Archive for September, 2009

bigstockphoto_Boss_Is_Mad_604492Most of us have worked for a dickhead boss at one time or another.  You can be a good employee and follow the rules, but short of duct taping him to a desk and getting all Dick Cheney on his fat ass with a rubber hose, there isn’t anything you can do about his nasty personality…until now.

You can get total and complete legal revenge on him if you arm yourself with something he and the HR department hopes you never learn – employment law.  I’m not talking about taking night classes to become a lawyer.  I’m talking about arming yourself with tips and tricks to legally land his ass in hot water and there won’t be a damn thing he can do about it.

As an employee, state and federal employment laws protect you from discrimination, harassment, retaliation and more.  Remember that boring crap you skipped over in the employee manual?  The stuff about sexual harassment, racial and disability discrimination, religious beliefs, etc.  Yea, that stuff.  Well, it all works in your favor because what’s in that employee manual also applies to management.  And it’s super sweet when his fat ass is parked in the hot seat just to the right of the judge’s bench while the jury listens to your attorney explain how your boss not only violated federal law, but disregarded his own company’s policies and ethical standards.  Juries LOVE getting their hands on guys like him.

I worked for a Fortune 500 company that back in the day had 120,000 employees.  They were adamant about following the book with regards to all that legal stuff.  They shoved it down our throats with mandatory training on the stuff.  Funny thing is, management had a way of feeling a wee bit superior to all of it and got away with some pretty dirty treatment of the people under them.

Long story short, I got laid off over two years ago and after the fact, I ran across an ebook called Work Laws Exposed.  It’s written by an employment law attorney who all too well understands how management and your very co-workers try to skirt the laws and hope the don’t get caught.  If I had that book while I was still employed, oh my GOD!  Heads would have rolled.  I read that book non-stop from cover to cover because I couldn’t believe what I was reading.  Every chapter I read was like “Oh man!  They did that to me!”  Or, “I can’t believe that’s illegal.  I never knew that.”  It was a eye opening read.

Ever single employee in the U.S. NEEDS a copy of Work Laws Exposed and they need it before trouble begins so you can position yourself to strike back when the crap hits the fan at work.  It’s imperative that you start right now when the workplace seas are calm, especially if you’re getting good performance reviews.  You need to establish that baseline because when things go south, you’ll have proof that you were the model employee.

Work Laws Exposed will teach you how to postition yourself so you can’t be fired.  You’ll be a bulletproof employee.  Get Work Laws Exposed here.  It’s an instant download so you’ll have it in just a few minutes.  Then print it out and read it as soon as you can.  It will be a revelation.  Trust me.

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Are you disabled and just got hired or are still in the process of looking for a job?  Then listen up to what the ADA (Americans with Disability Act) is telling employers what they can and can’t do after you get hired.

Basic rule: After making a job offer, you may ask any disability-related questions and conduct medical examinations as long as you do this for everybody in the same job category.

Practice tip: You may withdraw an offer from an applicant with a disability only if it becomes clear that s/he cannot do the essential functions of the job or would pose a direct threat (i.e., a significant risk of substantial harm) to the health or safety of him/herself or others. Be sure to consider whether any reasonable accommodation(s) would enable the individual to perform the job’s essential functions and/or would reduce any safety risk the individual might pose.

Examples of what you can do:

  • If you want to give a medical examination to someone who has been offered a job that involves heavy labor, you must give the same exam to anyone who is offered the same kind of job.
  • You may withdraw an offer of a manufacturing job involving the use of dangerous machinery if you learn during a post-offer medical exam that the applicant has frequent and unpredictable seizures.

Example of what you can’t do:

  • You can’t withdraw an offer to an HIV-positive applicant because you are concerned about customer and client reactions or because you assume that anyone with HIV infection will be unable to work long and stressful hours.

If you’re disabled and got hired and then got the ax after you started work, were you discriminated against?  Can you sue?  How do you go about doing it?  Don’t wait until it’s too late to file a claim.  Better yet, arm yourself ahead of time so you recognize the warning signs. 

INSTANT DOWNLOAD:  Get Work Laws Exposed, written by an employment law attorney…the good kind, one that’s on your side.

Disability discrimination doesn’t just happen after you’re hired.  It can also happen during the pre-employment application process and it’s illegal.  The following is what the American with Disabilities Act (ADA) tells employers.

Practice tip: Focus application and interview questions on non-medical job qualifications. An employer may ask a wide range of questions designed to determine an applicant’s qualifications for a job.

  • Whether s/he has the right education, training, and skills for the position.
  • Whether s/he can satisfy the job’s requirements or essential functions (describe them to the applicant).
  • How much time off the applicant took in a previous job (but not why), the reason s/he or she left a previous job, and any past discipline.

Examples of what you can’t ask:

  • questions about an applicant’s physical or mental impairment or how s/he became disabled (for example: questions about why the applicant uses a wheelchair);
  • questions about an applicant’s use of medication;
  • questions about an applicant’s prior workers’ compensation history.

Exception to the Rules:  Where it seems likely that an applicant has a disability that will require a reasonable accommodation, you may ask whether s/he will need one. This is an exception to the usual rule that questions regarding disability and reasonable accommodation should come after making a conditional job offer.

Example: During a job interview, you may ask a blind applicant interviewing for a position that requires working with a computer whether s/he will need a reasonable accommodation, such as special software that will read information on the screen.

Before you begin the job hunting process, arm yourself ahead of time with legal tactics to recognized and then stop a potential employer from discriminating against you.  Believe me, their heads will spin when you lay your cards on the table.  Or, if you suspect you were discriminated against because of a disability during a job interview or were turned down for a job interview because of it, know your rights and what you can do to get legal revenge.  Get Work Laws Exposed now.  It’s available for instant download.