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Employee Survival Guide®

Author: Mark Carey

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The Employee Survival Guide® is an employees only podcast about everything related to work and working. We will share with you all the information your employer does not want you to know about and guide you through various work and employment law issues.

The Employee Survival Guide® podcast is hosted by seasoned Employment Law Attorney Mark Carey, who has only practiced in the area of Employment Law for the past 27 years. Mark has seen just about every type of employment dispute there is and has filed several hundred lawsuits in state and federal courts around the country, including class action suits. He has a no frills and blunt approach to employment issues faced by millions of workers nationwide. Mark endeavors to provide both sides to each and every issue discussed on the podcast so you can make an informed decision.

The Employee Survival Guide® podcast is just different than other lawyer podcasts! This podcast is for employees only because no one has considered conveying work and employment information directly to employees, especially information their employers do not want them to know about. Mark is not interested in the gross distortion and default systems propagated by all employers, but targets the employers intentions, including discriminatory animus, designed to make employees feel helpless and underrepresented within each company. Company’s have human resource departments which only serve to protect the employer. You as an employee have nothing! Well, now you have the Employee Survival Guide® to deal with your employer.

Through the use of quick discussions about individual employment law topics, Mark easily provides the immediate insight you need to make important decisions. Mark also uses dramatizations based on real cases he has litigated to explore important employment issues from the employee’s perspective. Both forms used in the podcast allow the listener to access employment law issues without all the fluff used by many lawyers.

Subscribe to our show in your favorite podcast app including Apple Podcasts, Stitcher, and Overcast

You can also subscribe to our feed via RSS or XML.

If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook, Twitter and LinkedIn.  We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Thank you!

For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at info@capclaw.com.

Also go to our website EmployeeSurvival.com for more helpful information about work and working.  


91 Episodes
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Comment on the Show by Sending Mark a Text Message.Unlock the mysteries of employee speech rights within private companies and discover the surprising realities that might affect you. Have you ever questioned whether your freedom of speech truly extends into the workplace? We'll unravel the limitations of the First Amendment for private workers and spotlight when speech is, in fact, protected under laws like the National Labor Relations Act and whistleblower statutes. With examples from state...
Comment on the Show by Sending Mark a Text Message.Are non-compete agreements holding back American workers? Join me, Mark, for a deep dive into the FTC's groundbreaking rule banning these contentious clauses and the fierce legal battles ignited by it. We'll dissect the pivotal Texas court decision that seeks to block the rule and its far-reaching implications for millions of employees. Understand how the Administrative Procedure Act and conflicting judicial opinions from Texas and Pennsylvan...
Comment on the Show by Sending Mark a Text Message.Ready to test your employment law knowledge and uncover critical distinctions in the workplace? Join Mark for a pop quiz to test your knowledge. We promise you'll gain valuable insights into the differences between employees and independent contractors, understand the key protected classes under federal anti-discrimination laws, and grasp the essentials of the Fair Labor Standards Act (FLSA). From the nuances of at-will employment to the requ...
Comment on the Show by Sending Mark a Text Message."Employee Power" has evaporated. Join us as we explore the dramatic shift in workplace dynamics, from the leverage employees once held to the regained control of employers. We scrutinize the initial factors that boosted employee confidence, such as the pandemic and social unrest, and delve into how the stabilization of economic conditions has allowed employers to roll back wage increases, remote work options, and promotions. We'll also dissec...
Comment on the Show by Sending Mark a Text Message.What if you could transform your EEOC complaint into a powerful tool to negotiate a severance/settlement with your employer? Join me, Mark, as I unlock the secrets to filing successful complaints with the EEOC and state agencies. With my extensive background in employment law, I’ll guide you through the essential steps, from understanding the crucial 180 or 300-day filing windows to the importance of completing and notarizing Form 5 acc...
Comment on the Show by Sending Mark a Text Message.Can employers really push for arbitration in sex discrimination cases, flouting federal laws? Join me, Mark, as we dissect this pressing concern and shed light on the ramifications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Signed into law by President Biden, this legislation was supposed to be a beacon of hope, but in reality, many employers and their legal teams continue to demand arbitration, blat...
Comment on the Show by Sending Mark a Text Message.Prepare to be liberated from the shackles of non-compete agreements! This episode peels back the layers of the Federal Trade Commission's revolutionary ban that's set to empower approximately 30 million workers by September 4, 2024. We're not just talking about the end of these restrictive agreements—get ready to explore the strategic legal chess game that's unfolding as the U.S. Chamber of Commerce gears up for a significant challenge. With ...
Comment on the Show by Sending Mark a Text Message.Discover the legal game-changer that's levelling the playing field for employees in our latest episode, where we unpack the monumental Supreme Court decision in Muldrow v. City of St. Louis, Missouri. Celebrate with us the unanimous ruling that revamps the burden of proof on workplace discrimination, shifting from "significant harm" to just "some harm." This landmark case swings open the doors for employees to challenge discriminatory acts wi...
Comment on the Show by Sending Mark a Text Message.Could the very tools designed to enhance our productivity in the workplace be silently shaping a future of bias and invasion of privacy? Join me, Mark, as we delve into the profound impact AI is having on employment, from the boardroom to the break room. Along with insights from industry consultants, we unpack the transformative effects on hiring practices, highlighting the unseen biases lurking within AI algorithms. We confront the unsettlin...
Comment on the Show by Sending Mark a Text Message.Can you imagine facing a nightmare in the very place meant for professional growth? Carol Tomka's story, set nearly three decades ago, echoes the chilling experiences that, unfortunately, still resonate in today's workplaces. This episode brings to light the harrowing journey of Carol, who suffered sexual assault and harassment within the confines of her job at Sieler's Environmental Services. Your ears won't believe the denial and legal wran...
Comment on the Show by Sending Mark a Text Message.Could your company's efforts to foster diversity be paradoxically fueling discrimination? Unpack the complexity of corporate DEI programs with us, as we scrutinize their waning popularity and the alarming suggestion that these well-intentioned initiatives might actually be nurturing a new kind of racism and reverse discrimination. In an era where affirmative action and its ripple effects are under the Supreme Court's microscope, we dive into ...
Comment on the Show by Sending Mark a Text Message.Embark on a legal journey that cuts to the core of workplace ethics as we dissect the Billie Banks vs. General Motors case, a paramount lawsuit that challenges our understanding of race-based discrimination and hostile work environments. This episode lays bare the incidents of racial taunts and sexual harassment that Banks endured, exploring the employer's inadequate response and the subsequent legal battles that ensued. We promise to guide y...
Comment on the Show by Sending Mark a Text Message.Could an algorithm determine your career future? We're peering into the transformative world of AI-driven employee performance reviews, dissecting the complexities and the concerns they introduce into the workplace. This episode takes a hard look at the implications of replacing traditional performance evaluations with AI's continuous feedback loop, as highlighted by the Wall Street Journal. There's a lingering question about whether this tec...
Comment on the Show by Sending Mark a Text Message.Have you ever been thrust into the bewildering maze of disability claims? Fear not, because Mark is here to guide you through this critical journey. On today’s episode is a comprehensive roadmap of the ERISA disability claims process, where Mark unravels the intricacies of both short-term and long-term disability benefits. Each step, from the initial claim to the potential transition to long-term benefits, is packed with nuances and essential...
Comment on the Show by Sending Mark a Text Message.Discover the seismic shift in whistleblower protections as we trace the footsteps of Trevor Murray, the former UBS employee whose courage has carved a new path in the legal jungle. This episode is a treasure trove of insights for anyone standing at the crossroads of ethical decisions in the workplace, offering a guiding light through the murky waters of corporate fraud and employee rights under the Sarbanes-Oxley Act. With the recent Supreme ...
Comment on the Show by Sending Mark a Text Message.Ready to discover the untapped benefits of creating menopause-friendly workplaces? Buckle up as we take you through the enlightening findings of Bank of America's study on menopause in the workplace. We uncover the critical need for employers to address the challenges faced by women going through this life-changing phase. By ignoring this key issue, companies not only fuel gender inequality but also risk financial losses. In our deep-dive ana...
Comment on the Show by Sending Mark a Text Message.In this episode I discuss why performance reviews do not work and why employers are to blame. Changing the name doesn't change the game! We confront the rising trend of replacing 'performance reviews' with softer terms like 'feedback' and 'feed forward.' Drawing on my own experiences as an employment attorney, we discuss the distinct lack of effective training for managers and the resulting damage to employee engagement and trust. We wr...
Comment on the Show by Sending Mark a Text Message.What if there were laws to protect the rights of pregnant and nursing mothers at work? Well, get ready to expand your knowledge on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) that set the pace for better treatment of working mothers. Join us on this enlightening journey as we unravel the intricacies of these acts that mandate employers to provide reasonable accommod...
Comment on the Show by Sending Mark a Text Message.The Earth shifted beneath our feet on May 30, 2023, when the National Labor Relations Board (NLRB) General Counsel declared non-competition agreements illegal. This is a game-changer, folks! Our discussion centers around the key reasons why this legal opinion packs the punch of law, the crucial role of administrative deference, and the jurisdiction of significant federal agencies like the NLRB. We also trace the ripple effects of this seismic...
Comment on the Show by Sending Mark a Text Message.In this episode of the Employee Survival Guide, Mark addresses one of the worst possible sexual harassment and sexual assault stories that has ever occurred in the workplace. Mark interviews veteran news reporter and author Susan Antilla, NYTimes and Insider, who broke the story. It is just shocking what happened to Renee Zinsky and other women who worked for this employer. The case is captioned as Renee Zinsky v. Michael Russin, ...
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