of minorities that they are poor, unsophistlcatsd
and have no knowledge of the law so they can be subjected to the
amployces abuse, exploitation and discrimination.

New Amerlcane

Some of the easiest targets are immigrants that have not lully
beon culturally adapted to American life. They do not posses cultural
literacy, do not understand the law and really have no clue whal ir
going on,
This happened to my good friend Ching's wife. His wife held
two dOctorates and worked very hard for America's premier research
laboratory One day she was simply told she was being let go
Forlunately that company's case against her was so weak artd
fraudulent that once her husband went to speak on her behalf and
explained the situation she was returned to a better position in the

Ch SPq 19
cornpany This was clearly a case of picking someone because of their
rna bilrty to defend themselves This was a rare event in that she was
returned to her companyl

Nlce Personr Naxt

Next come the nice persons. These people do their jobo aro
easy going and generally in a good mood and why not? These peopla
are perceived as pushovers because of their pleasant natur6, their
kindness, and generally passivity. Employers and supervisors on tho
prowl select them as easy pickings. Unfortunately these people nead
to be carefully observed and understood because there is nothing that
easy and often results in a terrible miscalculation by the stalkrng
ernployer, After reading this book you can become that nicE porson
too if you want to be, bust most likely you already are that person. That
ir why you bought this book.

Groupthlnk Actor vercut Employee

Because Groupthink members believe that they are invinoblc
and cannot be defeated by any external or internal force thcy do not
expect to be challenged by anyone and that is when and whsrc
conflicts start to develop and surface.
Personality conflicts is a term used as a catch allfor problomr
when people don't get along for any irrational or ego related roacon
such as found within Groupthink members, I've seen it whcn you
have either real or imagined conflicts of interest or goalc, Thera
conflicts arise out of competition for popularity, attention, promotloni,
and a mix of other reasons that have nothing to do with tho actual
business. These types of problems are good for no one espocially for
the companies that have Groupthink supervisors or manageru ll thc
manager has a history of problems like these he should be ramovad
but with Groupthink this is never understood or recognized lhors ta
no need for these types of conflicts but many employees aro punurd
by the employer to intimidate the worker to force them to re*gn.
lf the employee resists without knowing how to deal wrth thn
practice in the long run the employee wil! be out. Employert wdl wdrt
gometimes for yearc for the most unresponsive or passiva typu at
lhey can at time be the most difficult to remove. ln the GrouBlhink
orrvironment given their illusion of unanimity and invulnerabrkly tn
combination with their rationalization the lead actor may terminato lhc
onrployee in a unexpected short period of time once the targalod
ernployee has been selected.

t)h- 5 Pg
 Selection Testing

6w

'Chuck, heads. Donna tails."

lf you don't fall into any of the above categories then you mey
havo been picked at random for reasons of "head count" but again
thOy fhould test your intelligence, common sense, tenacity, courago
and the ability to take pressure. You will find that dealing wilh
Grwpthinkers they tend to ignore or omit doing complete information
reacerch on their target's strengths by adequata testing. One of thc
mort common tests is the stress test. This category of testing involver
puttlng you the through extreme rigors of overwork, unreallstic
dodllner, long hours and general disrespect at the workplace. All thir
actlvlty is permitted by law. lt is done to collect information and develop
a proille that is matched with previous profiles of employees and
asrumptions are made for their continued development of tactics and
planr, But we will visit this again later and show you how to mak; it
backllre on them giving you a clear advantage.

Ch 5Pq dl
 Noteworthy Legal Citatlon:
Anyone who le about to slgn a contract har a duty to rcrd
the contract flrrt.

Northwectern v. Furmln, 739 F. Supp 1307 (E.D. Yllhc. 90)

Ch 5P9.42
Chepter 6. So You Thlnk They are Settlng You Up for Termlnatlon?

Thc Playerc
Executlvea
ln House Goungel/Attorneys
H.R. Representatlver
Managera
Supervlsorc
Coworkers
Humen Regources
Why la thera a H.R. Departmsnt?
Whrt are Clues You have been targeted
Employere Bulldlng a Case Agalnet You
Documentatlon by the Employer
Termlnatlon Day - Month, Day and Hour-All Planned

3o You Thlnk They are Settlng You Up for Termlnatlon?

You have been at your company for a few years now. Durlng
that tirne you have seen employees come and go. Some have boen
therc for a few weeks that just didn't work out, some left for other
opportunities, some retired, and many have been leaving quietly for
roaoons unknown. You've learned from some of the employees and
madc your own observations confirming a high turn over rate and that
the average length of employment with this company is about 6 yearu.
Wo have learned that employees are separated from their companicr
for legal business reasons and for irrational reasons having nothing
to do with business. So there must be a process in place within thlr
cornpany that cycles the employee in and then out but how doo* it
work and who are the players.

The Players

Every game, contest, battle or war (sounds like wa aro

escalating this, and we will) has its players. We can call them playar*,
contartsnts, soldiers and generals. No matter who each is they are flR
imporlant actor in schemes that are to follow and we must recogniza
thetr specific roles to anticipate their part. We will start from tha top
down:

Ch 6f'g {t
 Executlves

Executives rarely are involved in personnel issues and are

members of a smaller and tar more select Groupthink. Their
Groupthink is finely tuned with safe guards to almost totally ingulatc
and isolate them from anything that would detract executives from their
prirnary function to facilitate the achievement of the business goalc and
objectives as directed by the corporate boards. Therefore they are not
players as far as the employee is concerned.

ln-Houge Counaell Attorneyc

Every large company has their own staff of attorneyc that

formulate and review all polices that have a legal effect on thc
company. This includes labor contracts, finance, governmant
regulatory compliance and other legal matters. Smaller companlar
may find it more practical and economical to retain the servlcec of
outside counsel. The remaining discussions of in-house counrel will
focus on its role in the legal aspects of employee relations.
ln-house counsel also develops plans for a reduction in forcc
(RlF) when companies need to reduce in size for legitimate buaincae
reasons. Their role is to see that a RIF plan comply with all federel and
gtate laws. This is a major role and finely tuned by most companioo a3
RIF takes place in periodic business cycles. Generally 5 year cyclor
from observation.
Counsel is available to answer most questions in areat from
anywhere in the company that cannot be answered by the corporatc
guidelines. Every large company has a large book of corporatc
guidelines that answer nearly all the legal questions, have formr and
procedures for almost any business issue that may arise. Thir book rs
available or accessible to only a handful of top management, I was
fortunate to see one at IBM and was impressed by its scopc and
volume. Thousands of pages!
For our continued discussion, in-house counsel rovrew$
questions that may arise that are not subject of or in litigation unlarr
lhe company is one that litigates in house. That counseljust provrdao
srmple answers for simple legal problems. An example would bo a
manager wanting clarification or interpretation of how a prognancy
should be handled if the employee wished to have an extended loavr
wrth their new born outside of what the law generally has allowcd lor
Once any litigation has started most companies wlll ralatn
outside counsel so it does not interfere with their core busincss or har
lne legal issue become part of their internal business atfarrs

eh. 6 P9.44
 Managers

Mangers generally have many supervisors and their main

functlon is to see that their supervisors have the support to provide
employees everything that is necessary to do their jobs. They will
because of Groupthink support them blindly and not undermined them
for it will destroy their Groupthink and cause chaos at least in thelr
minds. They also do not wish to be involved in termination procer
beceuge of the time involved and the potential for getting involved with
litigation which exposes them for potential discovery, depositions and
othcr legal risks.
Supervloorr

Managers rely upon and support their supervisors in thoir

decisions in these mafters by indirect and tacit approval of thair
supervisor's actions. This support only lasts if the supervisor succeedl
in ineulating the manager from controversial legal matters involving an
employee. A supervisor found continuously violating the law or
company policy looking for support for their wrongful action will nol
enJoy the continued protection of their manager and will soon be out
of their position. The same can be said for managers and their
relatlonship to executives above them.

Co-Workers

Snitch, spy, brown noses, and the other terms employeell utlc
to dcline those that are looking for their shot up the ladder at anyonQ'l
exponse, You and everyone else knows who these people are if you
havc worked there for a while. You also read about them when deathr
relatcd to workplace violence occurs. Often reading the news reporir
you wlll see that besides a manager or a supervisor being killed thoy
throw rn a co-worker or two that are killed - those were the snitcheal
Thc best and most etfective of these "brown nosers" are the newly
hired and ruthlessly ambitious you know them. They are the ones lhat
hava not yet established a reputation and do everything behind closed
doort, One day you find out they have betrayed a fellow workar
Thosa individuals believe they are prime candidates for managemonl,
at lcagt they think so. By far the majority are recognized for what thay
arc and even disliked by those they are brown nosing.
On the other side of the coin there are co-workers that ara part
of your network as we discussed in the personal networking section
Tholo are the people that will warn, cover and protect you within lhc
scope of their working powers, Keep in touch with them and keep lhem
informad

Ch 6 t'q '11
 Human Regources

Every large company has a human resources department.

Ihey are the most important people in the organization, HR is
responsrble to see that the company gets the people it needs to do the
work, lt is also responsible to see that everyone in the company worke
efficiently and effectively towards the company's goal.

Why lg there a H.R. DePartment?

HR develops corporate policy regarding the company's organization

and its personnel lt also has these responsibilities also:

1) Develop training programs for management and employees,

2l Develops various processes for the evaluating personnel
tesources.
3) Develop "best practices" to optimrze business productivity and "laan
practices" to obtain the most using the least human people.
4l Analyze the "shop floor" to reduce time and costs in production,
5) Facilitates the resolution of any employee and management isauos,
6) Office space allocation.
7) Benchmarking methods of business,
8) Develop and monitor the termination practices.
and many other responsibilities depending on the company'3 ne6dt

What Are Cuec and Cluee That You Have Been Tergctrd?

The bottom line is that if you suspect they are in thc proccrl
of setting you up, you probably are being set up. But what aro somo
tell tale cues and clues?

Employerg Buildlng a Caee Against You

Employers fearing the risk and expense of litigation wtll try to

fiuild a"air tight" case for terminating you. They will go through great
lengths including cleverly falsifying document, forging signatuter, lylt'tg,
planting evidence and more just to terminate you. Although such
oxtremes are rare most often they will set you up uslng $ornc
nnocuous techniques. A common factor is that your alleged actlvrty
rl documented and placed into your file. Before it is placed tnto your
frle you must be notified and the documentation has lo bc
acknowledged and confirmed by you and or another witness You
should also have an opportunity to reply or answer any accusattonll rl
the documentation.

(:h 6 Pg. 46
 Documentatlon by the Employer

80% of the game lr DOCUMENTATIONI

Remember documentation, note taking, witnesses and

recordings are EVIDENCE that can be used in court in favor of who
has the most and most verifiable and credible documentation. Start to
become alerted when this type of documentation becomes an issue in
any way. Here are just some of the types of documentation that the
employer may get on you and their sources.

1) Co-workers the "brown nosers" we mentioned before, these are

the lell all's and a source.
2) Phone records, Calls you make out and the ones that come in are
all noted and ins some companies up to 4A % of calls are monitorad
and racorded.
3) Tirne cards and those card badge keys. All are time stamped
4) Performance appraisals. Especially if you sign one that you did not
agroo with, lf you don't agree with it put in comments,
5) Expense reports,
6)Companies look in your waste basket tool

A safe rule to follow is to be alerted to anything in wrltlng

espcclally if they want you to sign it, Slgn nothing until you've revlcw;d
it wrth tomeone else objectively and if it has any legal implication! sac
an rttorney immediately or refusa to sign until you fully understnnd
whet tt is you arc signing and why,
When it's time to go on the offense we'll have shown you how
to uss documentation to your advantage.

ChBPq4t
 Chill ln the Alr

The old saying you are the "last to know "is often true. There
are psople that will start to avoid you and or stop associating with you
once you have been "marked" for termination. Try to confirm you
susptcions by feeling out those you know, The "network" group of
yours should and will tell you if you are on their termination ligt,
Sornetimes you'll get real good inside information on the week or datc
of termination, but that information is closely guarded by the
Groupthinkers, actors and players involved in your termination,

Notable on the Job Chango3

t. You get an unexpected change in jobs that is consldered a

dernotion or you may be moved out of your office to a location away
from all your coworkers.
?, You are being kept out of the loop as to what is going on in thc
business.
3, They stop trarning you and train others that are doing the samc Job
you are.
4, They hire new workers to learn your job.
5, Poor appraisals or evaluations
6, lf you get a significantly and unjustifiable poor appraisal and thty
deliver it to you sugar coated be assured they are targeting you for
trrmination. This is especially true if you've been there for 5 or 10 or
rnore years doing just great and them are degraded substanllally, Yott
.re on the soon to be hit list.
Termination Day -The Year, Month, Day and Hour-All Plennrd

Termination is generally avoided just before or during thc

holidays or upon your return from vacation. Most often it taksa placr
lrte spring or early summer months because they think ths bttar
weather is going to make you feel better. The day of the week ir oflcn
Monday or Tuesday in morning so that you don't have to sulk all
weekend and even may start to look for a job that next day, Varlebler
that may cause deviation from there norms may be becausc ona or
rnors of the actors in the termination may not be available at a givon
tlrne. But it is usually planned well in advance so the whole act rr well
choreographed with all players in attendance.

(;h. 6 Pg a8
Chepter 7. What to Do When You are Sure You are on Their Llgt

Creeto Contlngency Plans

Plannlng Your Reeponoe
Do Nothlng Stay-Let it Play ltself Out
Qult and Look for a New Job-Don'tl
Stay and Defend Your Posltlon
Malntaln Your Rlghtt and Sue Them All
Secrctg of Succesgful Legal Actlon
Documentatlon
Tlmlng
Sue For Your Legal Gogti

What to Do When You are Sure You are on Thelr Llst

After reading chapter six you are convinced and know you arc
in lhe process of being setup for termination. You are a reasonable
and rational person and will explore all the best options availablc,
Boing calm and collected knowing what you-know noy,. you need not
panli, Now its time to decide a course of action that will help you
bbtaln your goal, The goals could be to leave and take a nicc
sevararice pdckage witft you or leave with enough evidence lor a
succttsful ind lucrative lawsuit. You may decide to stay becausa of
deniEl and rationalizing that maybe things will work out and thir
problarn or the supervisor will change their minds ol gP away-wake upl
That wlll not happen. Once they have made up their milds you era
gon; unless you do what you got to do, You have decided to praparc
[o rtsnd up flor what you believe are your lawful rights. You have sen
all tho sighs, got all the cues and clues. ln addition via your network
and it's retiaO-le source it's been verified. So what do you do? What
optlona do you select and what are the implications? What can you do
to counter their threatening moves?

Creato Gontlngency Planc

Everything that happens in the employee/ernployor

'is dependent
relationship on planning, Planning is based on
information, Tne information your employer has is supposed to tto
relevant, legally obtained and recognized by a court as evidence Your
contlngenc! ptans or alternative plans are based on the ba*t
inforrnbtiori you have obtained so far and is also based on lha
information lhat you know the employer has or believe he h*a
documenled. Rerirember documented, documented. Nothing mofa
impodant than documentatlon, proof and evidenca,. You have a rtghl
to bbtrin a copy of any evidence your employer has that they ara utrng
agoinrt you

Ch 7 trg a-rl
 So what can we do and what are some of the anticipated
actions and responses to your optional plans. Lets us examine a few
here:

Plannlng Your Response

You havr to decldc: to do or do nothlngl

For actions by the employer in their attempt to wrongfully

terminate you, you can do one of four things. You can plan to do:

1) nothing and see what haPpens

2) get out of the situation by quitting
3) hang in there and defend your rights
4) sue them while still working there

Select an all out legal strategy that will hit them so hard thair
heads will be spinning otf the wall, You will present them with a lagal
eituation so complex and expensive they wish they had diad flrut, Thir
will only happen wrth careful planning and know-how you havc bocn
getting and are about to obtain. Whatever you decide it ie imporlant
that you do make a decision based upon the best information pomtblc.
Do not act if uncertain and again if you have any doubtg contact a
attorney before acting if time allowsl

Do Nothlng Stay and Let lt Play ltself Out

I know many people do nothing in hope that this wrll all psrr
ll rarely does. You are most likely because of reading this book really
rtot sure what to do, Let me assure you, doing nothing will not holp you
at all rn almost all situations. You will be called in and told that lhtr u
your last day. That's it. They may offer you a small sveranco
package and you are escorted out the door, Good bye to youl

tJh 7 Pg
 Quit and Start Looklng for a New Job

There may have been a pattern of abuse so long that you are
ready to quit- DON'T. That is what they want you to do. Quitting gete
them what you want and then they don't have to give you a dime, You
may 6vn be excluded from obtaining unemployment insurance if you
quit.
lf you know you want to quit and they are really interested in
firing you, you can look for a job and the closer you get to being hired
and to a new job you may wish to approach them and say " I feel that
you no longer need me here I'm willing to go tor a severanco
package,"

Stay and Defend Your Poeltlon

lf you are confronted by management with a poor appralsal

challenge the appraisal as far as you can with the evidence in hand,
It may be that the employer just made a mistake, was misled or lied to
by a supervisor or manager. lf that is the case the one terminated may
be the supervisor or manager if you can prove your case as I've
witnsreed. Sometimes this scenario is used just to setup the manager
and not really youl

Malntaln All Your Rlghtr and Sue Them All

Again with evidence in hand you sue everyone, The company,

tho menger, the supervigor, and the human rosource personncl
involvecl, Sue them all separately but before that again you must havo
strong case with evidence in consultation with an attorney,
One important thing about who you sue. There is the law ol tho
psruon and in what capacity is that person acting. lf his wrongful action
ir rtrtclly based on and related to work you must sue that percon at an
amployee of that company and in effect you must sue his company
bacruse of his action. lf that same person commits an act that is not
normelly within the scope of the daily work let's say he just doesn'l ltko
you bacauss you are a Mexican and you can prove it and than ha
punchas you in the nose and breaks it you sue that employee/managar
in hlr porsonal capacity as a individual and also sue his company for
having him harm you at work. Two lawsuits for one act. What you gat
is compensation separately from the employer and the manager that
hit you, ln some cases you can take the managers house, car, dog, or
anylhing of value to satisty the judgment against him

Ch 7 f1l 5l
 Secretg of Succeeoful Legal Actlons

Documentatlon
We are going to jump ahead a bit here but its time you need
to know the real secrets of legal action. Documentation. You will keep
hearing it over and over again. lts like I went to law school two thlngr
they diive home ig "the ieasonable mind" and "beEt interegt of the
child", I won't forget itl But for us the important thing is tlmc iE
DOCUMENTATIONI More on it later. Now a bit on timing,

Tlmlng
Timing we are going to talk about is timing of action. Likc in
any other competition the one who strikes or moves first getr the
advantage. You also need to understand preemption, striking before
you get struck like the lsraelis did in the 1967 Six Day War That war
was prompted by a threat of imminent attack by lsrael's neighboru, But
before the Arabs could strike lsrael made a pre-emptive strikc and
before the Arabs knew what was going on the war was over, $trik;
your adversary first and hard-legally. lt will put them into thc defcnrive
mode while you continue your otfensive. As you will soc your
preemptivo move will paralyze them. lt will be like having knocked out
all their planes , ships and tanks before they know what happcned,
Tirning and when to start your action is extremely critical. lt detormlner
who has the initiative and you must get that first. You'll learn that and
more.
You must remember to be successful in all your actlont you
must prove your case. Document, document, documentl Wtthout
documentation, evidence or witnesses you can't do anything or go
anywhere. That is why when reading this book you must not put rt
down until you understand that documentation is important ar without
it there is no case. Read this book over and over againl Undorlland
the strategy.
Know the law and consult with an attorney when you aro
roady or about to proceed. Whatever the basis of your legal action in
law, research that law over and over again. Read this book ovcr and
over againl You must have the proper and correct theory applird in
lhe form of a complaint that is the correct cause of your actlon, Your
action may be limited by s worker's compensation law, you may hava
a intentional injury which is a tort, a civil action or discrimination acllon
covered by a civil rights law. Each of these actions are filed in mparate
or multiple jurisdictions. Jurisdiction is which type of court can hcar lha
type of action or complaint you are filing. A simple example automobrla
violations are heard in traffic court. Family disputes in family court

Most lawyers will tell you law is an art and I'll tell you rt'r moro
a science. The reason it is a science is that everything har rulcr llks

(lh. 7 P9. 52
in physics or chemistry. lt's less of a science than math because things
rarely add up except the legal bills.

While on legal bills our strategy is that the employer pays all
the bills at all times and you pay no one anything at any time. You
must in any and all cases involved demand that the petitioner, plaintiff
or the employer in your case pay all legal expenses if you win your
cago,
Yes all this can be done. The law does protect us oncs wo
invokc the legal protection available as mentioned. lnvoking that
protection is central to our plan.

Our plan will be based on the employers plan and it will

depend on how well the employer is prepared. Then you initiate your
own counter plan. Lets examine their tactics to determine their
strategic plan and then get them into our plan.

**NOTE: Remember as mentioned above in any and all

sulfc or actions make sure you sue for all legal cost!, ln
your complaints and all for amending your complalntg
as noeded before trial.

Ch. 7 ['g 5l
 Noteworthy Legal Citation:
The courte have found that there lg nothlng fraudubnt or
rgalnet publlc pollcy when e company le lncorporated to llmlt lb
llrblllU.
Mlller v. Honde , 779 F2d 789 (1't Clr. 19S5)

Ch, 7 P9.51
Chapter 8. Recognlze The Employer's Strateglc Plan

Planr Companlee Uge

The Documentatlon Plan
Don't Play into thelr hands
Do not allow Them to Destablllze, Cafole, or Mlelead You
Do not be Lulled into a Falge Sense that All ig OKI
Do not Truet Anyone ln Management
Thelr Mort Common and Effectlve Strateglc Plan
The Performance Attack
Dlflcrent Plans for "Different" Employees

Recognizlng The Employer's Strateglc Plan

Employers that are determined to terminate you will use onc

or more strategic plans to get you out when using wrongful dischargc
techniques, lf they have immediate cause to fire you no planning lr
needed on their part. But if the termination is built upon fraud they
have to plan very carefully, take their time, document and take every
legal precaution. So exactly what common types of plans are there and
what can you expect to experience ?

Plans Companles Use

Psychological induction to resignation or submitting to

tarminetion is the most common form and considered a'safe" stratcgy
usd by employers because nothing is written or documented that csn
be uoed against them. As you know documentation is your bart
defanse and your best offense. Employers know all about it so they do
not wish for you to have any documentation. So often using thit
stralegy all you experience initially is verbal communication. Becauac
of the trnportance of documentation I will stress here that even though
you had a verbal exchange and meeting you can still document lt by
writrng down everything that was said, the date, the time and with nnd
by whorn. Note any meeting attendees and witnesses and note any
other circumstances that may have to do with the meeting, For
example if they tell you on "such and such day your did this at work',
detatl everything. Not only detail what was said but the context and
prelense of the meeting and any follow up conversations, You evon
may note what they were wearing that day just to refresh their memoryl
Send them a follow up note too covering the things said especially rl
you have e-mail. More on that later,

Ch. I Pg 5t
 The Documentation Plan

The documentation strategy. Here the

employer startg to
write you up for every little thing and builds a case against you, Notioc
are put in your file but only before you sign them and you arc givcn e
copy and an opportunity to reply or provide your commcnh.
Understand that signing without adding any commentary rcply
challenging the false assertiong makes those assertions truc, Thoy
may make you think that a appraisal or review that is written ir good
juet to make you feel all is really safe.

Don't Play lnto thelr handr

Thcy wlll Chmt, Llc, and Stul. Anythlng to Beat Youl

Employers that use fraudulent techniques will reoort to

anything they think they can get away with and will use onc of th;tr
most popular techniques and that is deception, Deception is ured lor
lactical purposes to put you into a position of disadvantage and to put
tha employer in a position to obtain additional tactical advantagor ov6r
you, Deception plays a very important role both in thelr and your
lactical and strategic plans. Always be alerted and awar6 of thcge
lactics:

Do not Truet Anyone ln Management

Management ir not to be befriended. None are trurtwurlhy

unleu you feel they have eamed it from you. Only you can dclcrmlne
who you can trust over a period of tlme. You will find that managamonl
and it's allies will work in concert to achieve their goal of obtarntng
your termination by any method,

Ch 8Ps 56
 Do not allow Them to Dectablllze, Cafole, or i/llglead You

Managers, supervisorc or your immediate superior may bc the

key pcrson in your termination and sets the stage for the finalact. Part
of thelr psychological war is to confuse and destabilize your thinklng.
Examples that are used is that may be ruda and say nasty thingc to
you, criticize your work or other behavior to you personally one day
and then they alternate and become very nice and pleasant with you
in their next encounter with you. This alternating attitude is designed
to confuse your thinking causing you to deviate and cast doubt on your
susprcrons. Don't be cajoled means don't let them start to
befrlend you because it's just a ruse for the reasons just stated. Thay
are out to destroy you. This has been witnessed, reported and
experienced over and over again.

' Notl if you can prove they said anything defamatory to any co-
workor you have a defamation lawsuit providing you can get thc
peruon to testify for you, When the time comes for an all out legal
assault you'll want to bring in every cause of action separately bearing
down on them so hard financially with legal costs. Tape record
whenover you can.

Do not be Lulled lnto a Falre Senee that All lt OKI

Once you feel or know you are on the way out stay on gurrd
at all lirnes. lf management feels you may be on to them they may lct
thingr cool off a little bit but as previously mentioned this is misleadlng,
They rnay lay low on you for a year or more before they are ready lo
make their final move. Always be on guard!

Thelr Mogt Common and Effectlve Strateglc Plan

Companies lika well documented and legally tight causct lor
dicchrrgc. They will lie, cheat and steal to get you as long ar you
agrcc to document it for them. Your cooperation is needed by thcm for
thcm to succeed. Do not give them any legal reasons to terminate you
no mstter how insignificant it may be, Something as simple as tektng
homl a pan may be all they need at times. Now that you know thir you
will have the knowledge to identify this type of plan and how it workr,

Ch. I f'g 1/
 The Pertormence Attack

Attacking your performanco record is the company'o mogt

cffective plan in terminating you. lt may takc them longer and coat
thom more time but they feel vcry scuro if you don't catch on too
rcron, How it works is let us say you have been at your company for 15
ysars getting good to very good performance evaluations and one day
you get a new manager or supervlsor. This new manager starts to flnd
the tinniest faults in your work and starts to build and document a
portfolio of negative work performance issues. When evaluatlon tlmc
cornet along you ar demoted two levels but the managff or
tupervieor keepa lt positivc saying all good things but not wrltlng
rnything positive. You hava mixed feelings about signing but thlr
menager is so nice and pleasant with you and you sign becautl you
rra getting a confusd messegc. You made a big mistake bsceuro thc
only moEslge is what waa written and what you signed and whrl wel
written will be held agalnet you ag evidence.
They have just created their firet documentation and a poor
one at that without you knowing it. This pattern will continue unlear you
challenge it immediately and head on.

Dlfferent planr for "Dlfferont" Employeer

The employer's strategic plan is based on the tactlcl end

tachniques they feel you ar6 susceptible to, Their prellmlnary
aasessment of your personality type determines their approach. lf lhay
think you are frightened and an easy push over then they usc thr roft
prychological technique.
lf you ar considered the "alpha" type personallty wlth en
appreciation of your own ability their tactlcs will be more mcthodlcsl
crnploying documentation and certification by cohorts or othcr
management personnel and employees,
It geE really good when they have to deal with somaonl who
luat read and re-read thig book. After reading this book the cmployr
will have no idea what happened to them. Once they aia your
rasponses, their plans will fall into disarray and fall apart. lt will makt
tham crazed with not knowing what to do. When they are in thlr lteta
r state where they havc to mako decisions based on rorpcnioi
lhay've never had ever encountered previously and no book wnilon
about or standing policy to rely upon they are in serious troublr. Thc
tourco of their trouble will have been the source of your troublo at ona
llrne before you read this book - that is not knowing how to dcrl wrlh
the unknown.

Ch. I Pg. 58
Chaptor 9. Developlng Your Defenslve Strategic Plan

What ie lt?
Why have it?
Legrl Theory: Development of Your Strateglc Plan
Selcctl ng and Applylng the Correct Legal Theory
Statutory Vlolatlong- Federal & State
Torts
Defamatlon: Slander and Libel
Crlmlnal Liabillty
Drawlng Your Employer into Your Legal Plan
Urlng Slmultaneous and Multlple Strategles
Example Plan in Actlon
Deelgning and DeveloPlng You Plan
You Have Chosen Two Legal Theories
Your Defenslve Otfenglve Move
Glau Actlons - Pure Power and Pure Joyl
Staylng wlth the plan

Developing A Defenslve Strateglc Plan

We keep talking about planning by both the employer -and

employee. Now ihat we have identified and are aware of some of the
emirloyer's plans we will look at and develop your plan- The
Employee's Strategic Defensive Plan.

What ig it?

The strategic plan is based upon the theory of law that you are
going to invoke in-defending your employee rights and if needed in
iitigaiing your wrongful or fraudulent termination. Your strategic plrn
nai two phases, initially you will gain the tactical advantagQ tl
defcnrive positioning and later using the advantages againrt tha
employers offensiva initiative. The first provocation or offeneivo
initiallve should be made by the employer and it's best when it is thc
employer. Those initiatives include the employer's starting to document
a cgd in any way against you. You will rarely make the very first mova
without any provocation, We will go into more detail when and how to
mov9
Recognize and identify the employer's plan as e?rly ar
posstble, Compare this part of the plan to a phase of intelligenca
gatharing prior to acting, The employer's aggressive initiative along
wltn ttre tactics they use will giva you clues as to their strategic plan
and allows you to d6velop your own strategic plan and counter taclicr
You don't want to be the last to know you are on "the list"'

Ch, 9 f'g $$
 Why have lt?

Having a strategic plan in your defense from thc vory

beginning of any suspicion that your employer is targeting you allowr
you to early on in the game recognize that you need to start to collect
cvidence and documentation. ln the beginning chapters you read how
you should start protecting your rights by collecting and documentlng
evidence relating to your work and conditions of employment. That
documentation will be first used to support your defensive argumcnt
and later you will use it to pound them with it either alone or with legal
counsel. lf documentation is done from day one you will already havc
e amonal in the event of having to confront an attempt at a fraudulqnt
terrnination by an employer.

Legal Theory and the Development of Your Stratoglc Phn

When we speak of applying legal theory to your strategic plan

ws speak of and applying the law that fits or legally appliec ln your
case. An example : You would not file a age discrimination compleint
uaing the law that protects workers over the age of 40 (a so-callad
protacted class)if you were 25 yearc old The selection and
presentation of the most effective legal theory must be determinod in
advance so you do not waste time preparing a case by gathcrlng
cvldence that may be of no value. There maybe a possibility that you
may have multiple theories under which you may file deponding on
the particular facts in your case. lt would not be unusual to hevc r
crirninal, civil tort and civil rights case all out of one action in dlffarcnl
courtc,

Selectlng and Applylng the Correct Legal Theory

Fcdrrrl or Stetr Courl or Law or Both Mry Br Urcdl

Ch, I P9,60
 ln chapter four we discussed a number of theories for your
case but again I must emphasize that the correct one be applied given
and considering all the circumstances. A good example of thoory
selection is a case involving of a wrongful termination in contract
employment case defended by the employer to be a case of an at-will
employment relationship. The employer gave no other reason oster
than the employee was not needed. What his attorney failed to
conslder was that the employee had filed a workers compensation
cas1 and comments were made by the employer that he would "fircn
him if he filed because there had been too many work related infuriet
at hir company resulting in claims. The attorney attempted to argua
and failed to prove his age discrimination case when in fact thir
employee was really a victim of retraliation for a workers compencadon
claim he had filed. This error was due to two things one, the aftorney
failed to ask all the right questions about his case and it's history and
two the plaintiff in this case should have mentioned any previout or
related litigation with this employer.
lf the attorney/employee had argued retaliation for filing for
Workar's Compensation a violation of public policy the burden of proof
would have shifted to the employer. The employer would have to
prov6 that the termination was in fact not because the employee filad
for worker's compensation and that employer must prove that tho
termination was unquestionably not in retaliation for the filing of
workor' s compensation,

Statutory Violatlong- Federal & State

Chapter four also recalls some of laws that protect you from
wrongful or harmful action by employers or their employees . Thaao
included the most important classes of laws, the civil rights actr
protecting you from discrimination and worker's compensation lawl
that cornpensate you for injury at the workplace, These all providc
remsdies that are specifically dictated by statutory law both at state
and laderal levels. There are two other areas of law that can bO
applied giving us a total of at least four major theories of law that you
can 6mploy. The last two are what I believe the most effective and you
will goon learn why. Please note I have used these tactics and they arc
bombshellsl

Torts

Torts are injury or harm done by another whether a company,

excutive or employee to you. As we learned earlier work6r'i
compensation laws protect the employer from any lawsuit as long at

Ch sPg 6t
you are an employee, on the job and are injured on the job you have
no right to sue. You may only collect what the worker's compensation
law provides in your state. The important exceptions follow and thc
reason they important is it they greatly expand your tactical arsenal
and strengthen your strategic plan if your case allows.

Defrmatlon: Slrndcr and Llbel

One of the biggest causes of action during and after dircharge

of employment is defamation. An employor and it's managemcnt ero
lleblc for any defamatory communlcation about you that ir givcn or
conveyed to a third porson. That information includes sexual
harassment, alcoholism, theft, fraudulent conduct, incompetonco,
diseases you may have or illegal drug use and other communicatlonr,
These defamatory communications must also be fellc, ln
cases where they are true you can still sue and win if you can provc
that the intent of these true and defamatory statements wers madc to
cause you intentional emotional harm or prevent you from gcftlng
another job if you are separated from you company.
Again DOCUMENTATION is key. Witnesses must come
fonrard if it is a case of slander. Slander which involveg spokcn
communications that are defamatory and can happen in a onc to onc
or a group conversation. Libelwhich is written about you demandr thet
you produce something written such as an internal memo, company
publication or negative post employment job references, Thoac car.i
are highly actionable.

Crlmlnal Llablllty

Often an employer or it's management will use tacticr that aro

crirninal in nature to setup or frame an employee such ag creatc s
felse expense report or a forged employee's signature on a check lf
you can prove it's a forgery with he expert testimony of a handwrrtlng
analyst you can ask for and possibly get a criminal indictment and lator
possible civil and punitive damages,

Drawlng Your Employer lnto Your Legal Plan

When you know that their termination plan's basis or pralcnlc

lr false and fraudulent and you cannot prove it directly how do you fight
back? You use the law that you have selected based upon tha logol
theory or statute that offerc you the protection and then coll;cl your
avidence.

Ch . 9 P9,62
 When you dealwith immoraland unethicalemployers and they
use lies and fraud and play by no rules some would say to use samo
techniques they use to build a case against them the way they built
one on you. But you must remember that you have to document it and
be able to prove you claims, lf you use fraud to fight back and get
caught you can be put in jail.

Use the legal and the lawful application of law and consult an
attorney if you have any doubts. You must read the current law to
make sure if it still applies in your state and have it reviewed by an
attorney.
The Bagls for Your Real Actlon

There are many reasons they are terminating you illegally but
most likely the reason they are letting you go is because they are
interested in keeping their benefits plans healthy for the chosen
management team or club, To accomplish this they dump oldcr
workcrs and replace them with younger workers. Eliminatc the
poritions for a year or two and then bring back the position. l've seon
it happen over and over again.
As long as they have no legitimate reason you have the rlght
to suc using any of the legal protections discussed providing you havc
the needed evidence. Remember, no evidence, no case.

Uslng Slmultaneous and Multlple Strateglee

Many employers have mixed motives for termination and it is

up to you now that you are aware of the legal protections under the law
to datermine the correct law that they are violating. Most people havc
no clue that all these laws exist because your rights are not
advorlrsed. Now with this new found information in hand you are raady
to fila all your complaints with all the different agencies and courts that
are thsre to protect you. The more cases you file that are based on
good and hard evidence and filed in "good faith" the better the chancc
you wrll succeed in your case. But as a rule file complaints in overy
jurisdtction of law using every law that protects you that the ernployer
violatod

Example Plan in Actlon

At this point we will create a plan to counter an ernploycr

fraudulently setting up a longtime employee. We will assume tholr

Ch. 9 ['g 63
motive is to replace her because she has been there too long and is
nar retirement.

Deolgnlng and Developlng Your Plan

Let us say you've been there tor 25 years or moro and hava
an outstanding wdrk-record but recently you have got ? new suporvlmr
, This new sufervisor is critical of all your activity and says "you keap
working like this you'll be fired' and then when you perfo.rmanco
rsviewiomes up you received you first poor evaluations and ratingc
in all those year's.-The employer gives you ? written warning that you
are asked tb sign. You decide that you will not sign unless you arc
given an opport-unity to respond to the evaluation. tou respond and
ivrite what ybu statd are the facts in rebuttal of the false or negllgcnt
appraisal.
You are clear in your mind that this supervisor lc out to
terminate you and are very upset given the fact that she in thlr caco
already has in her mind teiminatioh ig the only optiol for you, Al tha
weeks'go by this supervisor continues to berate yoy for any poaaible
rcason-ofteh tying bnd distorting the truth, Based upgf what.wal
written in the ipplaisal and thaf their assertions are false and tho
hostile action by the employer you know its time to act. You recoqnlec
that their plan is to fire or terminate you because you.r are no.t dolng
your job. What laws should your strategic plan involve in your dofcnlc
end offense?
You Have Chosen Two Strateglc Legal Theorler
You have decided that the strategic plan you have cholen
involves a civil rights law violation of age discrimination becaule thore
ir no other badis and you have reviewed you state's wofklF't
cornpensation law and it siates that stress and depression caulod at
tha workplace in course of the performance of your job by. nny
including management that is wrongful is compcnls.bli,
' - Specifically
cmployed
in yofr caso the unwarranted threat, contlnusd
hoctile acts by the-supervisor against you and negligent apprnlul dl
lrsd you to cbnectly believe that this supervisor is out to wrongfully
Itrminate you producing distress,
Your Defenglve Offenclve Move
So what is your first defensive move? What do you hsvo lo
work with legally at this point? Assuming _ that you havc no rael
eyidence ye[ for age discrimination you file with a attornoy lhel
'
*pecializes in worker's compensation casesl,
Your lawyer tells you that you have a legitimate legal elalm
lr;cause of the medically diagnosed severe stress and depr;l;lon
besed upon the hostile acts and intimidation by the supervl$or unqltr

Ch. I P9.64
the threat of termination. The attorney files this case at absolutely no
cost to you as the law does not permit the attorney to charge for
worker's compensation cases. Attorneys get paid only after the award
or compensation has been made. No compensation no payment.
So what has happened now? Two things have happened,
First., The employer is surprised that you made this legal mova to
protect your right to be free from harmful and distressing commentary
and threats by the employer's supervisor. Second. You have invoked
additional protection to the exception of the at-will doctrina of
employment by way of retaliation for filing a worker's compensation
benefit.

This move will clearly make the employer's head start

spinning, not just because you just filed a legal action but becauac
filing the worker's compensation case will force a legal examination of
the basis of your claim and uncover the clear fraud of the supervioor
and ernployer. This in turn may give rise to a civil complaint of a
negligent appraisal, defamation or possible criminal complaint if th6
activi$ of the employer is that at the level that constitutes any crimlnal
actlvity. lf you get them at a crimrnal level that is a stiff fine and jall
time,

Claes Actiong - Pure Power and Pure Joy

This type of legal action is the most powerful and loved by

attorneys when there is a prima facie case and/or cause of action wlth
all tha necessary proofs and evidence. lt makes the employer wlsh tt
novor happened. The reason attorneys love this type of action and
cas6i is because when more than one person is commonly wrongad
in a particular class or group of people let us say for exampla all
femalos, blacks, Hispanics, aged over 40 all can join in a single suit by
a singlo attorney. The resulting class judgment becomes binding on all
the marnbers of that class. Of course the lawyer gets his percentaga
from each member of the class action lawsuit which makes him and
evryone happy in the end, When you have a good class action
attornoys will often jump right at for the rewards for all.
Always be on the alert for this type of action and communicalo
with your network and see who the other people are that are being
wronged by the employers action. You may have a class action and
not cvgn know it. You must networkl

Ch I P0 tit
 Staylng with the Plan

Once the plan is put into action by filing the necessary legal
claims listen to what your attorney and the other professionals havc to
say. Say nothing at work except stay in touch with your network of
frlends, The plan continues with you gathering evidence for your egc
dlscrimination case. Ask all the members of the network to providc you
with copies of any of the employers handbooks or work rules or guidor
and also anything that has to do with the terms of employment.
Continue to keep a diary or log of all your work related activity.

Once you have gotten this far you have taken the initiatlvc
and taken the steam out of the employer's wrongful and fraudulcnt
attempt to terminate you. You are ready to broaden your defensc with
a tactical counter offensive which will surely put an end to thelr tsctlcr
ln their strategic plan to terminate you for age discrimination undcr thc
guise of poor productivity. This action will be based upon your
understanding of what is evidence and how it used tactically to finally
defeat them. This requires collectron of evidence and witnescel,

Whatever you do remain silent and only talk to your lawycrr il

you need to talk about issues, A documented slip of your tongut can
ceuse you to lose alll

Ch. I Pg. 66
Chaptor 10. What ie a Tactlcal Advantage?

Obtrlnlng the Tactical Advantage

Flrst Strike and Your Counter Strike
Tactlcrl Offense ae a Necessery Defense
Dlverelonary Tactlce and Lawful Complalnts
lnvoklng At-Wlll Employment Exceptlon Protectlon
Tactlcal Arsenal: Documentation
Daily Records
Follow up Verbal Meetlng with Written Confirmationt.
Use Electronlc Mail
Make Tape Recordlnge

What ls a Tactlcal Advantage?

a better
A tactical advantage is being in or putting yourself in
position than your opponent. Example your employer may us6
"hearaay" evidence saying that "Wilma told me she saw you steal th6
laptop computer " and that is why they are firing you. You just happcn
to know and have it documented that you were away on vacation and
have the records to prove you were in another state at the tima' Your
documentation has given you a tactical advantage in that your piece
of avldence refutes without question any assertion that you werc at
that location at that time to have done what you are accused of, ln
court "hearsay" evidence in not admissible, Wilma must testify.

Obtainlng the Tactical Advantage

Obtaining the tactical advantage means for the most part

striking hard, fast, effectively, unexpectedly and legally using a gound
legal basig which must include evidence or proof. We talked about thr
t mZ Middle East war where lsrael was threaten by hostile enemieo on
all hor borders. Outnumbered by men and machinery she took tho tlrtt
blow and it was blow so devastating and deadly her enemies could
not recover and thus the war was over in six days, often referred to aO
the $ix Day War. You want a Six Hour War!

Flrct Strlke and Your Counter Strlke

Tactically this first strike was extremely effective and pointl oul
the power of pre6mptive strikes. Preemptive strikes are strikes thal ara
ma,ic rn res$onse io the threat of being attacked. The first movot by
employers are because of law more of a warning than immediato

Ch. 10 Pg 6l
omployment termination, This is a real advantage to you because now
that y6u know they are coming for you, you can adjust your first
tactical counter strike carefully and execute it swiftly once you have
given careful consideration of all the strategic value these tactics
have, The tactical offensive move must contribute to the strateglc plan.
But how does a tactical otfensive mov contribute to your strategic
plan?

Tactlcal Offenee ar a Necettary Defenge

Offense is a powerful early deterrent and in that regard lt ic a
defensive move providing the employem see it that way. An affoctlvc
prychological advantage is had when you execute an effectlve counter
strike. lt kills their strategic momentum.
Remember in the "Groupthink" theory's processes that many
management groupg unknowingly are part of that which gencrater
illusions of invincibility. This is the source of bad or illegal judgmcnt
calls by these groups? When your first tactical counter strikc happcna
the group will be scurrying about not knowing what to do. At thlr tlmc
they are most vulnerable to making other legal mistakes that you must
document and collect as evidence. Be alerted to any mistakoc lhay
may make, Capitalize on their mistakes. Record, note, tapc and
documentl
Dlverrlonary Tactlcr and Lawful Complalntr
The fact is that employers ar6 always violating ths law and
most of the time they know it. But they also know or think thet no one
elre knows they are violating it so they believe that it will go
unreported. So why is this important for you to know? Simply tl thcy
aro starting an action against you and you see your company vlolallng
lha law you report that violation as a diversionary tactic. Thesc can bc
health or safety violations or any violations of local or state lawc lhat
you are aware of. These are things you need to keep an eyc out lor
Whan you report these violations you get legal protection undcr whlrtlc
blower laws protecting you from retaliation for testitying. Usc that law
for your protection. The whistle blower law is a powerful law.
lnvoklng At-Wlll Employmcnt Excoptlon Protectlon,
Reporting a legal violation against your company. Lolr ur rey
you know your company has been dumping hazardous wasic on lhalr
property or some other property in violation of EPA laws. lf you report
thcm 3 things happen. One they get into a big legal hasslc and rla
arsociated expense because of the EPA violation. Two, more
important you have just gained added protection under the excaptlon
ol the employment at-will doctrinel. This means if they attempl lo llro
you for any reason in attempt to retaliate against you the company wtll
bc soverely punished by law. And of course you are being e Oood

eh 10 P9.68
citizen doing your legal and responsible duty reporting the violation by
helping to keep the Earth clean and greenl!

Another example of reporting a legal violation would be that

you work at a plant that manufactures critical airplane parts that need
to be rigorously tested by law and you have witnessed that the testr
are not being done because they are time consuming and costly for thc
company. You also happen to see a report put out showing that on thc
day that the tests were not done and that four times the normal amount
of parts were produced, packaged and shipped and that this could
not have been done with proper testing. You report a complaint with
tha FFvA stating what you know and what evidence you have and so
forthl You have again invoked the whistle blower protection.
One final example and this has an added benefit where you
get a bounty or reward for reporting on companies that defraud the IRS
or tax agency, lf you can prove that the company is cheating on taxae
you may be entitled to part of the tax money recovered by the tax
agency. This also holds true for government contractors cornmitting
fraud in their products or services to the government and also applier
to fraudulent or double billing such as in cases in the medlcal
profession. You may become eligible for added rewards for reportlng
this fraud for saving taxpayer dollars. What a good citizen you arel
By the time you have made these tactical strikes you arc
actually now well into your strategic plan. lt is important that you
etfectlvely document all of your legal claims before proceeding and
havc rt reviewed by an attorney,

Tactical Arsenal: Documentatlon

Everything in this book is dependent on the E word-

EVIOENCE either direct, circumstantial, tangible but it must bc
credible and or of substance. Evidence also means having peoplc
testrfy for you. Some common and readily producible documentary
evidonce can be made legally by you and recognized by law, Thlr
includes your own documentation.

Daily Recordr

Keep a daily record of all your activity and take a copy homc
with you at all times. Make notes of all work activity either in a ltttlc
notopad or if you work in an office on a computer disk. Make entriel on
a regular basis including dates, times, activity and most important what
wag said to and by whom regarding any questionable practice by your
employer or employee if an employee is involved. Take special nolor
when dealing with a supervisor who is out to "get you". Note any and
all cornrnents that are made.

Ch. ,O P9 tt9
 These daily records when shown to be used regularly are
accepted in almost any court of law and of competent jurisdiction,

Follow up Verbal Meetlngr wlth Wrltten Conflrmatlont.

lf you have a meeting with a supervisor or manager wherc thc

issue has anything to do with a question of work performancc and
things are said or agreed upon or disagreed upon follow the moetlng
up with a letter asking them to confirm the contents and any
understanding that were reached or the continued existencc ol any
controversy that remains after that meeting. Follow up with your
rcsponse in writing,

Uee Electronlc Mall

Emrll lr Grcet for Follow -Up end Documcntatlon. Uac lt

Whcncvor You Crn end illekr Coplc for Yourcclf.

Computers are a marvelous invention and every company har

them. lt's power is in increasing productivity and its powcrful
communication capabilities are unsurpassed, This book would nivor
have been written without it, Now that many of us arc uaing a
co mputer at work to communicate how do we get it to hclp ur in
dcveloping evidence?
The big and terrifying secret is now out. Use electronlc moll lo
document any hostile or threatening activity by supervisoru that arr
altempting to set you up or is involved in some fraudulent wey lo
larminate you. Respond to any voice messages you can by alaclronlc
mailciting what was said in the phone call and add your reply fhir ir
erpecially important when you ar involved in any work related dlaputa
that may have any bearing on issues that might result in tcrmlnstton
down the road. lt'g commonly know as "covering your mulo' Urcd
su ccessfully this will nullify any attempt to fraudulently crostr th;
appoaranca or document by the supervisor any incident that may be
uled in their attempt to terminate you.

eh.10Pg 70
 Learn to document and do this regularly, What is great about
it also is that the courts fully accept this a evidence and companies aro
required by law to keep this information for certain periods of time and
in some cases for years in the event litigation is started, Electronic
mesaages are discoverable. Rules for some business are moro
stringent that others for the length of document retention.

Make Tape Recordlnge

Make Recordlngr to Refreeh Your Memory.

You may feel like a sneak using a hidden tape recorder but it'r
perfectly legal in most states. The general rule is that if the person
makor a recording and at least one of the people at the meeting know
it's being(you alone included )made it's legal, lt's a form of
documenting or note taking. Our Presidents since FDR taped almort
evoryone, The issue before some courts may be it's admissibility bul
you will find that many will allow it especially if it contains highly
relevant or criminal information.
Other uses for these tapes are to aid you in refreshing your
memory and what was said, A typical courtroom tact would be if thcy
asked you " are you sure she said that?" and your answer ir
"absolutely I have it on tapel" can you imagine them trying to rebut
that? Do you think they would dare ask you bring it in? What would a
jury thlnk when you make liars out of the employer?

On the use of tape recorders two things to note. Technically

almosi all of the small thin inexpensive ones you buy for $20.0O on up
do a good job and will record a whisper right through your clothes, Tsst
it belore you buy it. My favorite place to hide is right in my pocket onn
my sock. They are very sensitive and will record for one hour wrthout
havrng to change tapes, More expensive ones will auto reverse and
mora They are good for taping phone conversations or personal
meolrngs,

Ch. 10 [tg ll
 Regarding their introduction into any legal proceeding your
attorney will advise you based upon your state's laws and its court's
rules. lf the court allows it fine, if not that's is fine too! Most willl
ln addition your recording may not be used in court but your
ernployer can listen to it to make their own determination of the facts
in support of your argument. lf the employer decides to hear out your
facts with the supported recording you may not need to go to court,

Flnally buy a recorder- Go out and Get onel Nowl

Ch 10 P9.72
Chapter 11. Responding to Tactical Moves by Employers

ldentlfying Employers Tactlcal Errons

Employer lgnores You Valid Legal Gomplaint
Uslng thelr Errors to Your Advantage
Haraesment and lntimidation
Great Defense Agalnst Employer Abuse
The "Reasonable Man" Test for Merits of Complaint
Recognlzlng Where They are Vulnerable
Thelr Failure to Document

ldentifying Employers Tactical Errons

Ernployers often are too eager to get rid of people and

because they are they make some terrible legal mistakes. Although
they can be mean and rough verbally that does not mean they can say
anything that violates the law in a discriminatory, slanderoug,
defamatory $ any intentionally harmful way.
Any comments made by your employer that can be regarded
in any way discriminatory that can be construed as or is evidence of
civil rrghts violations must be notdd by you. Record if possible. Note
who, what when and where said date and time. lf anyone else was in
you presence note that also.
Some comments that are extremely threatening where you
truly and reasonably believe that the person intends on carrying out a
imminent threat of injury, harm or death should be immediately
reported to company and local authorities or police. lmmediatelyl

Employer lgnores Your Valld Legal Complaint

'Uh huh. I see. Huh. Okl" or "that'r nothlng"

Employer ignorance and arrogance can help you

considerably. !f and when you report to your management incidents of
threats, sexual harassment, or a verbal or physical assault and the
employer fails to act it becomes the added duty or responsibility and

Ch.11 Pg 73
in turn a greater liability to the employer if the employer does not act
to eliminate this type of activity by responding to your complaint
promptly or immediately as warranted.

Uelng thelr Errore to Your Advantage

It is your employer's duty to provide you with a safe, violence

and discrimination free workplace and see that it remains so. lf and
when you experience any of the threats and harassment that erc
discriminatory or injurious to you physical or mental health report and
document it. You must be patient and say nothing until the right time
especially if the comments are casual. This is especially true when the
employer or supervisor starts his tactical otfense. They will start by
saying little disparaging, distressing, or offensive things to see how
you respond and if they see that you don't respond they get bolder and
bolder in their comments thinking you are stupid or ignorant and will
put up with their harassment. They will continue until they cross the
legal threshold so you will have a "ripe" or "prima facie" case and be
able to establish your "burden of proof in establishing the basis for
your case . Of course while this is going on you are taking and making
notee and recordings.
You need to wait until the time comes when it has been said
and done and documented far too often for a for their defensive claim
"oh, that was just a one time comment." ln law there is a threshold of
activity that crosses over into the illegal before you can file a legal
claim that is called "ripeness." You can't file and expect to be taken
seriously if it only happens once except in some extreme cases where
there in a bonafide clear and immediate danger. lf you are under any
real or perceived threat report it immediately to the police if it involveg
the threat of bodily harm.

Harargment and lntlmldatlon

The most common form of getting people to quit is

harassment, and bullying intimidation at various levels. The purpose
of all this is to make you so emotionally upset that you either act
irrationally or get "burn out' then they expect you to do something
stupid that they can terminate you for. Typical example you keep
missing days at work because you are so miserable that they fire you
for absenteeism which is legal cause for termination.
Harassment lg defined ai "a coursg of conduct directed at a
spocillc person that caus$ substantlal emotlonal distress in such s
pnrcn and server no legitlmate purpose.. in the United States Codc
Annotated at 18 U.S,C.A, $ 1514(c)1.

Ch 1 1 P9.74
 Great Defenre Agalnat Employer Abuse

The fact they are harassing you to a point of emotional

disturbance and physically ill which includes anxiety, loss of sleep,
norvousness , stress and depression from their non business relatcd
actg of intimidation is actionable in law becauso this ie considered an
emotional/physical injury. There is no need for you to suffer this typa
of abuse. lt is a tort if you can prove it intentional. The very least it la,
is that is compensable under your state's worke/s compensation law,
Worker's compensation law allows you to file a claim for any work
related injury. As we mentioned before if you can prove that you havo
been subjected to this harassment and it was the sole cause of your
emotional distress where it etfect you and your personal life or your
work activity you can file a claim for worker's compensation in moEt
states, Check with your library on your state's law regarding etrare
relatcd claims or with a worker's compensation attorney.
ln addition once you file forworke/s compensation to treat you ,

for ha Btress of harassment and intimidation you gain some addltlonrlo

protoctlon from the termination in retaliation for filing for workc/t"
compcnsation. You must see a lawyer in your state regarding thi.',
ippfication ior thiE type of couet"ga. Mosf worker's coirpen*lbn,'
tdwyrre will not acceli a fqe as feeb are not permitted by law unlcu
the ca;c has been settled.
lf you are truly severely distressed go to your doctor and havc
him give you a test to determine the cause of your stress. lf the doctor
determines that there is no other reason that you are distressed except
for your job he will make that determination. He may also prescribc
medlCation if your distress is severe, Under worker's compensatiOn
lawo the employer must pay for all medical care and prescriptionr tl
tha condition is caused by and directly tlre result of work activity or
environment.

The "Reasonable Men" Tert for Merlta of Complalnt

The test for this use of the law is the "reasonable man' tlti,
Whlch rneans that how would soms else under similar circumstarrcol r

react? Would anyone else respond in ths same distressed way? Att,,
your*lf and othirs as they aro your jury. Generally a single incldlnt'
irnleff very extreme threatening or terrifying comment madr tl*.
intantlonal Llarm you will not be sufficient. You must show that thul
I
wac pattern and unrelenting abuse. Two or three docurnanlA$
incldCnte would sutfice in many cases. But again you must hrvc
evidance and documentation,

Ch 11 Pg tb
 Recognlzing Where They are Vulnerable

The employer has all tha responsibilities to Eee that you aru sl
mfe at work a8 you are at home with the exception of job hazardr llkc ,
working ln a chemical plant where there is exposure to toxic chomicalt..,
ln a hazardoue work environment it is the duty and responsibillty ol thc
crnployer to provide you with the proper safety training garmentc or
equipment. Almost all hazardous work environments must comply with
OSHA laws. This means full compliance that includes posting of salaty
information and other hazardous work related information.
To recognize where the employer is vulnerable you nacd to
understand their business and as many aspects of it as porriblc,
Besides being aware of civil rights violations which are mafor sourc;t
of cases against companies the awaroness of safety issuee ir of
highest importance not just for you and your co-workers but for thc
gcneral public, For any and all violations that you see makc notc of
them and report them to your employer. The reporting of thctc
vlolations not only serves to protect others but gives you addltlonel
protection from retaliatory discharge.

Thelr Fallure to Document

Employers that are out to get you also have to document thclr
cese or they can be found liable in a court of law for wrongful,
ncgligent or fraudulent discharge. lf the employer fails to provc thclr
caae they will have to pay costs , damages and other penaltlcr in
meny case3.
Documentation and evidence is what this book is all about So
Alwayr Thlnk Docum !

eh 11 P9,76
Chapter 12. The Employer ig About to Move ln on You

Tactlcal Preemptive Moves by Youl

Legal Theory and Flllng Tactlcal Legal Complaints
lnvoking Legal ProtectlonJust Cauee for Terminatlon
Rlpenese- The Rlght Tlme to Act
Burdcn of Proof and Prlma Facle Case-Dlscrlmlnatlon

The Employer is About to Move ln on You

You are a point where you have documented the employer'l

fraudulent atterripts to terminate you and you know that it will probably
happen in the next few weeks or so because you have learned of their
timing for terminations in this book or have gotten word via thc
network, What is you next move?

Tactlcal Preemptlve Move by Youl

You must now file any and all claims you have evidencc for
by secing an attorney. lf any activity is criminal you go to the policc
or directly to your county prosecutor's otfice and file a report with
evidence in hand. lf its related to OSHA for health & safety or to EPA
for environmental or other federal violations report them to thc
appropriate agencies. All these agencies have representatives in your
area, Also report these violations to local authorities.

Legal Theory and Fillng Tactical Legal Complaints

Again we will emphasize that there are different laws that a

employer breaks that you must see the appropriate agency. lf you arc
reportlng a safety violation that you have previously reported to your
employer in writing and a long time has gone by and that unsaft
condrllon still exists you have to file or call OSHA as this ir a
workplace safety issue. For filing a OSHA complaint or othcr
complaints see chapter four The local phone numbers and lhorr
locatton s for these agencies are easily available from telephonc
information, Most have toll free numbers in your area.

lnvoklng Legal Protection and Just Cause for Termlnatlon

Once you have filed a complaint prior to your termination your

employer must almost always cease their termination proceedlng
agarn*l you for fear of a retaliation claim. lf your claim is fraudulenl or

Ch 12 Pg tt
lacking in good-faith your case will be dismissed, Also even if you file
these good-faith claims that you truly believe to be a violation of the
law but the employer can prove that they had just cause to terminate
you they will terminate you but their case must be very strong or they
may lose on grounds of retaliation for which the penalties arE s6verc.

Rlpeneae- The Rlght Tlme to Act

Ripeness means that a case is ready for prosecution or flllng

because all the elements that make a tort or crime have taken placc,
ln other words the persons or employers have broken thc law aa
written in law by performing the specified acts. lf you file a complaint
or a report before all the required elements of the violation or tort ic
cornplete thera will be no cas and you may find youraolf catc
dlernissed or in trouble for frivolous filing of a complaint. Underglnnd
the law and consult an attorney.

t)
iri
,24;
Tht Tlmc lr Rlpc Whcn You Havo All the Evldence
And All thr Rcqulrcd Elomcntr of thc Vlolatlon Exltt.

When the time is ripe and you have all your evidence thet E
lhc time to invoke you legal right to protection by the law. Go to your
attorney or legal aid or whatever legal services you have avarlablc and
rnake your report or complaint to the appropriate agency, You nacd lo
do this before they terminate you, This will give them som6 othor
lhrngs to think about and at the same time provide you protecilon lrom
rotaliation if they have no just cause, a weak or marginal caso agetnrt
you for termination.

Ch 12 Pg,78
 Burden of Proof and Prlma Facle Cage-Dlecrlmlnatlon

In addition to "ripeness' which means that you have a

responsibility to prove that you have a case and you must alro
establlsh and prove certain elementg of the act exist and that
responsibility is called a "burden of proof. This burden containl
certain legal requirements that a judge and jury are looking for in your
casc which make for a prima facie or credible case.

ln ordar to establish a prima facie case you need to prove four thlngr:

1. You arc a member of a protected clasE, by age, race, religlon or

othcr groups protected by the law as in chapter four under Titlr Vll-
You ere protected by public policy or you are the exception of Utc'_
doctrlne of at-will-employment and a victim of the employer faillng to,
deal ln
*good faith' or a victim of retaliation for exercising a lawful rlghi.,

2, You have been doing a good and satiEfying job,

3. Dorpite the fact you are doing a good job you were discharged,

4, You w6re replaced by a non protected worker or that a non

protccted worker with a comparable work record was retained.

These elemente of proof wore established by thc Thlrd

Fedcrel District Court in 1989 in Eaxter v. AT & T Communicatlont.
712F, Supp, 1166,1172 (D,N J,)

Ch 12 Pg /0
 NoteworthY Legal Cltatlon:
speclal voteren'g rlghb are outllned ln ths vctrr.n'l
Reomployment Rlghte Act and lt requlrer all employen to glvr
veterenr extra protectlon relatlng to leever and returnlng to worlt
nlated to mllltary tervlce.
43 U.S.C. tlt. 38

eh. 12 P9.80
Chapter 13. Terminatlon Day Scenarlo

The Year, Month, Day and Hour of Termlnatlon

Termlnatlon Procesg
Explanatlon Why You are Belng Termlnated
Severance Agreements and Releares
"Slgn Here Pleage"
Coerced Slgnatures
Fraudulent Term lnatlon
Flghtlng and Defendlng Fraudulent Termlnatlons

Termlnatlon Day Scenarlo

lf you are being justly or fraudulently terminated the procer!

is usually quite the same and these are some of things you are going
to need to expect and plan for, The exceptions although are many art
going to be dependent on how concerned the employer is with a
lawsuit, security concerns and if it is an cause for immediatc
termination on the spot.
We will go through a typical process. This process is usually
planned in advance with human resources and legalcounsel reviewlng
the process prior to the actual discharge.

The Year Month, Day and Hour

Tlme when you are mort llkely to go.

My observations have been mainly with four Fortunc 500

companies l've worked for and the interview of many others that arc
the basis for timing. As we discussed previously the companieo alio
adjuot their terminations to a clock set by law as in the case of thc llvc
year vestrng legislation passed and their business plan's cyclea

Ch.13Pg 8l
 Another major factor for selecting the year is unemployment
compensation. The way this works is that every employer is allowed
llo rnany layotfs per year where there is no surcharge by the stato, lf
they lay off too many people in any given year they have to pay tho full
arnount of the unemployment for that employee.

Besides the legal clock companies in their atternpt to avold

litigation and also as part of their financial planning will otfer buy-outr
prior to phasing out operations or business sections to juotlty
tcrminations. These cycles can be any number of yearu, Wlth
multinational conglomerates what you will observe is that they combinc
and eliminate subsidiaries or business groups and move them all over
the country. Closing one location and opening another locatlon, So
there are cycles. Learn about your company and anticipatc" Sornc
torminations ar strictly head count and bottom line.
The months you are least likely to be terminated art
November through January. This may be because of holiday trauma
and its associated stress, So in that respect there is some humanity in
the terminating process. The spring and early summer monthr lr thcir
lavorite time for just the opposite reason it just that time of yoer you
foel about your best.
The day of the week will be Monday or Tuesday. They fecl that
you will start looking the next day for work instead of spending tha
weekend mulling over a Friday termination,
Early afternoon seems the time of choice. I guess thcy wanlod
you to enjoy your lunch or they feel less nervous about doing lt tl thcy
ate first is what one HR person told me. They want to feel good ebout
having done the "right thing,"

Termlnatlon Proceer
lf you are terminated on the spot for some justifiablc rcaron
you can expect to go through some complete ritual. lt will lnclude all
the understianding and offer of support with empathy thrown ln. All lhir
willtake place with monotone voices and emanating from cold rigid
looks and frozen body movement.

Gettlng Called ln
You will, most likely be called into either the HR departmonl or
iorno obscure room or office you are not familiar with. lt's daatgnod to
glve a feeling of neutrality because a managers's office rney bo loo
ovrpowering on you and provide more distress which thcy wnnt to
minimize, You will most likely be in the presence of your suporvror
and the HR representative. These people will tell you why you {rrr
there and start talking,

Ch. 13 P9. 82
 Thelr Explanation Why You are Belng Terminated

lf you are being let go for tegitimate business or other reasonll

you will know why you are there. They do not have to give you any
ieason for letting you go as per the doctrine of "At-Will-Employment"
unlegg you have been there for quite awhile and under common law of
a
dealing in "good faith" give you reason. the reason islf
underCtandable and expected by you then this is no shock so you
should be prepared for some type of release agreement although it
may not always offered.

Severance Agreementr and Releaset

lf you are in any legal position to any claim of right you will bc
offerad a severance package of some type. lts customary for your
company to give some severance pay you will get it. Most companiec
will give nothing for less than one year of service, One year and more
youlre more tiXety to get 2 weeks for each year which is the normal
amount, The exception can be found with older workers who arc
somotirnes given more because of their age.
Sevbrance packages can include job placement assistanc6,
retrainlng, continuation of medical benefits (COBRA) and othor
benofits available, Note if you are being terminated for any grost
wrong such as theft, violence, or any criminal acts you may -not bc
entilad to any benefits at all including COBRA health benefit offeringl,

"Slgn Here PleaSs"

Read and Undergtand Every Llne Before You Signl

Ch. 13 Pg ttl
 The smartest companies will let you know between 45-60 days
if it is a layotf or reorganization move that eliminates you position ir
going to tjke place. lf you are being terminated for other busineas or
[ers6nat performance reasons then you will have had documentad
notice in advance alerting you to the conditions that have led you to
this separation day. You in all cases under "statutes of fraud " ln your
etate have a period of time to revoke a signature on a contract, A
sevarance agreement is a contract. A contract has three partf 1, An
offer (you to ieave without suing) 2, consideration (amount of moncy
or benefit you get) and 3 Acceptance by both parties. That ig it,
Only sign after you have had a chance to review it or if you src
persuaded to sign on the spot make sure you take a copy with you ro
if or when you go to your attorney you can review it at home or with
your attorney to decide whether you did the right thing or not,

Exlt lntervlew and Flnal Detallr

Exit interviews are conducted to protect the companial

tntellectual property or trade secrets. The employer reviewl your
personnel file for any overlooked details regarding w!.at typt
confidentiality agreements you may have signed or not. Thay wlll
rcview with you and remind you of your agreements that may cxlet
after leaving.
Your company at this point at exit will ask you to raturn any
and all company identiflcation, credit cards, keys, tools, or any othar
company proPertY,

Coerced Slgnaturee

lf you have been forced to sign with a threat such at "tign now
or get noting late/'you need ask if you n call a lawyer, lf you ari th;
type like most you will sign but again the law clearly allows to wtthdraw
your signature within at least 24 hours and more dependlng on tha
state, See an attorney immediately if that does happen, lf you can not
t0 an attorney quickly do not cash any checks given or acccpt any
benefit as that means you agree to the release.

Ch. 13 Pg 84
 Fraudu lent Term lnatlons

I still can't believe it but it still happens - use of outright fraud

in terminations. Forged documents, signatures, lies and more just to
terminate some employees. For the most part they have been getting
away with it but you can really bag them if you can prove it.
Proving it is all a matter of documentation and having evidence
that fraud was involved. With this type of information or evidence you
should be able to get a criminal indictment. Forgery for exarnple ls a
crimo of the fourth degree in some states and it is punishable by up to
18 months in prison! 18 months in prison is a lot for someone to start
to think aboutl

Flghtlng and Defendlng Fraudulent Termlnatlonr

Fighting back a fraudulent termination that involves activity

that violates your states criminal codes must be proven. Once you
have evidence in hand you will walk away a winner no matter what
happens. Criminal activity includes threats against your life, forgery,
theft, and deception as just a few. We will discuss employer criminal
activily and how to prosecute when possible later in this book.

Ch.13 Pg 8s
 Noteworthy Legal Cltatlon:
The Falr Credlt Reportlng Act (FRCAI allowc employctr to
u.o e employee'l credlt hlrtory but lt murt notlfy the employo
rnd malntaln atrlct confldentlallty of that report. A employtr
vlolatlng thle Act lr rubJect to rultr for damagel, attornly't fclt,
punltlve damagea and coctr.

1C U.S.C. S 1681 etseg.

Ch. 13 Pg, 86
Chapter 14. Methods of Closure

Stlpulated Settlement
Arbltratlon
Jury Trials
Bench Trlalg
Compensatlon or Being Made " Whole" Again
Monetary Awards
Lost Wages
Returning to Your Job- Retaliation and C.R. Caseg

Methods of Closure

When you feel you are being terminated wrongfully and feel
that you should be compensated you may have the option of settling
your feelings by obtaining some type of compensation. To give you e
feeling of closure when you leave your employer you may expect
something for what you feel you have done for the company. As wc
noted previously the employer owes you nothing unless it was agreed
to or as a matter of their company policy.
lf your former employer offers you nothing and you believo
your were wrongfully discharged you have many options. The optionr
you have again are dependent on the documentation, evidence and
witnesses you may have. Different states have all if not most of these
options available for settling discharge complaints, Some are
discussed now.

Stipulated Settlement

This is an agreement between you and your former employer

with the terms and conditions of and for separation. lt is a contract.
Thig contract makes it duty for each of you to perform or not perform
cerlain elements required in this contract. Simply you generally agrec
to give up your right to any and all claims against the employer and the
employer agrees to pay you or give you some benefit for you agreeing
to giva up your rights. The law is generally very strict regarding tha
knowing and willing signature of an employee signing a settlement
agreernent such as these releases. There are rare instances that you
may take the settlement and sue anyway but you must otfer to return
the originally agreed benefits and compensation so you can sue, Tha
law tn this type of case is dependent on your state. Always seek tha
advica of a licensed attorney in your state if you have a legal questlon
regarding the signing prior to the settlement.

ch 14 P0 87
 Noteworthy Legal Citation :
Titte Vll proscrlbeE dlgcrlmlnatlon because of "natlonrl
orlgln". Congreer hae dellned "natlonel orlgln" as " Thg COuntry
from whlch your forebearu Came" and equatee lt tO "ancettry".
110 Cong. Rec.2549 (1964)

Ch 14 Pg 90
Chapter 15: You Declde You Really Want to Leave

Negotlatlng a Severance Package

Medlcal Beneflta for You and Family
COBRA
Salary Contlnuatlon
Job Placement Servlces
Retralnlng
Unemployment Beneflts
Are You Ellglble for Rehlre?
Letter of Recommendatlon

You Declde You Really Want to Leave

l've seen situations in companies that the corporate culturc

was so changed and their values and morale so low that no onc
wantsd to stay. So if they offer you a voluntary separation package
thesa are things you need to check for in terms of availabillty for
consideration.

Negotlatlng a Severance Package

Most often severance packages are preset by companieo for
different levels of employees depending if they are salaried or hourly
workers but generally the same for all workers (fearing discriminatlon)
Thare are occasional exceptions for members or employeer ol
protected groups. Benefits may include the following:

Medlcal Benefltg for You and Family

Often Overlooked lr Gattlng Madlcel Care

One of the biggest concerns every worker who has lost ht* or
her 1ob is medical coverage for themselves and their dependenll

Ch 15 Pg Sl
 The US government recognizing this need passed the COBRA Act
of 1985 for continued insurance protections option.

COBRA

Cobra requires that companies of more than 20 employaar

that offer group health insurance to offer extended protection lasting
up to 36 months. There aro many rules that cover COBRA but that ir
beyond the scope of this book. You will if eligible for COBRA must bc
given notice by law from the employer of its availability with all its
details explained.

Salary Contlnuatlon

Some companies especially the large Fortune 500 wlll glvc

you paid time off to seek employment. lt is something to ask lor if
evailable.

Job Placement Servlcer

lf you were fortunate to have worked for a company that hac

Job placement assistance you may enjoy that benefit too, Ollon lt is
offered when companies do a major downsizing and are looklng to
mlnimize their litigation risks.

Retralnlng

Companies that terminate employees that have workad in a

highly specialized industry where it would be difficult for that ornployoc
lo find work with the same skills. These companies will pay lor
aducation and retraining. lf they do not there are many statcs thal wtll
pay for retraining, lnquire of it's availability.

Unemployment Benefltr

Almost all states will allow you to collect unemploymenl

benefits if your company lays you off and in most circumstancsr rv6n
il you agre to leave. lt is important though that you and your employar
agrse that the former employer will not contest you appealing for anc,
rcceiving unemployment benefits

Ch. 1S Pg, 92
 Are You Ellgible for Rehlre?

Ask your employer if you are eligible for rehire and if so after
how long of a period of time before you are eligible. This is important
to know in the event you are interested in returning for some reason in
the futu re,

Letter of Recommendatlon

Ask your employer for a letter of recommendation and any

other information that will help you find employment. Ask also if they
will give you good references.

Ch 15 Pg 03
 Noteworthy Legal Citatlon:
Federal law prohlblt! clalmr that are covered by rtrlr't
worker'l componlatlon law to be moved to federal courb for tult
28 U.S.c. 1445(c)

Ch. 15 P9, 94
Chapter 16. You Want Justice and Want to Litigate

Caurec of Actlon
Statutes of Limltatlong - Tlme When you Must Sue
Whore to File- Agenclee and Gourts
Workor's Compensatlon Law
Employer and Workplace Torts
Crlmlnal Wrongdoing
Employer Fraud and Misrepresentation
Defamatlon or Slander
lnvasion of Prlvacy
Assault and Battery
Negligent Training of Supervisors
Who to Sue
The Company
Suing Your Supervlsor or Manager Personally
Yes You Can take it all from theml

You Want Justice and Litlgate

People Have Alwayr Had to Fight for Thelr "Rights"

lf you are terminated or you are being forced to work under

condrtions that are intolerable and the circumstances of which violate
the many laws we have reviewed and your employer fails to or doeg
not care to remedy the situation then you have no choice but to sue.
Law suits depending on the cause of action take different courses that
involve different courts and different legal fees, Here we gloss over
some of the highlights of some of the forms and forums of litigation

Caueee of Actlon

Causes of action determine which laws apply in your caso and

which courts or proceeding are used. Once a loss, wrong or injury hAi
occurrad you must then determine the proceedings to use and a
attorney will make that determination. ln some cases you may havc a

Ch.16 Pg 95
legal action in multiple jurisdictions. For example if you have a
crlrninal act of violence perpetrated against you at work you cen flrrt.
filE a complaint in criminal court for violation of state criminal codc and
then in worker's compensation court to recover for any injurier, whon
and if it was proven that the harm was clearly intentional you mey ltla
against an individual in civil court for additional damages. A ovlrvhw'
of some of the areas of action that applicable are reviewed horu.

Statutec of Llmltatlons- Tlme When you Must Suc

Every legal action has time limits during which you can filc an
action against an employer, Some of the guidelines depending on the
jurisdiction whether it is criminal, civil tort, discrimrnation or workor't
cornpensation. The time limits vary but any criminal action should bc
filed immediately, workers compensation requires that you notify your
ernployer within 24 hours in most states or have your attorney notify
them, civil actions in tort are generally within two years and clvil rightc
or age discrimination 180 days. There are some actions that can bo
filed up to four years in some states. Check with your attorney or local
law school librarian,

Where to Flle - Agenciee and Courtr

All civil rights complaints should be filed with your gtatc'l

Department or Division on Civil Rights or Department of Labor Every
stiate has one. They should be filed as soon as possible or in lerl than
1 BO days,

Worker'r Compengatlon Law

Claims that are not of a civil rights nature that are the ralull of
injury which includes bodily injury, emotional stress and traume aro
covered by worker's compensation laws in all 50 states. Thesa lawr
provide you with a speedy administrative hearing where all mcdlcal
and a fixed percentage of lost wages are provided to you for
compensation. ln addition if you are injured physically each boeJy part
based upon the percentage of loss of it functionality is compenrabla
by a fixed dollar amount, An example of losing 1A0% functronality ot
an eye would be worth $ 140,000.00. or a right leg $210,000 00 ll you
only develop a limp in that leg the court using doctors testimony woultl
say that the leg has only 50% loss of function so you would only gct

Ch 16 Pg. 96
$105,000.00 and so on. Each body memberor system has a fixed
value that changes from year to year.
To file for workers compensation you must notify your superior
immediately upon discovery of the injury and it must have happened
at work rlr rn the course of performing your job duties. You then contact
a lawyer that specializes in workers compensation law. This lawyer will
not charge you anything and he will determine if you have a caso,
When the case is settled most often the company must pay all legal
feeg with a few rare exceptions. Your attorney will provide you with the
details of the worker's compensation law in you state.

Employer and Workplacc Related Torte

A tort is an injury or loss of any benefit , advantage or rlght

you may have had. Torts in relation to work and the workplace and
recovsry for losses are generally covered by worker's compensatlon
laws, Most employers will try to invoke the protection of those lawr to
avoid civil action resulting in large jury awards. But worksr't
componsation laws exclude in most cases a whole group of tortc that
fall outside the scope of it's intended law, Generally it does not cover
intentional injurious acts or criminal activi$, These are common areat
that worker's compensation laws do not apply:

Crlmlnal Wrongdolng
There will be times when the employer will act in a way that ir
criminal in action, This type of activity is handled quite differently and
if and when you have a provable case it is devastating again*t the
employer. W6 will cover criminal activity in a later chapter and tho
specidl procedures that you use, but the reason it is mentioned herc
is that proven criminal activity almost always gives rise multiplo clvll
tort caseg involving all parties.

Employer Fraud and Mlareprelentatlon

Any trickery and fraud or as West puts it i3 "An intentlonsl
perversion of truth,,.". Commonly known as a lie to get yoy to do
somslhing you wouldn't do if you knew the truth. A fraud could ba a
employer luring you away from another company with inducemanlt
such a-e "in a yeai's time l'll see to it you will be making twice as much
as you are now" when in fact he knew his company was dolng v3ry
po6rly and six months after you were lured away from the othar
company he lays you off. You find out from a former co-worker thal lhir
emptoy6r only-wanted you for one special project that you had thc
skrllr fbr and that now that the project was over he had no longar a
nood for him.

Ch. 16 Pg 0l
 This is one example of fraud. You know it when you see it and
experience it. Remember get documentation for any promises madc
in writing and in a follow-up acknowledging or confirming the meeting
and discussion. Remember- No documentation or evidence there ig no
way of protecting yourself.
Defrmetlon - Slander(spoken) & Llbel(wrltten)
Defamation covers a large area activity basically it is someono
saying or writing something true or untrue to harm you that is conveyed
to another person. ln the workplace it is automatically assumed you
are harmed when defamation takes place and you need not prove
damages in some states
Defamation can happen not only while you are working with
the employer but even after you have left. An example would be your
former employer giving you a bad reference or making of any
defamatory comments even once you have left to any other percont,
The exception are "privileged communications" amongst managemcnt
and legal or medical professionals .

Defamation lawsuits have increased considerably in tho lart

fcw years, lt is not to be tolerated and if provable awards can raach
past one million dollars.

lnverlon of Prlvrcy

You are expected to have a certain amount of prlvacy

ospecially if the privacy is implied or stated. An example would bc that
you have a private office in a bank that only you are supposod to havc
a key, You keep personal things in that office. Unknown to you your
office is entered and your personal belongings are searched through
for the contents of a missing travelers checks based on on. ol tha
arnployee's suspicion that you were the last person to have bacn in thc
lafe that contained the checks.
An action such as this one clearly invades privacy and ir
actionable and gives standing in a court of law. But you must bc fully
aware of your company's privacy policy. ln recent years thc courtr
have ruled that under certain circumstances you company may llrtan
tn on your phone conversation and read you email. Company Bollcy
memos will detail this type of policy. lt is known that in linsnctol
institutions up to 30 % of all communications are monitored lncludlng
etther e-mail or phone calls or both. Know your company'l policy

Ch. 16 Pg. 98
 Aesault and Battery

Any uninvited touching will result in a claim of battery, The law

of assault and battery is interesting in that if you see the touching (hit
or strike or blow) comrng and you contact is made you are guilty of
assault and battery. lf you get hit over the head from behind and
you, the victim does not see the blow coming its only battery. But in
either case any injury as a result of this type of activity by either
employer or one of it's employees is actionable and should
immediately be reported to the police or sheriff and a report made
along with a medical visit to determine the extent and nature of the
injury,

Negligent Tralning of Supervlgors

Employers can be sued for failing to train their supervisors in

matters of the law of the workplace and of ant-discrimination law. A
employee that is the victim of sexual harassment or racial
discrimination by a supervisor or manager can bring a tort claim
against the employer for failing to train the supervisor in the law of
sexual harassment and discrimination.

lnfllctlon of Emotlonal Dlstregs

The courts in different states have found that employers may

be held liable for intentional infliction of emotional stress in areas
relatrng to false and negligent appraisals, humiliation on the job by
supervisors, and demotions to lower or demeaning job positions,

Who do You to Sue

As one of my law professors said "sue them all!" Generally

your lawsuit's plaintiffs will be the employer under the doctrine of
"respondent superior" which means the ultimate responsibility.

The Company

At work ultimately the company is responsible for the actions

for acts of it's management, supervisors and all employees. Exception
being when a manager or supervisor acts well out of the scope or thc
conlext of his work activity and when the act is criminal in nature, ln
such cases both the employer and manager can be sued separately

Ch. 16 Pg 90
 Suing Your Supervleor or Manager Personally

The courts have found that managers or supervisors acting in

an intentional and malicious way can also be sued personally and
individually and this type of activity will result in their company not
paying for their legal costs.

Yee You Can take lt All from Theml

lf you obtain a judgment against a manager or supervisor that

acted with intent to harm you, intentional inflicted emotional digtress or
physically harmed you, you may be compensated if he has no monsy
by the courts order of the seizure of their home, auto, boats and any
other real property. lf they fail to satisfy the judgment you will havs a
judgment recorded in the state where you won your case and arc able
to demand payment for up to 20 years in many states. You may also
have wage garnishment requested by the court until you got
gatisfaction.

Ch 16 Pg. 100
Chapter 17. Using and Undergtandlng Attorneys

Selectlng An Attorney
Paylng for Legal Representatlon
Contlngency Fees
Per Cabe Costs
How Lawyers Handle Employment Casee
ldentlfylng the Correct Legal Theory ln Your Case
Manrglng your Attorney
What your Lawyer Really Wants
Reasonable Amount of Compensatlon
Summary

Uslng and Understandlng Attorneys

Attorneys are an interesting breed of humans. Yes they are

bred. Their breeding ground is law school. They are bonded together
with a common knowledge of law and that law makes them almost
inseparable in their allegiance to each other, That allegiance is that
they shall do no harm to each other by way of suing each other or
betraying each other in any way, Lawyers rarely have any frienda
other than other lawyers or friends they may have had before they
became lawyers. The reason they don't are varied but for the most
part lawyers are lawyers 24 hours a day and always on-call far mora
so than rnany physicians.
Lawyers work almost non-stop day after day and I consider it
one of the toughest and demanding jobs if it's done right. Because
they are always lawyers their communications are based on highly
analytical legal thought and it seems there is always a legal angle to
exploro or at least one must exist in their minds that must be found for
their case,
One of the most impressive changes I went through was from
originally not liking lawyers and having a general disdain for them
based upon what I had previously experienced, exposed to all the
shark/lawyer jokes, and all the complaints I have heard form former
cliantr to the point where l've developed some compassionato
understanding and empathy for them for some of the rea$on6
mentioned above. Many are very lonely because friends too oftan
become clients and you can't be both.
The fact is that the legal system is a cult with its own high
priests and followers. lt has its own set of rules, language, logic and
paradigm. For these reasons the lay person cannot talk law with a
lawyer for it takes a few years to understand the paradigm of law and
the legalists.

Ch 17 Pg 101
 Selectlng An Attorney

Choorlng e attorney lr the mort lmportant etep ln lltlgatlon.

Selecting an attorney will be done based on whether the

ettorney is experienced in the area of law for which you sek
representation or his arca of specialization. When we talk of
specialization we mean there are lawyers that know worker'g
cornpensation law very well, if you are pursuing a civil rights matter
you want a attorney that has experience in handling cases in that arsa
and so on, The chances are you may never had a need for a attorney
in an employment matter and the lawyer you used to write up a recant
contract doesn't have this type of experience the where do you go?
You can contact the BAR Association in your state or ask your general
practitioner attorney for a referral,
When meeting with an attorney for the flrst time he will want to
know the details of your case so be prepared to bring any and all
evidence with you. Allow your attorney to ask all the questionr and
when he is done if you feel there is anything he did not ask that may
hava some bearing or relevancy to the case make sure you mantion
it,
The attorneys usually ask if you have seen another attornoy
already. The reason is that you may have been turned down
ropresentation for that lawyers reason. Make sure you are honest with
disclosing that information. Your attorney needs to know everythlng.
lf you do not feel comfortable with your attorney or he doar not
give you all the answers look elsewhere as he may not be the one for
you. One important thing, because attorneys work so hard flghting and
trying cases many get burned out by the time they reach their lata 40g
and 50s and are less likely to fight as hard as an attorney that ie still
lrying to make his mark in the field of law. Personally if you know you
need a fighter pick one in their prime!

Ch. 17 Pg, 102

 Paying for Legal RePresentatlon

Knowing what I know now about how an attorney needs to

work really hard to earn his keep I can see the justification of the
hourly fees from $150 on up. lnitial consultations are often free and
almost always free for the filing of a worker's compensation claim.
Some will charge a flat fee for a initial consultation in wrongful
discharge and very often you may only be interviewed by a paralegal
who will prepare a memorandum for the attorney regarding your case.
Paralegals have training in some cases arguably comparable to an
attorney but are not permitted by current law to represent clients in
civil or criminal matters but may represent clients, under the auspices
of an attorney, in some administrate proceeding such as worker'g
compensation.

Contingency Fees

For most people the contingency fee arrangement is most

beneficial because they have no money to put up front for the filing
fees and discovery and all the costs needed to litigate to judgment. No
attorney will take a case under these circumstances unless he believes
you have a winnable case, that is one of the reasons you must be fully
honest with your attorney with the facts of your case. Contingency fees
will vary from state to state but most often are set by state law. 25 to
40% is not unusual. lf you do not receive any award you will have to
pay nothing. All these details will be spelled out in the retainer
agreoment which is a contract you have with your lawyer that says
what you get and what he gets for the services the lawyer is to
perform. ln a contingency agreement the lawyer is gambling with his
own money that you will win.

Per Case Costs

lfyour lawyer thinks you a have a case and the case is

marginally strong and not clearly winnable and your wish to really try
go ahead with the case you may not be offered a contingency
irrangernent. ln that case you will have to put up a retainer fee initially
and then pay by the hour. You should if you elect this option in your
retainer agreement require that itemized bills be sent monthly listing all
charges. ln the event the case turns out to be a winner for you, you
may be offered a contingency agreement for the rest of the litigation.
With this type of payment arrangement the lawyer is gambling
with your money!

Ch.17 Pg. 103

 Noteworthy Legal Citation:
You may be awarded all plalntiff (your) cortl under
whlctleblower statutes and dlscrlmlnatlon cages. Some rtatc eyen
rllow for all attorney feee.
42 U.S.C. $ 1988; 42 U.S.c. $ 2000e-5(k)

Ch 17 Pg. 106
Chapter 18. Gettlng a Totally Free Lawyer for Your Case

Crlmlnal Actlvlty by Employerr

Flllng Crlmlnal Complalntr
Worklng wlth Prooecutora
Provlng your Caae
Once You Wln The Crlmlnal Case

Summary

Gettlng a Totally Free Lauryer for Your Case

There are times when there you can get instant free legal
representation by an attorney when there is activity at work where you
have become a victim of a crime.
When you file a criminal complaint you get free representation
by the states legal advocate for its citizens to uphold the law. That
person is the prosecutor. You must provide the prosecutor with any
and all evidence you have that a crime was committed. The prosecutor
based on the documentation or evidence you provide him will
detarmine if the state will proceed with criminal charges against tha
employer or company.

Crlminal Actlvlty by Employers

6u
Employerc Can Arregted for Crlmlnal Actlvlty

Some of the crimes other than assault and battery, are fraud,
forgery, conspiracy and other crimes are part of your states criminal
code Whenever you suspect some wrong doing by your employer go
to your library and look at the criminal code and see if any of the
activrties that you can prove that the employer used against you can
be proved to be crimes. When the employers activity is proved or
evidence exists that there is a likelihood that a crime was committed
against you during your employment or committed to wrongfully
terminate you can file a criminal complaint.

Ch. 18 Pg 107
 Fillng Crlmlnal Complainte

Why file criminal complaints against the employer? One of the

reasons is that it really shakes them up and they have to hire a very
expensive criminal lawyer to defend them. Besides that, if they are
found guil$ they go to jail and the fines and penalties are not covered
by their insurance carriers. lt terrifies them if they know they are guilty.
The other great advantage is that once you have the evidence and
give your testimony all you have to do is sit back and watch them go
through the hell they just put your through. Those two reagons ara
good enough. But there is morel
Complatnts are first taken to your local police or the police in
the town where your company is located. They will take the report and
you will give them only copies of your evidence. Never give out your
only copy of evidence. Evidence gets lost!! Your local police will
forward the evidence and reports to the prosecutor who will review
your criminal complaint and then he will meet with you.

Working wlth Prosecutors

You should expect to deal with the prosecutor in the sams

way as you would with a regular attorney. Prosecutors ara almogt
always attorneys that have been either appointed or elected by the
voters of the state, Their purpose is to enforce the laws on the books
or in statues. When you present your criminal complaint he decides
whether or not to proceed with the prosecution of the employer
Sometimes you may encounter a prosecutor that may have an
interest in the company you are filing a complaint against and he may
not wish to prosecute that company and steer you towards a civtl
action. ln that case you will have to pay and retain an attorney but don't
be fooled by this prosecutor diverting you to civil litigation you can
counter his attempt to derail you by going to his boss the state atlorney
general' s office in your state capitol. Take your complaint there
because it far removed from the local politics and you will find claanar
hand closer to the political leaders of your state than you will in som6
counties. Once the state has your case the prosecutor will have to
rnvestigate.

Ch 18 Pg. 108
 Provlng Your Crlminal Case

Proving a criminal case against an employer is difficult but not

impossible as long as you have the evidence. The prosecutor will not
be able to proceed unless you can provide clear and convincing
evidence that a law was broken in a case of assault and battery or of
criminal fraud in your wrongful discharge. But if you have a strong cas
the prosecutor will seek an indictment and see that justice is served,

Once You WIn The Crlmlnal Case

Prevailing in a criminal case will almost always allow you to

seek and obtain civil judgments of substantial amounts in many caeoll
where the company may have been grossly criminally negligent. Thle
type of compensation involves all damages for emotional pain and
suffering and punitive damages. The real BIG BUCKS!

Ch. 18 Pg 100
 Noteworthy Legal Citation :
Thc Racketeerlng lnfluonced rnd Gorrupt Orgrnlzrtlonr
Act (RICO) clalm can bi appended to an employec't clrlm of
fnud, corruptlon, or crlmlnal conduct by thc employrr. lf thr;
rmploycr loree euch r cult and complalnt thc employ.r plyr rll..
bgd cortr and thr employee getr "treble damager" whlch mllnl
tn cxtended or multlplled award.
t8 u.s.c. s$ t98l-1968

Ch. 18 Pg. 110

Chapter 19. Once You Have Left Your Company

Flrst Thing You Do

How Do You Feel?
Stregs, Sadness and Depresslon
Take Some Time to think
Start Looking for Work
Future Expectations

Once You Have Left Your Company

So now you've gone the whole route. By either voluntarily

quitting, forced to quit and couldn't prove it wrongful because you did
not know about evidence, you have enough evidence and are invOlved
in litigation or you left just because it wasn't the same old company and
you are not going to miss it at all and are content with the severanc
package. What do you do from here on?

Flrst Thing You Do

Stop and take a deep breath, kick off your shoes and be happy
you made a decisionl The most stressful part in leaving can be
deciding how you want to leave given the different circumstances
under which you can leave a company.

How Do You Feel?

You should feel like this is going to be an opportunity to start

a new career with a better company. I know it sounds optimistic but
what choice do you have in how you feel? Being down on yourself
does you no good, lt's been my experience that l've always dono
better moving from one job to the next one. I believe you will have that
sarn6 experience. This book has been written for the American worker
or employee. Our land is vast and large and economic opportunities
and conditions vary all over the country so realistically your
opportunity for a new job is a function of where you are located, You
will find a better job!

Stress, Sadnegs, and DePreseion

We are all different and will respond and react differently to

being separated from our employer and the people we have worked
with The feelings of stress going through the termination process may
be rolteved once your are separated from your company only to be

Ch. 19 Pg 'll I
 Therefore do not be anxious about tomonow, for
tomorrcw will be anxious for itself. Let the day's own trcubte
be sufficient for the day.
Matthew 6:34
 INDEX
A
ADA .....,2A
Arbitration . , 88
Additional Skills .,,10
Anxiety .....75
Absenteeism .,...21
AbstractReasonforTermination ....39
AmericanswithDisabilitiesAct ..,.,.2A
Applying the Correct Legal Theory . . , 60
Arrogance . .73
Assumptions ,....39
At-will Employment 19,23
AttorneyReferral/Selection ..102
Attorney Misapplying Legal Theory 61
"AirTight"CaseforTerminating ..,.,47
"Alpha"Type ..,.60
B
Black American 14
Business Cycles 44
Bar Association a2
Bench Trials . 90
Brown Nosers . . .2,14,47
"Best Practices" 46
Burdenof Proof ,.,79
c
Causes of Action 57,95
Cause,WhenNo.. ,..,.2A
Cajoled, Misled or Tricked 57
Class Action B6
Common Law 19
Congress 6
Counter Strike 67
Capitalist Economic System 3
Career Changes 10
Causes Morally Wrong 20
Change Jobs 10
Ctrrld Labor Law 17
Cobra g2
Coerced Srgnatures 84
Communrst China 18
C()nlpany Pohcy 31
Cornpany Securrly 2A
Cr:mpany's Good Wrll 6
()ornpany's Attrtude 12
 Company's History 11
Contingency Fees 105
Contingency Plans 51
Contracts-Oral,Written .,,,,,32
Contractual Agreements 32
Contractual Employment 32
Contracts, When No . . 33
CorporateCultures... I
CorporateManagement . .,..2
Corporate Polices 5
Criminal Wrongdoing . 20,97
Cult of Management . . 35
Cultural Groups 13

D
Documentation by the Employer 47
Depression , 75
Development of Your Strategic Plan . 60
Doctor 76
DownSizing .,,,, 5
Dangerous Workplace 24
Defamation .. , ,57,62
Defense Against Employer Abuse 74
Defensive Offensive Move 64
Defrauding Government . 69
Defrauding the IRS . 69
Developing Your Plan . 63
Direct Pressure 36
Disabilities 26
Disclaimet .... 113
Doctrine. 18
Domestic Violence 29
"Duty of Good Faith" 33
Disclairner.... 113
E
Employee Selection for Termination 38
Employee Handbook 32
Electronic Mail 70
EPA, Complaints To 77
Ego . , 35,40
ElgarCorporation .. 4
Emotional Distress 75
Employee Benefits 5
Employee Handbook 2A
Employee Manuals 32
Employer Exploitation I 1

Employer Fraud 97
 EmployerMisrepresentation ...97
Employer'sStrategicPlan ..,.55
EmploymentDiscrimination ....23
EmploymentDiscriminationActs ,.,.24
Employmentlaws ......,5
Evidence ...,1
ExamplePlan ...,63
ExceptionstoAt-will Employment.. ..30
ExecutiveSalaries... . .5
Executives... ..3,44
Exitlnterview. ....84
ExpenseReports .,47
F

FailuretoDocument ...,7A
FairLaborStandardsAct .....25
Falsification of Records . , 2A
FalsificationonJobApplication ....,.2A
FalsifyingDocument.., .,....47
FamilyDisputes .,,29
FearofTermination . .,12
Filing Complaints 96,108
FirstEmployer .... 10
First Strike 7,87
Fearof Reprisal ... .. .,, 31
FormerEmployees ....,11
Freelegal Consultation .....,33
Follow up with Letters , 68
ForgingSignature .....,47
FraudulentHiring .......9
Free Lawyer . 107
Freedom to Exercise Legal Rights . . . 30
" Fair Dealing" .. ., 33
(,
General Dynamics
Gambling Activity . 21
Good Cause 20
Gossip 13
Groupthink 35
Groupthink Actor 40
H
Harassment 72
l.lomicide 2
l"{umanResources... 48
 tBM ,. 6
lgnorance 3
lilegal Company Activity ' ' 31
llluiions of lnvincibility 70
lnherentGroupMoralitY ...,,,36
lntimidation . . 7A
lrrational 41
lsolationism . . 38
lllegal Drugs 2A
lllusions of lnvulnerability 36
ln-house Counsel/ AttorneYs 44
lnfliction of Emotional Distress . . 99
lnsubordination 21
lnvasionof Privacy.., 98
lnvestigating the ComPanY 11
J
Janis, lrving MD 35
JobSecurity ,' , 5
JobPlacementServices ,..,., gz
Jury Service 31
.lurytrials... 88
L
Lost Wages 89
Legal Aid 33
Legal Clock ..,,, 82
Legal Specialties 5
Legal Theory 104
Living Together 20
Local Laws 30
Lawful Rights 30
Legal Professional. 30
Legal Terminations . 2A
Legal Theory 60
Legally Protected Activity 31
Legally Tight Cases 57
Letter of Recommendation 93
"LeanPractices"... 4A
M
Medical Benefits (COBRA) 83
Mind Guards 37
Momentum Strategic. 68
Management Salaries 3
Managers 45
Military or National Guard Service 31
Monetary Awards 8g
Motives for Termination 83
Multiple Strategies 63
N
New Job 11
Negotiating a Severance Package 91
Nervousness 75
Networking with Employees 12
New Manager 58
Nice Persons next 40
o
Older Workers 12
OSHA 77
OutsideCounsel ,,44
P
Punishment AgainstEmployers .. ...31
PensionPlans ...,.0
Performance Appraisals 41,5A
PhoneRecords ...41
Political Changes .. 10
Productivity. ...,,3
ProtectionfromTermination .,,75
Proving Your Case 54/8
PlanYourDocumentation ..., 56
Protectionunderlaw ..,30
Paradigm ..,38
PerformanceAttack... ..60
Permanent Position . . . , , 10
PersonalityConflicts .. .41
PlanningYourResponse ...... Sz
PoorPerformance. .....21
Powerlessnessof Employees ,.,5
PreemptiveMove .....,77
ProgressiveDiscipline. ..21
Proof orEvidence ......52
Prosecutor.. ....107
Psychological lnduction . 55
Public Policy Violations . 31
R
Resignation ....,55
ReportingofFraud ....31
Racial Groups .., 14
Rationalization ...,36
Reason for Termination . 33
Record, Note and Document . . 08
ReasonableMan,The. . . 75
ReductioninForce ,...,44
Refusing to Commit Perjury . 31
 Rehabilitation Act 26
Releases 83
Religious Groups 13
Reporting a Legal Violation 69
Reporting of Fraud 31
Reporting of lllegal Acts . 31
Reporting Violations 30
Retaliation . .
. 78
Retaliation or Termination Not Permitted . 30
Retirement Age 7
Rrco 110
Rights of the Employee 23
Rights of the Employer 17
Ripeness 78
"Right Stutf 35
S
Safe Workplace ?6
Successful Legal Actions 52
Self-censorship 36
Six Day War . 52
Slander 62
Sleeping 21
Social Clubs 14
Stress Test by Doctor 77
Stressors 41
Sue Them All 51
Support Political Groups 31
Salary Continuation 92
Selection Testing 41
Set up for Termination 43
Severance Agreements 83
Severance Packages . . 83
Sexual Harassment 2t
Slander 82,73
Snitch, 45
State Legislature 21
Statute of Limitations, t)6
Statutes of Fraud 84
Statutory Violations 6t
Statutory Law . 1B
Strategic Momentum 68
Strategy and Tactics .. 38
Substance Abuse 21
Supervisot . . . 2
"Safe" Strategy .55
T
Tactical Strikes 69
Tape Recordings 51 ,71
Termination Practices . 4A
Timing 52
Tactical Advantage Al
Tactical Errors 73
Tactical Offense eB
Tardiness... 21
Technological Changes 2,1A
TerminationDay ....48,83
Theft . .. . .. 2A
Threats at Work 29
TimeCards ......47
Timing of Terminations 78
Torts . . 61
TrainingPrograms ......48
U
Union Activity 31
Unanimity lllusions 37
Unions ......2
V
Validlegal Complaint... 73
Verbal Meetings 70
Vesting ...,,.6
VeteransRights ...80
ViolentRetaliation ....,..4
W
WaltDisney ....,..5
Warning .,...4
Waste Basket 15
WeakestandMeekest., ...,..39
WeaponsatWork ...,..20
West'slawDictionary ,,..4
Whistle Blower Laws 31
WhotoSue ....,99
WorkPerformance .....21
WorkerExploitation.. ....7
Worker's Compensation Laws . 24,61 ,go
Worker's Compensation Filing of Claims 31
WorkplaceViolence ,,...1
"WholeMan"Theory ....24
Y
YourLegal Plan, ..62
NOTES: