Chapter 1. Employment Law Guide
Employment Law/ Labor Law/ Job Law
The intent of most laws is supposedly to
protect workers from unscrupulous
company practices, however, some are bad for
business such as all the regulations trying to stop illegal aliens
from working. They do the jobs other
people don't want to do. We should be
thankful for them.
Laws in the workplace generally
follow company size. The larger your
company, the more the laws you have to follow.
Some of the workplace laws that
apply to all companies with at least one employee are:
Federal and state wage. Federally, they are regulated by the Fair
Labor Standards Act/ FLSA, enforced by the U.S. Department of Labor's Wage and
Hour Division, dol.gov.
Hourly wage laws, U.S.
Department of Labor Wage and Hour division.
Immigration and Nationality Act
prohibits employers from discriminating on the basis of citizenship or ethnic
origin.
The Equal Pay Act requires all
employers to provide equal pay for equal work, regardless of sex.
Child labor laws. The general law is that before hiring a minor,
you need to get a work permit from state and/ or federal authorities.
Harassment laws, generally
include sexual harassment, gender harassment, harassment based on disability,
medical condition, race, pregnancy or childbirth.
Unemployment and disability
insurance, state and federal laws require virtually all employers to provide
this service to employees.
The federal Immigration Reform
and Control Act of 1986 (IRCA) is meant to ensure that American companies
employ only persons who have the legal right to work in the United States.
Form I-9 must be completed for
every employee hired after November 6, 1986.
Posting and Notice
requirements. Employers have to post
general information regarding sexual harassment, workmen's compensation, etc.
by providing pamphlets, posters, etc.
Time-off rules. There are a few civic duties that employers
must give employees time off for like voting, jury duty, military service,
volunteer firefighting, etc.
Occupational Safety and Health
laws, federal, osha.gov.
Uniformed Services Employment
and Re-
EmploymentRights Act (USE RRA)
of 1994, this law help ex-military people find civilian jobs.
Some of the workplace laws that
apply to all companies with at least 15 employees are:
Americans with Disabilities Act/
ADA requires that employers make reasonable accommodations to qualified
individuals with disabilities who are either job applicants or employees.
Title VII of the Civil Rights
Act of 1964 barrs discrimination by employers on the basis of race, color,
religion, sex or national origin.
Pregnancy Discrimination Act,
1978, can't discriminate against pregnant women if they're able to do their job
duties.
Americans with Disabilities Act,
1990, based on the Civil Rights Act of 1964 and Title V of the Rehabilitation
Act, usdoj.gov/ crt/ada, 800-669-
4000.
Some of the workplace laws that
apply to all companies with at least 20 employees are:
Age Discrimination in Employment
Act, 1967, for older folks, over 40.
Consolidated Omnibus Budget
Reconciliation Act of 1985/ COBRA, for companies with 20 or more
employees. If employee leaves the
company, he can stay on the company health insurance plan for 18 months at his
own expense.
Some of the workplace laws that
apply to all companies with at least 50 employees are:
Affirmative Action Plans,
companies with 50 or employees and at least $50,000 in government contracts
must have an affirmative action plan.
Family and Medical Leave Act,
1993, for companies with 50 or more employees, unpaid leave up to 12 weeks to
tend to family situations.
Worker Adjustment and Retraining
Notification Act/ WARN Act applies to companies with 100+ employees. Employers must notify them 60 days before a
lay-off and offer other compensations like retraining into another career.
Some other employment related
laws are as follows:
Electronic Communications
Privacy Act doesn't cover employees in the course of business. In general, the employer has the right to
monitor employees visually with cameras and their communications too (phone,
fax, e-mail, internet).
National Labor Relations Act;
Labor Management Relations Act aka the Taft Hartley Act gives employees the
right to organize and form a union or any manner of a collective bargaining
group.
Rehabilitation Act of 1973,
prohibits discrimination against disabled individuals by all programs or
agencies receiving federal funding.
Vietnam Era Readjustment
Assistance Act of 1974 requires government contractors to take affirmative
action to hire disabled Vietnam vets.
National Employment Lawyers
Association
44 Montgomery Street, #2080
San Francisco, CA 94104
415-296-7629
nela.org
Provides a locator for
employment lawyers.
Employment Law Websites/ Labor Law Websites/
Job Regulations Websites
Books about personnel management
are at #650.13, 658.406 and HE736 or HF5548 at the
library. Try #658.311 or HF5549.5 at the library for books dealing
with employment law and related issues.
Also go to the American Management Association's website amacombooks.com
for books about the subject.
shrm.org/law/states/*****toc.asp
shrm.org/law/states/alabamatoc.asp
shrm.org/law/states/newjerseytoc.asp
911-legalhelp.com
abanet.org/disability, mental
and physical disability law.
abanet.org/labor/home.html
aclu.org/issues/worker/hmwr,
workplace rights
act.org/wwm, world of work.
allexperts.com/q/employment-law-924
allinoneposters.com, labor law
posters.
archives.gov/eeo/laws, equal
employment opportunity laws.
attorneypages.com/530/
azimynathan.com/about.html, law firm,
california.
bartleby.com/65/la/laborlaw.html
blog.laborlawcenter.com
labor-law-posters.com/
business.com
businessknowhow.net, sell posters.
calchamber.com/hrc, california
chamber of commerce. carmitch.com/discrimination.html, georgia employment and labor
law firm.
carmitch.com, georgia employment
and labor law firm.
catalaw.com/topics/labour.shtml
charlesakrugel.blogspot.com,
labor and employment law, hr law.
civilrights.org
cl.idaho.gov/portal/icl/alias_jobservice/,
idaho commerce and labor - idaho commerce and labor.
cnr.berkeley.edu/ucce50/ag-labor/7law.htm,
agricultural labor law.
coffmancoleman.com/legalnews/legalnews.asp,
jacksonville, florida labor and employment law firm.
complianceposter.com/
constitution.org/billofr_.htm,
bill of rights.
constructionweblinks.com, laws
and regulations industry; by state.
cpwr.com, center to protect
worker's rights.
dir.ca.gov/, california
department of industrial relations.
dir.ca.gov/labor_law.html
disability.gov
discriminationattorney.com,
california employment attorney.
dli.state.pa.us/landi/cwp, child
labor law.
dol.gov, department of labor,
us.
dol.gov/ dol.gov/compliance/,
department of labor's compliance assistance.
dol.gov/compliance/laws/comp-fmla.htm,
family and medical leave act.
dol.gov/dol/audience/aud-workers.htm,
workers information, us department of labor.
dol.gov/dol/compliance/compliance-majorlaw,
major laws.
dol.gov/dol/topic/discrimination/ethnicdisc.htm,
sexual and ethnic discrimination.
dol.gov/dol/topic/youthlabor,
youth and labor; dol.
dol.gov/ebsa/compliance_assistance.html
dol.gov/elaws/, employment laws.
dol.gov/esa, employment
standards administration.
dol.gov/esa/contacts/state_of.htm
dol.gov/whd/state/state.htm,
state labor laws.
doleta.gov/oa/eta_default.cfm,
employment and training administration.
donnasealeconsulting.typepad.com/workplacehumanrights
eridlc.com/index.cfm?fuseaction=hrlaws, employment law resources,
certifications, courses and continuing education
duhaime.org/legalresources/employmentlabourlaw.aspx
dwd.state.wi.us/laborlaw
edworkforce.house.gov, committee
on education and the workforce.
eeoc.gov, equal employment
opportunity law.
eeoc.gov/, u.s. equal employment
opportunity commission.
eeoc.gov/employees, equal pay
and discrimination compensation.
eeoc.gov/facts/qanda.html,
discrimination; eeo, federal laws prohibiting.
eeolaw.com, equal employment
opportunity laws.
eff.org/bloggers/lg/faq-labor.php
elinfonet.com, employment law
articles abanet.org/labor/
elinfonet.com, employment law
information network
elinfonet.com, employment law.
las-elc.org, the legal aid society-employment law center
elinfonet.com/fedindex/7
emplawyernet.com
employerdefence.com
employerlawreport.com
employersinc.com, employers
association, inc. of minnesota
employerslawyer.blogspot.com
employment.findlaw.com
employmentattorneylosangeles.com
grosman.com. legal advice in employment and labour law issues, wrongful
dismissal cases, employment contracts and human rights.
employmentblawg.com, labor and
employment law, human resources and other work.
employmentguide.com
employment-law.freeadvice.com
employment-law.freeadvice.com 65.38.183.238
employment-law.freeadvice.com/sexual_harassment/dress_harassment.htm
employmentlaw360.com
employmentlawalliance.com
llrx.com/features/adr.htm, labor arbitration and alternative dispute resolution
in employment.
employmentlawfirms.com
employmentlawforum.com
employmentlawgroup.net,
washington dc civil rights attorney.
en.wikipedia.org/wiki/federal_employees_health_benefit_plan
en.wikipedia.org/wiki/hofstra_labor_and_employment_law_journal
en.wikipedia.org/wiki/job_creation_and_worker_assistance_act_of_2002
erieri.com/freedata/hrcodes/index.htm,
economic research institute, laws and
definitions.
ewin.com/articles/faq.htm,
frequently asked questions about employee relations; access to personnel files,
jury duty, severance pay and monitoring e-mail. fairmeasures.com
findlaw.com/01topics/27labor/
fmlaharassmentlaborlawosha.com
freeadvice.com, free legal
advice.
garfinkeltrialgroup.com/, law
firm, orlando.
getareferral.com, california
labor lawyers.
getting-legal-advice.com
gigalaw.com
gneil.com, posters.
governmentposter.com, osha
posters hg.org/employ.html history.eserver.org/us-labor-law.txt
govtrack.us/congress/bills/112/hr4227,
workforce investment act.
hg.org/employ.html
hofstra.edu/academics/law/law_laborlaw.cfm,
hofstra labor and employment law journal
homepages.uhwo.hawaii.edu/clear/laborlaws.html
hr.blr.com hr.blr.com, state
labor laws and human resources management compliance for your state.
hrdocs.com, government posters.
hrhero.com
hrlawindex.com
hrlawindex.com
hrshopper.com
ideasandtraining.com/employment-law-training.html
iir.berkeley.edu/library/contracts/index.html,
the institute of industrial relations, labor contracts database
iir.berkeley.edu/library/laborportal,
labor research.
ilis.ilo.org/ilis/natlex/ilntrna.html
ilis.ilo.org/ilis/natlex/ilsearna.html#searchforme
ilo.org/public/english/employment/yen,
youth employment; ilo.
in.gov/ai/hr/laborlaw.html,
indiana labor laws irmi.com/expert/topics/legaltrends/employmentlaw.aspx
joblaw.ca
joblaw.com jobsearch. dead website, try
dotdash.com/od/employeebenefits
jobsearch. dead website, try
dotdash.com/od/employmentlaw
jobsearchtech. dead website, try
dotdash.com/cs/labor_laws_2/a/employee, employee rights.
jobsearchtech. dead website, try
dotdash.com/od/federal_labor_law/index
jobsearchtech. dead website, try
dotdash.com/od/laborlaws
jobsearchtech. dead website, try
dotdash.com/od/laborlaws/
jobsearchtech. dead website, try
dotdash.com/od/laborlaws/
jobsearchtech. dead website, try
dotdash.com/od/state_labor_law/
jurist.law.pitt.edu/sg_lab.htm
kclabor.org/law.htm
labor.iu.edu/organizeindiana/documents/
laborandemploymentlawblog.com
labor-employment-law.lawyers.com
employmentlawgroup.net, washington dc civil rights attorney.
laborlawcenter.com
laborlawtalk.com/
labourlawblog.typepad.com
law.buffalo.edu/research/workshops/edelman.pdf,
law at work.
law.com/jsp/pc/emplaw.jsp
law.com/professionals/emplaw.html
law.cornell.edu, employment law;
cornell.
law.cornell.edu/topics/employment.html
law.cornell.edu/topics/employment.html
laborlawtalk.com
law.cornell.edu/topics/labor.html
law.cornell.edu/topics/table_labor.htm, state labor laws.
law.cornell.edu/uscode/29, links
to the labor related federal statutes in the united states.
law.mercer.edu/library/research/legallinks.cfm
law4usa.org
lawmemo.com, employment law from
lawmemo
lawmemo.com/
lawprofessors.typepad.com/laborprof_blog
lawprofessors.typepad.com/laborprof_blog
lawyerment.com.my/library/doc/empl/, malaysia labor law.
lectlaw.com/temp.html
legal-database.com/ legalmatch.com/law-library/article/employment-contract-law.html
legalranks.com
legalworkplace.com, from
Alexander Hamilton Institute
lera.uiuc.edu/pubs/newsletters/lelnewsletters/
lib.law.washington.edu/ref/labemp.htm
ljextra.com/practice/laboremployment/index.html,
employment and labor law, the latest in employment and labor law and news
updated daily.
ll.georgetown.edu/lib/guides/labor_employment
lorman.com lpa.igc.org/documents/lpd_laborlaw.html lpa.org, trends in labor and
employment policy. nela.org, national employment lawyers association.
megalaw.com/top/labor.php, labor
and employment law center.
mggbgs.com/, law firm,
washington, dc.
monster.ca
mycounsel.com/content/smbusiness/employmentlaw
naalc.org/migrant/english/index.shtml,
guide to labor and employment laws for migrant workers in north america,
commission for labor cooperation.
nela.org, employment lawyers.
nela.org, national employment
lawyers association.
news.findlaw.com/legalnews/business/labor
nlrb.gov/, u.s. national labor relations board
nolo.com/legal-encyclopedia/workplace-rights,
nolo's legal encyclopedia
nolo.nolo.com/legal-encyclopedia/hr-employment-law,
employment rights.
nrtw.org, national right to work
legal defense foundation.
oregonlaborlaw.blogspot.com
oregonlaborlaw.blogspot.com
laboreducation.org
osha-safety.com osha-safety.org/
pickalawyer.com
postercompliance.com
ppspublishers.com prweb.com
rd.business.com, equal
employment, discrimination, harassment and related issues.
referral.nolo.com
regulatoryposters.com
rifkinfox.com/firm.htm, law firm in orlando, fl.
sbinformation. dead website, try
dotdash.com/od/laborlaws/index.htm, employee laws for small business shrm.org
servicelocator.org/owslinks.asp,
unemployment state resources.
sspweb.com/scuc/scuc_home.htm
statutes.law.cornell.edu/topics/employment.html,
employment law: an overview
straylight.law.cornell.edu/topics/labor.html
stu.findlaw.com/journals/labor.html
the-paper-store.com, term papers
on labor law.
toolkit.com, job requirements
checklist.
topics.law.cornell.edu/wex/employment_discrimination,
employment discrimination hr-guide.com, human resources guide.
topix.net/law/employment-labor
totalbusiness.com
traditionallaborlaw.blogspot.com/
twc.state.tx.us/ui/lablaw/cllsum.html,
texas child labor law summary.
ucblibraries.colorado.edu/govpubs/us/affact.htm,
affirmative action and civil rights.
umn.edu/humanrts, human rights
library.
usgovinfo. dead website, try
dotdash.com/library/weekly/aa080902a.htm, child labor safety law
usworkforce.org, united states
department of labor, employment and training administration-workforce
investment act information. vault.com/law
virginialaborlaw.com
washlaw.edu/doclaw/subject/emply5m.html
weblocator.com/attorney/mn/law/labor.html,
minnesota.
weblocator.com/attorney/tx/law/b31.html,
texas labor law.
westcairn.com, california, law
firm.
workforce.com
stevenrubinlaw.com/corporateprofessionals.shtml, labor attorneys.
wrongfuldismissaldatabase.com
yourbestlegalhelp.com
yourinsuranceworld.com/potpourri/contractlabor
National Employment Lawyers
Association
44 Montgomery Street, #2080
San Francisco, CA 94104
415-296-7629
nela.org
Provides a locator for
employment lawyers.
Employee Rights Info
The following information is
general. Books about employee rights are
at #331.01109 or HD6971 at the library.
Go to #344.71-73 or KE3247 and KF345
(labor laws) of the library and the Government Documents section for more
specific information.
The main legislation dealing
with employment in the United States are:
Age Discrimination Employment
Act/ ADEA (involuntary retirement, firing or not hiring people because of
advanced age);
Americans with Disabilities Act;
Cash or Deferred Arrangement/
CODA, 401(k).
Civil Rights Act (Title VII,
employee discrimination; racial, sex, national origin, religious, smoking;
sexual harassment);
Civil Rights Act in general.
COBRA for continuing health
coverage after termination;
Electronic Communications
Privacy Act;
Employee Retirement Income
Security Act/ ERISA (pensions and fringe benefits);
Retirement Equity Act (gives
divorced and widowed spouses access to pension benefits);
Equal Employment Opportunity
Commission/ EEOC;
Equal Pay Act (sex
discrimination);
Fair Labor Standards Act
(minimum wage);
Family and Medical Leave Act/
FMLA;
Federal Unemployment Tax Act;
Labor Management Relations Act
(the right to organize and form unions);
Occupational Safety and Health
Act;
Older Workers Benefit Protection
Act/ OWBPA;
Pregnancy Discrimination Act;
Privacy for Consumers and
Workers Act (surveilance);
Qualified Domestic Relations
Order/ QDRO (relates to divorce and pensions);
Rehabilitation Act (disabled
people);
Retirement Equity Act, divorced
spouses or widows entitled to spouses pension benefits.
Revenue Reconciliation Act.
Unemployment benefits;
Worker Adjustment Retraining and
Notice Act/ WARN (for workers of plants that shut down);
Workers compensation, etc.
The biggest issue these days is
job security. A lot of employers get
around the laws by hiring disposable workers, usually part-timers, temps or
contract workers so that they're not legally bound to provide them with
benefits nor job security.
While these options have some
advantages for the freelancer not particularly interested in a fulltime career,
they nevertheless cut down on the opportunities for good, secure jobs so you
have to accept this fact of life as the wave of the future that the days of the
one company job where you stay for your entire career at the same place and get
a pension are very much in a minority now.
Don't count on it.
Look to be flexible and current
in the work you do. If you're in a
company pension plan, you should get a Summary Plan Description/ SPD which
describes all the details. This is the
legal document which the company must adhere to otherwise you can sue them.
The Employee Retirement Income
Security Act/ ERISA covers company pensions and fringe benefits.
One of the fringe benefits is
health insurance which is probably the area with the most problems between
employees and management.
Get your employer's paperwork on
the health insurance they offer you and refer to ERISA for an explanation of
the law if you run into any legal snags.
If you have Aids, the laws are even more complex.
The most common problems in the
hiring process are that the employee lies on the application which are grounds
for termination or not hiring you and the employer misrepresents the terms of
employment.
Employers aren't allowed to ask
you personal questions not relevant to the job.
If they do and you choose not to answer, they probably won't give you
the job because they don't like your attitude.
You could sue them but they
could always say they found somebody better so your best bet when asked
personal questions is to just play along with the guy, act like's a bud and
you're having a regular conversation.
As far as the tests employers
can give you, it has to be related to the job, a test that predicts your
ability to do the job not an unrelated test which they can use to screen out
all the people they don't particularly want to work there.
Employers lie to employees
promising them a lot of things to work there then not delivering. If it's a direct lie and not just flattery,
you can sue them civilly.
Clear up all job details you're
not sure about. Get it in writing in
your employment contract to keep it all legal and out in the open. Your best bet before you take a job is to
read through the employer's rule book and/ or ask relevant questions.
For legal reasons, make sure you
understand all the terms of employment before taking a job.
Read your employment contract
carefully. If the employer tells you
will make an outrageous salary for working for his company like $100,000 in
commissions and you don't, it's misrepresentation. If you decide to sue an employer based on
misrepresentation, it will be very difficult to prove.
Your employer can check your
background and credit history and request that you take psychological tests as
part of the application process.
Under the Fair Credit Reporting
Act, the employer must get your authorization before he checks your credit
history out.
If job performance is related to
medical health, your employer can make you take a medical exam.
Before you take a job, you
should read the employment contract thoroughly to know exactly what you're
getting into. If you want changes, get
it in writing.
You have many rights in the
workplace including your basic civil rights.
You have the right to start a
union, to join a union and vote in union elections without management
interference.
If an employer misrepresents how
much you can/ will earn, you have grounds to sue him.
If you work overtime in most
jobs which means over 40 hours a week, you are legally entitled to time and a
half except for white collar jobs because they basically earn a high enough
salary.
You have constitutional
protections from the invasion of privacy into your personal life in matters not
relating to work.
A company is allowed to have a
reasonable dress code.
Some states have regulations
regarding genetic testing at work.
There's a federal law that protects federal workers from being tested
genetically.
Genetic/ DNA testing is a test
an employer might use to see if you have a certain gene that predisposes you to
catch certain diseases so that if you catch that certain disease, it can't be
blamed on your work and your employer doesn't have to pay you benefits.
The EEOC has already filed
several lawsuits against companies who've conducted such tests because they
deceived their employees by not telling them they were doing DNA tests on them
when they had the company doctor draw their blood and also because genetic
predisposition is a very weak science as to what actually causes diseases.
The way you live your life and
what you do at work could play a much larger role than genetic predisposition.
If you see an unsafe condition
at your workplace, report it to your boss and give him a chance to correct
it. If he doesn't, you legally have the
right to report him to the local branch of the Occupational Safety and Health
Administration (OSHA) without fear of retribution.
The Fair Labor Standards Act 29
U.S.c. regulates minimum wages, contract workers, temporary workers, part-time
work, overtime and equitable pay standards for men and women.
If employers want to fire you,
they will look for a reason like fraud on your resume.
Employers have the legal right
to give tests which measure the qualifications for the job and that's basically
it.
Some jobs require medical tests,
others don't. If they're used, it's
grounds for discrimination if the list to weed out disabled people.
Some companies do genetic
testing and if they identify defective genes, genes which predispose you to get
a major disease, they either might not hire you or if you're an employee, they
will try to deny medical coverage based on that.
The employer has an obligation
to tell the employee the truth, the Truth in Hiring Rule.
He can't hire somebody with idle
promises and not deliver like the guy who relocated and was let go after six
months only to sue and win.
To keep everything clear, get
employment details as specific as possible in writing.
Employers are responsible to
collect money from the employee's pay cheque for unemployment compensation
(Federal Unemployment Tax Act/ FUTA) and Social Security/ FICA.
The most common types of
discrimination are racial, place of origin, language, sex, sexual orientation,
religion, smoker, pregnancy, age, disabilities, AIDS/ HIV.
You have privacy rights. Even though the Drug-Free Workplace Act
encourages companies with federal government contracts to keep drugs out of the
workplace, you're generally not allowed to be tested unless the job has some
element of safety hazards in it like people who operate transportation vehicles
(planes, trains, ships, trucks, etc.) as covered by the Omnibus Transportation
Employee Testing Act.
The Employee Polygraph
Protection Act renders the lie detector virtually useless in the
workplace. It is generally allowed only
in criminal investigations.
Books about employee rights are
at #331.011 or HD6971 at the library.
California Labor Law
answers.google.com, california
state employment law
askemploymentlaw.org.uk
bamlawca.com, employment
lawyers, san diego ( 858) 367-9913 and san
calaborlaw.com, california labor and employment law
calchamber.com/california-employment-law/pages/california-employment-law.aspx,
california employment law
californialaborlaw.info
callaborlaw.com, california
labor and employment law blog
dir.ca.gov/dlse/dlselaws.html,
research the labor code - california
employment-law.freeadvice.com
en.allexperts.com/q/employment-law-924/2010/3/overpayment-wages-4.htm,
employment law/ overpayment of wages
francisco (415) 935-3957 gotovertime.com,
california overtime law labor.ca.gov/laborlawreg.htm, labor laws and
regulations - california
laboremploymentlawblog.com
laborlawtalk.com
lemon-co.co.uk/overpayments.htm,
the employment rights act 1996 provides that it will not be an illegal deduction
from wages to recover an overpayment from salary. payroll-help.com
resources.lawinfo.com/en/legal-faqs/wage-and-hours/california/what-are-the-rules-on-final-paychecks-in-cali.html
Working Conditions/ Worker Rights
europarl.europa.eu/comparl/libe/elsj/charter/ar
t 31/default_en.htm, fair and just working conditions - charter of fundamental rights
edd.ca.gov/uibdg/suitable_work_sw_440.htm,
working conditions.
online.onetcenter.org/explore/workvalues/working_
conditions/
nvti.cudenver.edu/tapfacilitator/resources/pdfs/work_related_values_chart.pdf
diversityworking.com
secbd.org
ymca.ac.uk/housing/workers_in_the_homeless
_sector.pdf
vtlmi.info/wageincome.cfm
dol.gov/dol/oasam/crchome.htm, the civil rights center of the us department of
labor aboutwork.com
careerlab.com
cftech.com/brainbank/businesslaw
dol.gov. dol.gov/pwba, pension
and welfare benefits administration.
dol.gov/dol/esa/public/owcp.org.htm,
worker's compensation. dol.gov/dol/esa/public/whdorg.htm, wage and hour
division.
en.wikipedia.org/wiki/right_to_work
en.wikipedia.org/wiki/right-to-work_law
freeerisa.com.
osha.gov, occupational safety
and health.
shrm.org
wageweb.com
workfamily.com
workforceonline.com/legaltip
workindex.com
Business and Legal Reports, Inc.
141 Rock Rd. E.
Old Saybrook, Ct 06475
800-727-5257
blr.com
Books about legal issues at work
like family and medical leave compliancy.
Family and Work Institute
330 7th Ave.
14th Fl.
Nyc 10001
212-465-2044
familiesandworkinst.org
familiesandwork.org
National Adoption Center
1500 Walnut
#701
Philadelphia, Pa 19102
800-To-Adopt
215-735-9988
Fax: 215-735-9410
adopt.org Free booklet, The
Employer's Guide To Adoption.
Minimum Wage Websites
en.wikipedia.org/wiki/minimum_wage,
minimum wage; facts at a glance.
dol.gov/whd/flsa, minimum wage.
dol.gov/esa/minwage/america.htm, minimum wage in the states.
Child Labor Laws
historyplace.com/unitedstates/childlabor,
child labor in america; the history place.
dol.gov/compliance/guide/childlbr.htm, child labor laws.
Chapter 2. Privacy Issues at Work
Privacy
Issues at Work
The most basic privacy issue at work is both personal
information and company information.
Generally, the employer has no right to
pass employee records around to anyone who doesn't need them in a
work-related capacity nor does he have the right to snoop around in areas not
related to the job which raises the question to what extent can an employer go
to pre-screen employees before hiring them.
By the same token, the employee has no business talking
about company business to anyone not directly involved in the business.
The U.S. Constitution grants us certain rights like freedom
of expression, limits on searches and questioning people suspected of
crimes.
You have constitutional protections from the invasion of privacy
into your personal life in matters not relating to work but your personal
rights are compromised when you enter the work arena.
When you take on a job, you're implicitly giving some of
your freedom and privacy away to your employer but the question is how
much. Whatever they do to compromise
your privacy and freedom must be relevant to the job in order to be legal.
The line between an employer's right to know what an
employee does outside the job and the employee's privacy is a muddled area from
a legal and common sense point of view.
For legal purposes to protect himself, the employer should
set out what he plans to do if it will possibly violate a person's privacy such
as monitor telephone calls and e-mails, plans to put surveillance cameras up or
demand urine testing for drugs.
The actions must be work-related. They must have a reasonable intent to
them. For example, if you plan to put a
surveillance camera up on the floor, you say it's to record accidents if and
when they happen and to deter theft.
If you plan to monitor internet usage, you say you won't
tolerate employees not doing work on work time and instead fooling around on
the net.
If you plan to do things that will compromise privacy, tell
your employees before you do them in writing so they know. Be honest with them. Give them the reasons why you're invading
their privacy. Tell them straight up
that they have no reasonable expectation of privacy on company time.
You should have consent forms or at least acknowledgement
forms which the employees and independent contractors sign. This way they know if there is some kind of
surveillance on them. This is called
openness, telling your employees what kind of surveillance measures you're
using.
Tell them you won't be using the information other than for
work-related matters. You will not
report what websites they surfed to their spouses or make it public knowledge.
If you're a big company, get one of your human resources
people to become the workplace privacy expert and develop a privacy compliance
program which will spell out what surveillance actions the company will use and
specify what will be done with the information after it is collected.
Even if you're collecting employee information such as
monitoring his or her e-mail and fax usage, you are still obligated to protect
the person's privacy by not letting anyone see this information except for
maybe the project privacy manager (PPM) and a relevant manager or two.
Get your lawyers to look over your plans. Ask them what the privacy at work laws are in
your area.
The basic issues regarding privacy in the workplace are as
follows:
Employee Pre-Screening before hiring.
Interview questions.
Surveillance, both visual and electronic.
Drug and alcohol testing.
Third party information, asking others about the employee.
Searching employee locker rooms, vehicles, pockets,
clothing, kitbags, etc.
Off-duty life of the employee.
Who has access to employee records.
Medical information obtained by employers not related to the
immediate situation. For example, some
employers have been requiring employees to give a DNA sample which is then
tested to determine genetic predisposition to major diseases and if the
employee is found to have a high genetic predisposition, the company quietly
tries to get rid of him.
Some companies have been accused of doing this without
telling the employees this is what they were doing. They were told the DNA sample was just
routine, to run conventional medical tests.
By being personal and personable, the employer may think he
cares about the employee, wants to relate and help out but my attitude is if
the individual does adequate work, butt out unless they come to you with a
problem or concern. Don't be too
personal. It's work.
If a normally good employee seems shaky lately, back
off. Mind your own business. Everybody goes through crises. Give them a month or so and if they're still
looking weak, ask them what's going on.
There are very few federal laws regarding employment privacy. Such laws, if they exist, are at the state
and local level.
The general rule of thumb is that whatever an employer does
that could be an invasion of employee privacy must have a legitimaste,
business-related reason.
If workers are stealing from you, put surveillance cameras
up near the door but don't put them in the bathroom.
Employees file lawsuits against employers for invasions of
privacy so think before you do anything that might go beyond your legitimate
need to know for business reasons.
Don't give out information on employees to outside
organizations unless it's directly related to business.
One of the most sensitive areas of privacy is in the area of
interviewing candidates for a new job.
Keep your questions on the job not about the personal life of the
individual.
If you work in an area where there's lot of money, the boss
can legally take measures to protect himself like check your background out and
install cameras there but if you work in a slaughter house, the boss has no
justifiable need for these invasions of your privacy.
The Labor Management Relations Act covers privacy
issues. You have to go the collective
bargaining agreement between management and the unions where you work.
The Federal Employee Polygraph Protection Act forbids the
use of polygraph/ lie detector tests for pre-employment screening.
Employers can request that you take a polygraph if you're
suspected of a crime or in the interests of security only. Polygraph testing law in the workplace
differs for every state, totally illegal in some.
Genetic testing is another area that's protected by many
state laws. A potential employer is not
allowed to subject you to genetic testing in the course of a medical
examination which may reveal certain dispositions such as sickle cell anemia or
cancer susceptibility.
Employers are allowed to use video surveillance in the workplace. Some unions demand to be informed of hidden
camera surveillance.
The Federal Omnibus Crime Control and Safe Streets Act
regulates wiretapping and eavesdropping making it illegal in all situations
except if the employee is told in advance that he may be monitored in some
situation such as on the phone, e-mail, etc.
If the communication is personal, the eavesdropper is
supposed to cease listening and only attend to business-oriented
correspondence.
Searches are only allowed if there's a good reason such as
recent thefts.
If you work in certain states or for the federal government
under union contract, you have the right to see your personnel files. In some states and companies, you don't have
that right unless you're involved in a lawsuit with your employer.
Get spyware for your computers like spectorsoft.com. Tell them you can monitor everything they do
on the computer.
Tell them their phone calls are being monitored. You have the legal right to do this to your
phones on company time.
Try #331.011 or JC596.2 at the library.
csa.ca, canadian standards assn.
eff.org, electronic frontier foundation.
oecd.org, guidelines on the protection of privacy and
transborder flows of personal data.
privcom.gc.ca, privacy commissioner of canada.
tbs-sct.gc.ca/index_e, treasury board of canada's privacy
impact assessment policy.
Privacy
Resources in General
Books about privacy are at #323.4 or JC596 and KF1262 at the
library.
cioinsight.com
cnbcbigbrother.com
computer.howstuffworks.com/workplace-surveillance.htm
consumer.gov/idtheft
cpsr.org/cpsr/privacy/
databasenation.com
digitalpersona.com, products.
eff.org, the electronic frontier foundation
epic.org/privacy, the electronic privacy information center
epistolary.org/rob/bonuscard, supermarket cards.
epic.org/privacy/publicrecords/
escapeartist.com
escapeartist.com/efam/45/disappearing
fas.org/irp/program/collect/stargate, satellite surveilance.
freedomhq.com
ftc.gov/bcp/conline/pubs/buspubs/credempl
ftc.gov/os/statutes/2summary
ftc.gov/privacy
fuld.com/i3/index.html, internet intelligence index, links
to how to spy electronically on companies, etc.
howtheychangeyourmind.com
howtobeinvisible.com
jeffwolfe.com
libraryprivacy.org, the fbi has rights to look at library
records.
lompanics.com
nocards.org, supermarket loyalty cards.
nocards.privacyinternational.org, info on loyalty cards,
etc.
paladinpress.com
privacy.net
privacy.ninemsn.com.au
privacy.org
privacyalert.us
privacyfoundation.org
privacyinternational.org
privacyrights.org
privlaw.com, canada.
protest.net
publiccitizen.org
quietbuy.com, a service where you can buy something
controversial and these middlemen will do the deal so there is no paper
trail. Most common for buying porn,
weapons, left-wing books, etc.
reconex.com, phonecards, phone service without a detailed
credit check.
refuseandresist.org
securityedition.com
simson.net
smartmobs.com
spychips.com
turbulence.org
uscourts.gov/wiretap98
verizon.com, click on products and services then on calling
features then on identify your callers for a security feature beyond caller id.
we-swipe.us
whitedot.org/spyinteractive/faqs, spy tv.
zks.net, zero knowledge systems.
American Civil Liberties Union
132 West 43rd Street
NYC 10036-6599
aclu.org
Privacy Rights Clearinghouse
3100 5th Avenue
#B
San Diego, Ca 92103
(619) 298-3396
Fax: (619) 298-5681
prc@privacyrights.org
privacyrights.org
Privacy
Law Websites/ Work Privacy Websites
worldprivacyforum.org/workplace.html, world privacy forum:
workplace privacy project
scottandscottllp.com,
privacy policy lawyer.
hg.org/privacy.html
privacytimes.com
epic.org/privacy/consumer/states.html, privacy laws.
law.com, state privacy laws
Chapter 3. Harassment/ Discrimination
Job
Harassment Info
In general terms, harassment in the workplace is any action,
object or comment that at least one person finds offensive
or harmful or that a group of people in the community
would view as in bad taste, unwelcome or offensive.
Harassment causes the victim (harassed person) to feel
bullied, humiliated, embarassed, discriminated against, intimidated or
threatened.
There are civil liberties laws in place to protect
individuals from harassment on the grounds of race, nationality, ethnic origin,
colour, religion, age, sex, sexual orientation, marital status, family status,
disability and former criminal convictions.
Depending on the specifics of the situation, harassment
could be a criminal offense, civil offense or both. In the workplace, it's mostly a civil
offense, punishable with fines and punitive damages in a civil lawsuit.
To me, harassment is not the grey area pundits purport it to
be. In any situation, people are either
positive, negative or neutral and there is no great chasm of ambiguity between
these actions or vibes if you will.
We have all spent all our lives judging people's attitudes
to us. It's always an inner dialogue of
"Is this person a friend or foe" so we're all experts at judging
people's motives towards us whether we realize it or not and in my opinion, our
intuitive faculties are rarely wrong.
We simply know when someone is trying to embarrass or
belittle us for some ego problem they have.
It's black and white, crystal clear.
You can sense a true friend, a disinterested workmate who
doesn't care about you much either way and someone who is going out of their
way to do rude things to you.
Anything negative that takes on a personal tone geared to
make you feel bad is harassment such as:
rude behavior
degrading or offensive comments
threats, intimidation, talk of revenge
criticism of the person not the work
teasing about inappropriate things such as a disability
put-downs and insults
displaying sexist, racist or other offensive pictures,
cartoons or slogans both physically and electronically
repeatedly singling out one person to do the dirty work that
is not normally part of his job description
purposely excluding an employee from the group dynamic
libel/ slander, telling damaging lies about someone
unwanted flirting, sexual suggestions
unwanted sexual advances or even light touching such as
pinching, a slap on the butt, etc.
The way to deal with harassment is the same as the proper,
official way to deal with conflicts.
Don't take sides. Try to be
objective. Separate the two.
Act sympathetic towards each so they will each spill their
guts out to you and from that, make your decision as to what is the objective
truth of the matter.
If you determine one guy is the instigator, as I say in my
article on conflict resolution, why bother with people like this. They have negative personalities. Get rid of them. Have a zero tolerance policy.
Just like they encourage people to report bullying behavior
at grade school, so too, do it here.
Tell them it's not squealing, it's doing the right thing. Read the next few paragraphs from my bullying
article.
"Bullying is often done by people who feel less than
good and whole about themselves therefore they're frustrated about their lives
so in order to bring themselves up a notch, they'll often pick on weaker people
and this makes them feel better in the moment while making someone else feel
bad which they're either insensitive to or relish in, to see others
suffer.
Bullies are not like passive aggressive people who disguise
their anger. Bullies are out in the
open, in your face with pushy, demeaning and abrasive behavior. Bullies take a toll on everybody around
them.
Bullying/ violence is often done as an unconscious process,
they don't exactly know why they're
doing it. Many bullies don't think, on
the surface, that they're insecure people with inferiority complexes.
They've displaced who they are objectively with a new
persona kind of like a weak kid who takes on a superhero persona, it's a coping
mechanism, only in this case, they take on the role of the big, bad bully. It gives them some control in their lives.
For some, the reasons may not be this profound. There are a lot of miserable, angry, evil
people out there who enjoy seeing others suffer and enjoy inflicting the pain
to make them suffer. It makes them feel
powerful and good.
Some bullies are hopelessly incorrigible people who will
never be cured. It could have its roots
in reactive attachment disorder, that between just after they were born to
about the age of two years old, they didn't get the normal love a baby should
get so they were irreparably damaged to not feel for other people and even get
pleasure out of hurting others, especially if they were abused as kids."
When dealing with harassment situations in the workplace,
try to be clear, talk to the players and listen to them in an attempt to get to
the bottom of the situation.
Encourage tolerance, in the workplace, that people act
towards others in a respectful and professional manner.
Have a workplace policy in place that orders people to report
harassment/ bullying.
Educate everyone about harassment as a serious offence. Define harassment for them.
Try to identify negative people and stop them before they
escalate their negativity.
When someone complains about harassment, deal with it immediately.
If you feel you are being harassed, say in a formal,
businesslike way, "Your behaviour is not acceptable, stop immediately or
bear the consequences of a harassment charge."
If he says nothing but gives you a sarcastic look, walk
away. This may be enough for him to know
that you're no pushover. If he does it
again, report him immediately.
In any event, from then on, ignore him. If you must deal with him, make it prompt,
terse, businesslike with very short two word answers.
Keep a journal of all harassment incidents. Document the place, time and who else was
present.
In proving harassment in a court of law, it's not just about
the negative character of the incidents, it's about the frequency and
establishing a pattern of harassment over time.
If the harassment is very blatant and often, don't be above
installing a hidden camera. It's not
that hard as long as you hide the red flickering light on your camcorder with a
piece of tape.
Simply let the camcorder run all day in its secret location
plugged in as opposed to battery power which will run out. Six hour tapes are common.
aauw.org, 800-326-aauw, american assn. of university women
educational foundation, info about sexual harassment, etc.
aclu.org, american civil liberties union.
bullying.org
feminist.org/911/harass
hhs.gov, health and human services.
lfcc.on.ca/bully.htm
ncpc.org/eduleo5.htm, national crime prevention council.
tbs-sct.gc.ca/pubs_pol/hrpubs, human resources
tbs-sct.gc.ca/pubs_pol/hrpubs/hw-hmt/hara_e, harassment.
tolerance.org
worldculture.com
eeoc.gov/types/religion.html, religious discrimination.
Sex
Discrimination Info
Sex discrimination used to be something like the old boy's
club not giving high-level jobs to women or the local fire department not
hiring women.
Nowadays you got some men against affirmative action saying
they're more qualified but a woman gets the job.
Gay people are crying sex discrimination too.
Books about sex discrimination are at #342.7108 or KE4399
and KF4488 to KF4758 at the library.
equalrights.org/publications/kyr/sexdiscrim.asp
enotes.com/everyday-law-encyclopedia/sexual-discrimination-and-orientation
en.wikipedia.org/wiki/sex_discrimination_act_1975, britain.
hrlawindex.com
employmentlawgroup.net/cm/discriminationlaws/discriminationlaws4.asp,
washington dc civil rights attorney.
equalrights.org/professional/sexdiscrim/info.asp
getcited.org/pub/102451148, sex discrimination in
employment; women; equal pay for equal work.
carmitch.com/discrimination.html, georgia employment and
labor law firm.
theglassceiling.com
opm.gov/er/address2/guide01.htm
findarticles.com/p/articles/mi_qa3693/is_200211/ai_n9126097
equalityvirginia.org ed.gov/policy/rights/guid/ocr/sex.html
healthresources.caremark.com/topic/sexdiscrim
hrlawindex.com
mc3.edu/sa/lib/guides/equalrig.pdf#search='sexresourcesunitedstates'
ncfm.org, national coalition to free men, anti-sex
discrimination.
Working Women's Institute
593 Park Ave.
NYC 10021
212-838-4420
They conduct workshops dealing with sexual harassment and
its prevention and they offer support to victims of sexual harassment and
discrimination.
Sexual
Harassment in General
Sexual harassment law has its roots in the US Civil Rights
Act of 1964. In the 1970s, some women
started complaining that harassment in the
workplace against them was discriminatory.
In 1980, the EEOC (Equal Employment Opportunity Commission)
issued guidelines about sexual harassment saying that conduct of a sexual
nature be it verbal or physical is a violation of Title VII of the Civil Rights
Act of 1964 when it interferes with a woman's ability to do her job in a safe,
comfortable environment.
Conduct of a sexual nature is offensive when it affects
employment decisions (hiring, raises, firing), interferes with the ability of a
woman to do her work or creates a hostile, intimidating work environment. Try to like your boss or get along with him but
if he crosses that invisible line of disrespect because you're a woman or
because he doesn't like you, you have a right to air your grievances to his
superiors, your union support agencies, the EEOC or an employment lawyer.
If your boss doesn't treat you with proper respect with the
same opportunity for upward mobility as everybody else, he's not playing
fair.
Get help to remedy the situation. By the same token, if he's too friendly, try
to keep a professional distance because he may be in violation of company
policy and you don't want to be dragged down with his improprieties. If you play his game, flirt with him and fall
for his charms, you're asking for it.
Sexual harassment is a one-way street, unwanted sexual
attention directed at you with no prodding on your part. If you play along, it's not sexual harassment
anymore, it's having fun and if you enjoy the attention, a few witnesses in
court will destroy your case should you ever file suit.
The EEOC definition is that sexual harassment is any
unwelcome sexual conduct that occurs in the workplace or school. There are two types:
Harassment that creates an unpleasant environment such as
sexist jokes, talk about sex, inappropriate touching, leering, pornographic
materials in public view or anything else that can be proved to create a
hostile work environment.
Quid pro quo harassment which is the practice of offering
employment or advancement in exchange for sex or sexual favors.
Some psychobabblist says that the reason there's sexual
harassment in the workplace is that men misinterpret a woman's friendliness for
sexual interest, think they can score some sex with her (even if she's married)
so they set about acting seductive all the while the girl is not thinking sex
at all.
She just thought she was being friendly while the guy
thought she was coming on to him. Beware
of these different ways men and women perceive the same event. Women think they're just being friendly, men
think they're coming on to them.
Even if the woman is possibly interested in the guy, she's
checking him out as an emotional partner not for a quick roll in the photocopy
room so the best bet for men is to back off.
Don't read things into your co-workers' behavior. Play it straight with them. Wait until she makes a move that leaves no
doubt in your mind.
Ask a co-worker out once.
If she says no, don't ever ask her again. One time is fine but any more is considered
sexual harassment.
Studies have shown that women are hypocrites when it comes
to sexual harassment. When attractive,
high status guys come on to them repeatedly at work, they like it but if the
low status, fat, chubby guy asks her out a few times and tells her how
beautiful she is, that's harassment in her eyes.
Sexual harassment refers to everyone's right to work in an
atmosphere that's not hostile to them based on gender. Sexual harassment, legally defined, breaks
down into two categories:
Quid Pro Quo, literary translated from Latin means
"something given or received for something else." This is basically when the boss wants sexual
favors for either giving you the job, promotion, etc. and/ or for not firing or
demoting you.
Hostile Environment is when the guys talk dirty to you, hang
sexual pictures up on the bulletin board, talk sex talk amongst each other in
your presence, etc.
In 1980, the EEOC (Equal Employment Opportunity Commission)
issued guidelines about sexual harassment saying that conduct of a sexual
nature be it verbal or physical is a violation of Title VII of the Civil Rights
Act of 1964 when it interferes with a woman's ability to do her job in a safe,
comfortable environment.
Conduct of a sexual nature is offensive when it affects
employment decisions (hiring, raises, firing), interferes with the ability of a
woman to do her work or creates a hostile, intimidating work environment.
Supervisors can help prevent sexual harassment by setting a
good example and keeping a productive work area. If a report of harassment occurs in your work
area, assist in the investigation and resolution ofthe complaint.
If you're a victim of SH, report the incident to your
immediate supervisor. If your immediate
supervisor is the perpetrator, discuss the incident with his boss or with
someone in the human resources department.
Try to like your boss or get along with him but if he
crosses that invisible line of disrespect because you're a woman or because he
doesn't like you, you have a right to air your grievances to his superiors,
your union support agencies, the EEOC or an employment lawyer.
If your boss doesn't treat you with proper respect with the
same opportunity for upward mobility as everybody else, he's not playing fair.
Get help to remedy the situation. By the same token, if he's
too friendly, try to keep a professional distance because he may be in
violation of company policy and you don't want to be dragged down with his
improprieties. If you play his game,
flirt with him and fall for his charms, you're asking for it.
Sexual harassment is a one-way street. If you play along, it's not sexual harassment
anymore, it's having fun and if you enjoy the attention, a few witnesses in
court will destroy your case should you ever file suit.
Sexual harassment can be a tough, subjective call because
one person may just be politely flirting while another sees it as intimidation,
especially if comes from the boss.
Men and women both can be victims of sexual harassment and
it can occur from a same sex person. If
you feel that you have been the victim of sexual harassment, you could call the
EEOC for an evaluation.
The basic standard is to be civil to co-workers in a polite,
non-sexist, professional manner. Never
touch anyone except for a professional handshake. Don't pat anybody on the butt even if
playfully.
Don't look or leer at bodyparts. Look people straight in the eye, nowhere
else. Don't ever say anything sexual,
even a sexual joke. Better to keep your
mouth shut than bother with it.
Keep conversation to business, the weather and their small
talk, what they want to talk about. Never
initiate personal discussions. Sexual
harassment comes down to comfort level which means it's subjective which means
almost anything can be sexual harassment so don't encourage anything sexual or
sexist.
Don't ask anybody out unless you can live with the rejection
and handle it in a business kind of way without retaliating by being a sexist
jerk. Never compliment a female for
anything about her appearance.
If a female looks uncomfortable, ask her if you're stepping
over the line. In the end, take sexual
harassment very seriously because there are too many lawyers out there ready to
sue for the flimsiest reason.
Their standards are that if an incident is particularly
serious and traumatic such as an outright proposal or physical touching, it
could be enough for a lawsuit, however, beyond that, they must assess the
general atmosphere of the workplace and determine whether you, the alleged
victim, are a sometime contributor to a freewheeling, casual atmosphere in the
office. Since sexual harassment is hard
to prove, you should tread lightly until you get witnesses and/ or hidden audio
and video evidence.
Just like there's sexual harassment by men on women so too
is there sexual harassment by women on men.
Don't use your position to try to get younger males to go out with you
or sleep with you. Cases like this have
been prosecuted. It works both
ways.
Keep business and personal life separate especially now that
you're in a position of authority unless you're absolutely sure it's true
unconditional love.
Sexual harassment is generally a civil matter. The way it becomes criminal is through the
general criminal charge of harassment.
Some places have passed anti-stalking legislation which constitutes
harassment.
Harassment is generally defined as fear. If you bother somebody more than twice asking
them out on a date or something like that and they say no, the third time is
generally grounds for arrest because the girl can say she's afraid of you.
Flirting and Sexual Harassment
Flirting is fine if you find someone who likes to play along
but it may be just for the sake of socializing as some people like to talk to
other people even if they don't know them much just for the sake of talking and
it also could be an ego thing.
If somebody gives you or anybody else an ego stroke, it's
amazing how many people are suckers for a compliment. Give the right person a few compliments and
they will immediately like you and want to talk in order to get more
compliments to boost them up a bit.
Flirting could be nothing.
Some people do it by nature to keep them from getting nervous or taking
control of a situation. Good sales
people and real estate agents are natural flirts. It's part of the business to butter a client
up.
The golden rule is don't read anything into flirting unless
you're really, really sure they like you and it's not just a part of their
job. Every waiter/ waitress and every
stripper who work at a place where lots of tips are given are master flirters. They flirt with everyone because they want
big tips, not necessarily because they think you're special although if they're
good, they can make you think that they think you're special.
Watch any good stripper.
She's befriending ten guys a night, trying to make them all think that
she has a special relationship with them.
If taken too far, flirting can get you in trouble. At work, you can be charged with a
sexual-harassment complaint. On the
street, you could be charged with lewd and lascivious behavior or even sexual
assault.
Everybody intuitively knows the basic ground rules of polite
society. Follow them. You can talk to anyone you want about
anything. Just don't don't talk about
sex or crude things. Keep it nice and
g-rated. If the person likes you, they
will let you know simply by continuing to talk to you. If they respond to every statement you make,
that's conversation.
They probably want to talk to you. If you can keep a conversation going with a
total stranger for 2-3 minutes for no reason other than to socialize, that
should be enough rapport to ask for a date without getting hit over the
head.
After all, they are complicit in the act by choosing to talk
to you but remember that some people just talk for the sake of talking. I'm like this sometimes. I talk to total strangers sometimes who want
to talk. It fulfills some need we have
to connect to others here and there just for the simple reason of sharing our
loner realities in our heads for awhile.
If in doubt, don't flirt.
The better looking you are, the more likely that people will
like to flirt with you. There was the
case of one woman who filed a sexual harassment suit against a guy. During the trial, it came out that she
routinely flirted with the good looking guys on staff and made sexually
explicit comments on par with them.
The guy she filed the suit on was a middle-aged, chubby,
ugly guy. She lost the case because her
sexual harassment charge was selective.
She picked one guy that she targeted when the truth was that she engaged
in the same conduct with several other guys.
msnbc.msn.com/id/11258390, not crossing the harassment line.
overlawyered.com/topics/harass.html
overlawyered.com/fear_of_flirting/
wgby.org/edu/flirt/fhmain.html, sexual harassment in
schools.
Sexual
Harassment Websites
Books about sexual harassment are at #305.42, #331.409 or
HD6099 and HQ1237.5 at the library.
adr.org/rules/employment/sexual_harassment_claim_resolution
amacombooks.com, book what every manager needs to know about
sexual harassment.
amcity.com/albany/stories/1999/08/16/focus4
apa.org/monitor/oct99/cf9, sexual harassment in school.
cfif.org/htdocs/freedomline/current/guest_commentary/sexual_harassment_law.html
cs.utk.edu/~bartley/other/9to5.html
ed.gov/offices/ocr/ocrshpam, sexual harassment in school.
ed.gov/pubs/harassment, 800-usa-learn
ed.gov/pubs/harassment/climate1.html, 800-usa-learn
eeoc.gov, u.s.equal employment opportunity commission.
elronsoftware.com
employment-law.freeadvice.com/sexual_harassment
employment-law.freeadvice.com/sexual_harassment
employment-law.freeadvice.com/sexual_harassment/dress_harassment.htm
en.wikipedia.org/wiki/sexual_harassment aauw.org,
800-326-aauw, american assn. of university women educational foundation. info about sexual harassment, etc.
en.wikipedia.org/wiki/street_harassment
eoc.org.uk, equal opportunities commission.
feminist.org/911/harass
gutierrez-preciado.com/memos/romance
hrlawindex.com
igc.apc.org/women/activist/harass.html, activist paper on
harassment.
inform.umd.edu/edres/topic/womensstudies/genderissues/sexualharassment
jobfunctions.bnet.com/whitepaper.aspx?scname=harassment&docid=48441
law. dead website, try
dotdash.com/cs/sexualharassment law. dead website, try
dotdash.com/cs/sexualharassment law.ucla.edu/volokh/harass, legal expert
documents how harassment law (sexual harassment and beyond) violates the first
amendment.
law.mak.ac.ug/sexharpol.doc, sexual harrassment policy and
guidelines.
law.wayne.edu/faculty/fac_web/browne/documents/articles/sex
power&dominance_browne.pdf, psychology of sexual harassment.
law-gender-sexuality.ac.ug/?jc=inhouse_publications, full
text publications.
library.uncg.edu/depts/docs/us/harass.html
library.uncg.edu/depts/docs/us/harass.html
now.org/issues/harass/030206aauwreport.html
resources.org
sexualharass.com
sexualharassmentclass.com all-biz.com/articles/dating
sexualharassmenttraining.biz, online sexual harassment
classes harassmap.org
sexual-harassment-training.ffind.eu.com
shrm.org/hrmagazine/search.html, type in sexual harassment.
tolerance.org
toolkit.cch.com
umich.edu/~eqtynet
usdoj.gov/crt/emp/documents/belencd.htm, belen consent decree.
watchtower.org/library/g/1996/5/22/sexual_harassment_global.htm
wgby.org/edu/flirt/fhmain.html, sexual harassment in
schools.
Equal Employment Opportunity Commission
800-669-4000
800-800-3302 Tty
eeoc.gov
Eeoc Information Line
800-669-3362
eeoc.gov
National Assn. of Working Women
1430 W. Peachtree St.
#610
Atlanta, Ga 30309
404-876-1604
Fax: 404-876-1649
800-522-0925
hotline9to5@igc.org
9to5.org
Generally an advocacy group for women but helps men too in
such work areas as sexual harassment, maternity leave or any job problems in
general. Annual membership fee entitles
you to their database of information.
Working Women's Institute
593 Park Ave.
NYC 10021
212-838-4420
They conduct workshops dealing with sexual harassment and
its prevention and they offer support to victims of sexual harassment and
discrimination.
Canadian
Sexual Harassment Info
Books about sexual harassment are at #305.42, #331.409 or
HD6099 and HQ1237.5 at the library.
In Canada, refer to the
provincial or federal human rights commission.
chrf.ca, human rights.
chrc-ccdp.gc.ca, human rights.
chrc.ca, human rights.
chrc-tcdp.gc.ca, human rights tribunal.
hri.ca
owjn.org/issues/s-harass/guide.htm, sexual harassment,
toronto.
sexualharassmentuniversity.siteblast.com, guide to sexual
harassment in academia; information on dealing with sexual harassment in canada
with particular focus in a university setting.
Sexual
Harassment in Schools
ed.gov/offices/OCR/archives/Harassment/index.html
ed.gov, u.s. department of education, office of civil rights
(ocr), how to file a discrimination or harassment
complaint
ed.gov/about/offices/list/ocr/docs/sexhar01.html, sexual
harassment guidance: harassment of students by school employees, other students
or third parties
ed.gov, report on sexual harassment/ abuse of students by
educators.
aahperd.org, national association for sport and physical
education: sexual harassment in athletic settings
aauw.org, look for articles.
aauw.org/learn/research/upload/completeguide.pdf,
harassment-free hallways: how to stop harassment in the schools
aauw.org/learn/research/upload/hostilehallways.pdf
nwlc.org, national women's law center, do the right thing:
understanding, addressing and preventing sexual harassment in school
sde.ct.gov/sde/lib/sde/pdf/equity/title_ix/studentsfromsexualharassment.pdf,
how to protect students from sexual harassment: a primer for schools
sesamenet.org, sesame (stop educator sexual abuse,
misconduct and exploitation)
thompson.com/public/offerpage.jsp?prod= SINK, educator's
guide to controlling sexual harassment tolerance.org/activity/sexual
-misconduct-effective-policies-and-practices, sexual misconduct: effective
policies and practices
Chapter 4. Conflicts in Love, Life and
Business
Minimize
Conflict
Avoid foolish and senseless controversies, knowing that they
breed quarrels. And
the servant of the Lord must not be quarrelsome, but must
be gentle to all men, an apt teacher, patient, gently instructing his
opponents.
2 Timothy 2:23-25
Do unto others as you would want them to do to you.
The
Golden Rule
When a conflict arises, make the real problem you even if it
isn't. Ask yourself if you're being a
jerk. The best thing to usually do is to shut up. Be over it.
It catches the other guy off-guard.
He doesn't know what to do. He
wants to fight but you deprive him of it.
I'm not a fan or non-fan of the Dalai Lama of Buddhist fame
but I was watching him being interviewed and he amitted that he is not always
calm. He said when he gets angry, he
leaves the situation in his mind. He
tries to shut off the anger by clicking it off in his mind.
Time away even in your mind works. Hold your tongue for that one minute to avoid
saying something unforgiveable. Don't
send an email angry. You can write it
then look at it an hour later and you'll probably delete it.
There was a news story on TV about a bunch of people
quitting work by posting some hateful, negative rant on the internet. I'll bet they all regret what they did. Never burn bridges. Keep your mouth shut. Quit gracefully or quit silently. Just don't say anything.
When I was young and insecure which I define as trying to
find my way in the world, I argued with anyone who started a fight with
me. Nowadays I don't. I have my true identity, I don't have to
prove anything to anybody, I don't care what other people think of me so I
don't argue because I know the outcome will always be that he thinks he's
right, I think I'm right and we both think the other is an asshole. Why bother?
If the boss tells you to do something and you think you have
a better way, say it once then after he rejects it, don't mention it again.
If someone is a jerk, you don't have to argue. Just say you're a jerk because of this, this
and this then shut up and don't say it again.
If he keeps hollering while you say it, write it in a letter, put it in
an envelope then don't give it to him personally. He might tear it up. Just put it on his desk or in the mailbox so
somebody else gives it him.
When you're peaceful and remain so when confronted, you
deprive people of the fight. They wanted
to fight. They hate that but you win by
not fighting back. If they go physical
on you, that's different. You have to
fight back but words and hollering are nothing that can hurt you.
If you're the boss, you always win. If a subordinate argues with you, that's
insubordination, one strike. Three
strikes and they're fired.
If you're the subordinate, state your idea once. When the boss rejects it, it's over.
If you are living a good life, you feel relaxed, you have
nothing to prove to anyone nor do you feel a need to fight or upstage anyone
should a situation develop. To this end,
before you ever get into hostile situations, do some of the following things in
order to feel good about your life and be calm when things happen:
Know yourself.
Discover what your true identity is away from cultural conditioning.
Try to live a relaxed lifestyle. Identify stress in your life and minimize it.
Analyze all the negative thoughts and feelings you
have. Try to understand them then get
rid of them.
Be a positive, upbeat person.
Don't live under any delusions. Be real.
Be on good terms with the people around you. Try to culture allies and friends.
Try to love life and a few people around you.
Try to live a healthy lifestyle.
Be inspired about something in life.
Whenever you're in a hostile conflict, try the following
steps:
The key is to give a little bit and compromise.
Try not to start off with a negative attitude. Don't go in half-cocked looking for a fight
or to unload on someone.
You can't beat around the bush. People can't read minds. You have to approach the other person and
state directly that we have an issue we should try to resolve together. Try to be cooperative.
Identify/ define exactly what the problem is without
criticizing a person.
Try to resolve it being curious and friendly rather than
oppositional. Just say we've got an
issue we should try to solve.
Don't bring the police or a lawyer into it unless personal,
face-to-face measures fail.
Slow down for a second.
Keep your mouth shut while you analyze the situation.
Identity exactly what emotions you're feeling. What is angering you?
Try to listen to the other side and empathize. Put yourself in their position.
When you speak, try to be non-confrontational. Make it such that you're just trying to solve
the problem.
Try to cooperate, to make it a win-win situation.
Be assertive if you feel you must.
Back off if the whole thing is not really a big deal to you.
Try to build bridges rather than destroy them.
Books about conflict management are at #303.69, #658.4 or
HD42 and HM1126 at the library.
Conflict
Info
Any fool can start arguments; the honorable thing is to stay
out of them.
Proverbs 20:3
Don't make friends with people who have hot, violent
tempers
Proverbs 22:24
Most conflicts in relationships never get solved. In failing relationships, they merely add
fuel to the fire. In successful
marriages, they are, for lack of a better term, managed. Each side knows what to do to deal with them,
usually to ignore the small things (the warts) and love their partner despite
them.
Don't try to fix the unfixable. Don't try to change your partner. Don't try to solve every conflict. Accept some as is and learn to live with them
like him with his smelly feet and her with her perpetual tardiness. If you really love him or her, you would
accept it and move on rather than pouting on in a state of angry stalemate.
My preference in love is a quiet, nice girl someone like me,
a quiet guy who doesn't like to argue about anything simply because I don't
give a damn about too much anyway except to live a full life everyday and all
trivial things are meaningless to me so firstly, I'd pick the right girl
upgfront, a quiet, spiritual one who wouldn't want to argue with me just like I
wouldn't want to argue with her and secondly, I rarely argue with anyone
because my philosophy is that life is too short, live in a flow, don't let
negative vibes from anywhere get in no matter what.
If you have a beef, don't go charging in half-cocked. Bring it up smoothly, gently, gracefully,
tactfully. Wait awhile. Let it fume inside to see how trivial it
really is in the grand scheme of things.
From the opposite point of view, if your spouse comes onto
you with a conflict like you don't pay attention to her, your immediate
response is often defensive saying
"Yes I am, I'm always here" even if you're emotionally
not. Instead of the usual defensive
stance, stop and say "OK baby, maybe I'm not always here but I'm busy, I
got problems, I gotta earn a living" and from there talk about it.
The simplest rule about life is you get back the vibes you
put out: positive begets positive; negative begets negative. When you put out a positive vibe in response
to a conflict, you get a positive response back.
De-escalate serious things with humor. Stay calm.
In the middle of an argument, slow down, take a break, leave, get a
drink, wash your face, walk around the block, anything to diffuse the
tension.
Learn to compromise and accept your partner with their warts
or leave. If you have to fight, do it
fairly in a rational manner. Be less
critical and more considerate. Think
about what you're gonna say before you say it.
The way to diffuse conflicts is to all of a sudden get
gentle instead of angry and either forget about it or talk it through quietly
with calm and logic.
Never criticize, blame, complain, control or get
defensive. Use compliments instead and
you will marvel at how much a little bit of love brings back to you. Saying hurtful things are usually a
subconscious way to get back at your lover for past injury.
The way to stop anyone cold is to detach from your ego, act
like you don't give a damn about holding your own, getting the better of this
person or letting them get the better of you.
Simply smile to yourself, realize it's meaningless in the grand scheme
of life and stop the fight right there.
They will see that you're ignoring them and get the message
quick enough that you're not really interested in the fight and you're going on
with your happy life.
Hold your tongue, be patient, let them ventilate, then,
because you're so calm, they will see what idiots they're being. Virtually all fights come from the same
thing, you're not loving me enough lately.
The cardinal rule of all fights is not to go past the point of no
return.
If you don't, the love can always be restored. If you say the meanest, unforgivable thing
you can, you will break something inside that will be lost forever so hold your
tongue, show restraint.
The bottom line is that you don't have to fight, just live
for peace like Jesus did. Ain't nothing
nothing but a stupid, little thing in the grand scheme of things. Can you be that free to just keep going with
a smile on your face and let everything roll off your back?
The best way to counter an angry spouse is to do something
for her. The easiest thing is to buy a
gift, the second easiest is to do some housework or humble yourself and offer
her a foot massage.
Some fights are tests of love. Think of them as that. The wisest person recognizes that his spouse
needs love most when she's being an idiot.
Think of a difficult partner as a porcupine that needs a big hug. Plant that image in your mind and live it
whenever the going gets tough. It really
works.
When your partner gets crabby, that's the time for you to
put on the super soft pads and bomb with love.
It's all about ventilation, letting your partner get the hurt off his or
her chest. Deal with issues directly and
always try to be light and humorous about a serious scuffle.
Never get sarcastic.
Think before you open your mouth.
Be civil in voice intensity, don't shout. Have the guts to apologize and/ or call a
truce. There are many ways to call a
truce, all of them about swallowing your ego and humbling yourself.
The best way is to find a good CD at a music store that
summarizes your feelings and give it to her.
Ask the clerk or call a radio station and ask for a song that says,
"I'm sorry for being a jerk"
but if you do this too much, it will wear off as I saw in the John
Denver biography movie where he brought his wife a new song he wrote for her
after their umpteenth fight and she said it wouldn't work anymore whereupon she
divorced him.
The one thing I've found about life is that tone of voice is
everything. If you talk gently,
regardless of what you say, you diffuse almost every situation.
Conflict, I believe, is a natural part of a love
relationship because, despite the good that the love is doing for you, on the
other hand, it is inevitably taking something away from your own personal
identity and freedom.
Whether subconsciously or on the surface, this little bit of
tension is always there (at least among couples together less than 20 years)
and should be acknowledged and addressed.
Call it the Power Play, the tension you two have when jostling for
position with each other. There will
inevitably be some tension between you which you probably choose to repress.
Look at conflict as a necessary release of tension or safety
valve that if left unchecked will explode.
Simply ask your lover at the end of the day how the day went then kiss
her and cuddle her. Try to get it all
out, not just a surface fight over who left the stove on but what's really
going on underneath it all.
Oftentimes, little arguments are convenient scapegoats for
bigger problems underneath such as a nag always nagging is probably unfulfilled
as a human being and insecure in the relationship so she tries to get control
by nagging.
Or if your girlfriend has a bad habit like smoking and she
blows smoke in your face when she gets mad and you ignore her smoking until you
get mad then criticize her for it.
Tension should be dealt with to clear the air. If left unchecked, it could blow up into bad
fights. Don't get defensive and dump all
your baggage out on your partner.
Listen, then try to get to the root of the problem. If left to simmer, it causes headaches,
anxiety and disrupts everything else in your life.
You may turn to addiction, any form from shopping to drugs
to numb the emptiness it leaves inside you.
It may get so bad, you might try professional help but I believe that
people should solve their own problems except in extreme cases. Get it out, solve it immediately through talk
and understanding.
Invariably, the root cause to virtually every fight is
resistance breeds resistance. The
egocentric part in each of us tells us not to let anyone get the better of
us. And somehow this translates to the
ones we love, maybe because we're stuck so close in living proximity that we
get on each other's nerves from time to time.
Say, for example, you make a mess, your wife nags you about
it but you had a bad day so you say to yourself screw her and leave it.
She nags you again.
You get up, wash the dishes purposely leaving them dirty to spite
her. She sees this and gets mad, washing
her own clothes in the laundry and leaving yours in a pile to smoulder.
You see that as a deliberate act so you retaliate by letting
the dog into the bedroom all over the bed which she absolutely despises. Then you ignore each other and pretend to
sleep while seething on each side of the bed.
Make it a point to stop yourself before your counterattack
to her attack. When a conflict starts,
automatically be extra nice to her right then, talk about it in a cool,
rational manner and resolve it with some kind of mutual agreement. It's called the art of the deal.
Don't get into overexplaining and overanalysis too
much. Be mature, cut it off, stop the
cycle, make the first step towards reconciliation.
Ultimately, we're all individuals stuck in our own point of
views made up of everything that ever happened to us which formed our attitudes
and perceptions about the world.
We're all a tangled web of emotions. A relationship is a coming together of two
tangled webs of emotions. Some parts
fit, some don't.
The parts that fit may lead to a snug connection, the parts
that don't could short circuit and self-destruct. My point in all this is that we are all
individual entities floating around like blobs of flesh each encumbered in his
own space and the reality is that no two blobs are exactly alike. It's just one of the facts of life.
No matter how close one gets to another, there's always the
rift of individual differences. These
can be dangerous, serious enough to destroy relationships.
As a relationship evolves, the similarities fade and the
differences may be highlighted. This
could lead to feelings of alienation when one realizes that the other is really
not like him or her.
The best we can do is acknowledge in our minds that we are
different, we come from different places so we must except and accept such
things in our mates without going off half cocked feeling like strangers when
we learn she didn't partake in the middle class ritual of summer camps like you
did or some other ridiculous thing like that such as you like baseball, she
thinks it's stupid.
Every single day is a new day. Just as it's a battle to keep your spark of
inspiration alive, it's a battle to keep love hot all the time. I just be myself and try to be nice all the
time. It's the easiest way to live.
When you're nice, karma comes back to you. No gimmicks, no big presents to buy her love,
try to be nice to her, getting her things from the kitchen when she's sitting
down and every night, sit beside her, talk to her and kiss her because you love
her.
Conflict
at Work
Within any group of people anywhere including the workplace,
some people will naturally dislike some of the others, some will be naturally attracted to others and form cliques
while others will be loners who keep mostly to themselves or equal opportunity
friends who try to be friends with everybody but have no allegiances to
anybody.
I'm partial to the last type, I try to be friends with
everybody because I will never know when I need somebody's help. I don't like to join small in-groups because
that stigmatizes you and usually alienates you from other groups.
You always need little favors at work so the more people
you're allied with, the better off you will be.
Make a conscious effort to culture all the allies you can wherever you
are.
Conflicts will happen simply because people are different
and often don't particularly like people who are not like them. The best thing a company can do is to promote
a live and let live policy, i.e. tolerance.
Negative people like to blame, instigate fights and hold
grudges. In general, regardless of the
source of the conflict, try to resolve it quickly before it gets out of
hand. Be a good listener. Get both sides of the issue.
There is usually one asshole who starts something. Don't pull any punches. If one guy was being an asshole, give it to
him, punish him, fire him if you have to.
Don't play the liberal role of trying to smooth things over
for everyone because this doesn't solve anything.
Granted, some situations have no clear villain but most
usually have one clear jerk and the victim.
Promoting cooperation or separating the two might work in some
situations but if you have a person who's a jerk by personality, why bother
trying to work with him. Tell him he's a
"Disruptive Force" and show him the door.
With minor conflicts involving good people, focus on the
problem, not the person.
Try to minimize conflicts by creating a relaxed workplace
without much stress in the first place.
Barring that, always search for the objective truth in any
situation. Clarify exactly what the
issue is.
Try to stay out of some conflicts. Encourage employees to solve their little
problems amongst each other themselves but if the problem is severe, encourage
them to come to you, the boss, for help since that's your job anyway, to help
keep production running smoothly.
When trying to mediate a situation, try to be
objective. Treat everyone with respect
and professionalism but look for the objective truth.
Every situation is different. Be intuitive in how you deal with it.
In some cases, it's best just to back off, let the players
cool off then go on without resolving anything.
In time, everybody will conveniently forget about it.
Clear channels of communication is essential for a happy
workplace. Encourage frustrated, unhappy
workers to tell you what's going on. Try
to relate and empathize with them. Stay
calm and try to keep them calm.
Do not fight anger with anger. Tell him to cool off for five minutes then
try again. Try to be relaxed and not
confronting because confrontation is usually met with resistance. Simply say you're not taking sides, you just
want to get to the truth and keep repeating it.
Avoid the little in-groups that keep to themselves, separate
themselves from the mainstream group and gossip about them.
Make your identity at work be that of the sociable one
friendly with everyone but with a part of you that no one can penetrate because
you're too strong for all of them with their trivial gossip office politics
crap.
Play it as kind of the person on the outside looking in,
checking it out but with your own identity away from work.
In the workplace you have different jobs, the secretaries,
the managers, sales, accounting, production, transport, etc.
Within these groups, there may be squabbles among cliques
like the blue collar drinking types versus the corny conservatives and every
individual thinking about where he is in the pecking order especially if you're
ranked in your PERs.
Beyond this inner-group jostling for position and
squabbling, every group is generally united against the other groups meaning
your loyalty is to your own group first over anyone else and sometimes your
group might even fight or openly hate other groups.
The biggest strength at work or conversely, the biggest
problem is people. It's always about
people, the way they relate to each other.
There are no easy answers. People
are naturally tribal, they stick to their own kind and shut out the rest in a
kind of us against them attitude.
This is human nature.
You have to deal with it. Your
best bet is to acknowledge these tribes exist and identify them in your
workplace. The trick is not to eliminate
them because you can't but to actively encourage everybody to get along with
each other and at the very least, to tolerate each other.
Either put up posters or make occasional speeches about
brotherly love, multi-culturalism and things like that, especially after
there's some kind of squabble.
Try to encourage teamwork and common respect for your fellow
man. Tell them they don't have to love
each other, just work together as a team while they're at work.
If one tribe goes off too far on their own alienating
themselves from the rest of the organization, that may be alright provided they
get the job done but if you need them as part of the main group, you either
have to fire the leaders or reassign them to other different tribes in the
organization and put a few equal opportunity friends in with them to break them
up. Don't force phony social relations,
just encourage common respect and teamwork.
The head guy of a big worldwide delivery company said he
changes everybody every year or so. He
either puts them in a different job, with a different group or on a different
shift.
In essence, some basic guidelines on how to promote a
healthy workplace are:
Encourage a teamwork atmosphere.
Stimulate people to be interested in their work but not
overworked.
A good way to get different groups to get along is to just
put some of them together to work on a project or encourage them to brainstorm
about making their two departments work better together or something like that.
Try to get people from different groups to work together
physically in the same area if at all possible.
Don't just segment them off into separate units so they barely see each
other.
As with people anywhere, the more they get close to each
other to talk and get to know each other, the more civil, friendly and helpful
they will be to each other.
Give each person physical space. Don't stand too close to someone ventilating
his frustrations.
Don't give off a challenging stance. Don't point your finger or cross your
arms. Don't glare or stare.
Ask the person how he thinks the conflict should be resolved.
If an individual is putting everybody and everything down,
ask for specifics.
Be reassuring. Your job is to calm people down in the
moment.
Do not make promises you cannot keep.
Books about conflict management are at #303.69, #658.4 or
HD42 and HM1126 at the library.
Conflict
Resolution Websites
Spouses and families fight and people in business
fight. Here are some websites to help
you resolve conflicts.
acrnet.org, acresolution.org,
the association for conflict resolution.
crinfo.org, conflict resolution gateway.
accri.org, correspondence course on conflict resolution.
acresolution.org, association for conflict resolution.
business-marketing.com/store/conflict.html, conflict
management training videos, dvds, books, workshops, seminars.
campus-adr.org, campus conflict resolution resources.
ccrcmediation.com, chesapeake conflict resolution center.
ccrweb.ccr.uct.ac.za, centre for conflict resolution.
cheetahpm.com
cicr-icrc.ca, canadian institute for conflict resolution.
conflict.colorado.edu
conflictresearch.org conflictresolution.com
conflict-resolution.org, center for conflict resolution at
salisbury university.
conflictresolution.org/primer/enter.htm
conflictresolution.pdx.edu, the conflict resolution graduate
program.
conflictresolutionblog.com
conflictresolutionusa.com/conflict_resolution.htm
consensus.fsu.edu, florida conflict resolution consortium.
cooperativecoach.com
crcvt.org, conflict resolution catalysts.
crinfo.org, the conflict resolution information source.
crnhq.org, conflict resolution network.
defyingrightandwrong.com, learn conflict resolution skills.
ecr.gov, u.s. institute for environmental conflict
resolution.
effectiveexecutivecoaching.com
en.wikipedia.org/wiki/conflict_resolution
en.wikipedia.org/wiki/journal_of_conflict_resolution
fambizadvice.com, national center for family business.
gridinternational.com, conflict resolution training
seminars.
hewlett.org/archives/conflictresolution
hispeace.org/html/church_respond.htm, peacemaking in the
church, responding to church conflict.
humanresources. dead website, try
dotdash.com/od/managementtips/a/conflict_solue.htm
incore.ulst.ac.uk, degree program in conflict resolution.
jstor.org/journals/07314086.html
learningcenter.net/trust/
library.gmu.edu/resources/socsci/conflict.html
mediate.com
national crime prevention council, conflict resolution.
nccre.org, national center for conflict resolution
education.
ncpc.org/topics/conflict_resolution/index.php, nicr.ca, the
network, interaction for conflict resolution, canada.
padco.aecom.com/marketsandservices/38/58/index.jsp
peaceplease.com, peace products like t-shirts.
pei.sympatico.ca/conflictres
safeyouth.org/scripts/teens/conflict.asp
studygs.net/conflres.htm, cooperative conflict resolution.
thecampergroup.com/conflict-resolution.html, workplace
conflict resolution management training.
trainingabc.com, workplace conflict resolution videos.
trinstitute.org/ojpcr, journal of peace and conflict
resolution.
w1.312.telia.com/~u31205597/
weinholds.org/marriagecounselingpsychotherapyintensives.htm,
colorado institute for conflict resolution and creative leadership.
work911.com/conflict
Association for Conflict Resolution
1015 18th Street NW, Suite 1150
Washington, DC 20036
(202) 464-9700
acrnet.org
Fighting
in Relationships Websites/ Argument Websites
spatclash.com, the next time you have an argument, let
people vote about who was right.
queendom.com/articles/love/arguing_intro.html
aclu.org/getequal/ffm,
fighting for marriage.
andrea-sheehy.com/fair-fighting.htm
burrelstreetwise.com/streetwise-conflict-tips1.php
buzzle.com/editorials/11-29-2005-82616.asp
chinesefortunecalendar.com/mixrelationship.htm
community.lifehack.org/story/20051222/article/how_to_stop_the_fighting_in_your_relationships
elizabethmapstone.com/wow/
en.wikipedia.org/wiki/logical_argument
enhancedhealing.com/articles/view.php?article=189
ezinearticles.com/?love,
-relationships-and-sacred-love--fighting-off-the-gremlins-that-shorten-relationships
=323405
familyfight.com
fishbowl.pastiche.org/2004/03/21/charles_rules_of_argument
fortuneangel.com/allrelationships.htm
health.yahoo.com/topic/relationships
healthduo.com/how-to-stop-the-a7178.html
lifehacker.com/software/relationships
lifestyle.msn.com/relationships/default.aspx
lonniebest.com/arguing/
marriage.
dead website, try dotdash.com/cs/conflictandanger/ht/fightfair.htm
positiveconflicts.com
powa.org/argument/
queendom.com/arguing_style.html
queendom.com/tests/relationships/arguing_style_r_access.html
relationshipdata.info/25135.php
relationship-helps-and-advice.com/fightingfair.html
relationships.com.au/advice/fair_fighting.asp
utexas.edu/student/cmhc/booklets/fighting/fighting.html
Chapter 5. Alternative Dispute Resolution
Conflict
Resolution at Home and in Business
Spouses and families fight and people in business fight. Here are some
websites to help you resolve
conflicts. The key is to give a little
bit and compromise.
Try not to start off with a negative attitude. Don't go in half-cocked looking for a fight
or to unload on someone.
You can't beat around the bush. People can't read minds. You have to approach the other person and
state directly that we have an issue we should try to resolve together. Try to be cooperative.
Identify/ define exactly what the problem is without
criticizing a person.
Try to resolve it being curious and friendly rather than
oppositional. Just say we've got an
issue we should try to solve.
Don't bring the police or a lawyer into it unless personal,
face-to-face measures fail.
acrnet.org, acresolution.org, the association for conflict
resolution.
accri.org, correspondence course on conflict resolution.
acresolution.org, association for conflict resolution.
business-marketing.com/store/conflict.html, conflict management
training videos, dvds, books, workshops, seminars.
campus-adr.org, campus conflict resolution resources.
ccrcmediation.com, chesapeake conflict resolution center.
ccrweb.ccr.uct.ac.za, centre for conflict resolution.
cheetahpm.com
cicr-icrc.ca, canadian institute for conflict resolution.
conflict.colorado.edu
conflictresearch.org conflictresolution.com
conflict-resolution.org, center for conflict resolution at
salisbury university.
conflictresolution.org/primer/enter.htm
conflictresolution.pdx.edu, the conflict resolution graduate
program.
conflictresolutionblog.com
conflictresolutionusa.com/conflict_resolution.htm
consensus.fsu.edu, florida conflict resolution consortium.
cooperativecoach.com
crcvt.org, conflict resolution catalysts.
crinfo.org, the conflict resolution information source.
crnhq.org, conflict resolution network.
defyingrightandwrong.com, learn conflict resolution skills.
ecr.gov, u.s. institute for environmental conflict
resolution.
effectiveexecutivecoaching.com
en.wikipedia.org/wiki/conflict_resolution
en.wikipedia.org/wiki/journal_of_conflict_resolution
fambizadvice.com, national center for family business.
gridinternational.com, conflict resolution training
seminars.
hewlett.org/archives/conflictresolution
hispeace.org/html/church_respond.htm, peacemaking in the
church, responding to church conflict.
humanresources. dead website, try
dotdash.com/od/managementtips/a/conflict_solue.htm
incore.ulst.ac.uk, degree program in conflict resolution.
jstor.org/journals/07314086.html
learningcenter.net/trust/
library.gmu.edu/resources/socsci/conflict.html
mediate.com
nccre.org, national center for conflict resolution
education.
ncpc.org/topics/conflict_resolution/index.php, nicr.ca, the
network, interaction for conflict resolution, canada.
padco.aecom.com/marketsandservices/38/58/index.jsp
peaceplease.com, peace products like t-shirts.
pei.sympatico.ca/conflictres
safeyouth.org/scripts/teens/conflict.asp
studygs.net/conflres.htm, cooperative conflict resolution.
thecampergroup.com/conflict-resolution.html, workplace
conflict resolution - management training.
trainingabc.com, workplace conflict resolution videos.
trinstitute.org/ojpcr, journal of peace and conflict
resolution.
weinholds.org/marriagecounselingpsychotherapyintensives.htm,
colorado institute for conflict resolution and creative leadership.
work911.com/conflict
Mediation
and Arbitration at Work
If you're in an employee-employer employment dispute for
breach of contract, unjust termination or any other matter, rather
than go through the courts, you can go through mediation or
arbitration.
In mediation, the mediator is a neutral third party. In collaborative law, it's just the two sides
talking it out with no third party present.
Mediation and collaborative law are generally agreed to by
both sides together.
In arbitration, the arbitrator makes the final decision just
like a judge does.
The mediator could be a lawyer or a professional in the
social work/ counseling field. It is
much cheaper than using lawyers and lawyers don't particularly like it.
Mediation at Work Websites
mediationworks.com/mti, mediationworks - resources for
managing workplace conflict
adrforum.com, national arbitration forum, useful information
on employment arbitration
transformativemediation.org
acjnet.org, access to justice ntwork.
afccnet.org, assn. of family and conciliatory courts.
collaborativedivorce.homestead.com/faqs.html
divorceasfriends.com
mediation.com
mediatorindex.com
mediationworks.com, mediation training institute.
nicr.ca, network: interaction for conflict resolution
canada.
nocourt.org/principles.htm, collaborative law.
spidr.org, society of professionals in dispute resolution.
American Arbitration Assn.
335 Madison Ave.
Nyc 10017-4605
212-716-5870
Fax: 212-716-5905
800-778-7879
Fax: 877-info-aaa
adr.org
National headquarters of this nonprofit organization with 37
regional offices. Divorce mediators
available.
Association for Conflict Resolution
1015 18th St., NW
#1150 Washington, DC 20036
202-464-9700
acrnet.org
Assn. of Conflict Resolution
1527 New Hampshire Ave. Nw
Washington, Dc 20036
202-667-9700
mediate.com
Alternative
Dispute Resolution/ ADR
Instead of going to court on a civil matter like a divorce,
a business disagreement, a consumer problem, a
landlord-tenant issues, etc., you might be able to resolve a civil
problem or dispute by simply talking to the complainant or you may both agree
to a formal proceeding commonly called an Alternative Dispute Resolution/ ADR.
These kinds of legal processes can be used in almost all
kinds of civil cases including employment, business dispute, family, divorce,
neighbors, landlord-tenant, consumer, personal injury, home improvement
services and contracts.
There are several different types of ADRs. The spirit of all of them is that the two
sides sit together with a neutral third party who will either act as the
referee or the judge, depending on the type of ADR the players choose.
In order for there to be an ADR as opposed to a court case,
both sides have to be open and friendly enough to agree to this arrangement and
agree to bide by the results. They are
still adversarial but willing to give a little bit more than in a court
case.
Depending on the laws in your area geographically and in the
subject area of your dispute, there could be provisions in the law that allow
you to choose ADR instead of a regular court case or you could operate
independently of the court system if you want.
Before you file a lawsuit, ask the other side if they would
be willing to go through an ADR process rather than go to court over it.
The biggest advantages of ADR over litigation are:
Speed of resolution.
Cheaper costs, no lawyers getting high fees for an extended
period of time.
With ADR, if it breaks down or you don't like the way it's
going, you can always revert back to the court trial process if you want.
The general procedure is as follows:
Both sides agree to an ADR process.
The two sides write an agreement where they agree on the
time, the duration of the process and who, if anyone, will make the final
decision.
Sometimes, but not all, each side will write up their
version of events to give to the arbitrator/ mediator.
There will have to be an agreement to how the arbitrator
will be paid and possibly a constraint on time.
Both sides could agree that the process will go on regardless of time
constraints or agree to x number of hours for the process then that will be it.
either they or the arbitrator will have
to make a decision after that.
On the day of the meeting, each side will come in, the
moderator will explain the case briefly by defining the exact issue at hand
then give each side a chance to make their presentation.
After this, they will discuss, argue and negotiate until
either they reach a mutual decision or if they can't, the moderator will say he
has heard enough and goes off to deliberate about his decision. This could take several days.
The moderator's skill is in being neutral while being civil
and friendly to both sides. His job is
to help each see the other side, to prevent them from fighting and keeping a
level head so that both sides stay to work through it.
He can inject his ideas about how the two parties should
resolve the issue at hand.
The moderator has the option to talk to each side in private
if he wants in order to help him resolve the issue at hand.
If one of the sides doesn't like the way the proceeding is
going, they can cut it off before the final decision and revert back to the
court litigation process.
In big cases, several people sit on a board of arbitrators
or mediators and hear a case as a team.
Think of the moderator as a judge, referee, teacher and
ideas person. Think of ADR as good faith
bargaining.
Negotiation
The simplest type of ADR is a Negotiation Process. Both sides try to work it out. They try to hammer out a deal together by
talking it out while a third party tries to help them with general advice. You have to give a little bit and compromise.
Each side states its terms then you discuss them anywhere
from a few minutes to several days and end up with an agreement.
Mediation
Mediation is a good faith process with both sides presumably
entering into it to come to a fair settlement.
If one side is in stronger or bullying position, mediation is no
good. If one side wants punitive
damages, the issue has to be resolved in a court of law.
The mediator must be someone who does not have an emotional
or financial stake in the outcome.
Mediators should be professionals who don't know the players
involved.
The mediator's job is to sit with the players and try to
keep them calm and cordial while you all work on solving the problem you're
working on.
A mediator schedules a meeting at a time and place
convenient to everyone. He wants them
all to feel they can speak openly and makes it clear that his job is to get to
the bottom of the problem.
The mediator gives the players turns explaining their
position, issues or feelings. Make a
rule that they are not to be interrupted while speaking.
Have someone take notes.
Encourage questions by the other side after one side has
spoken. Periodically, with a complicated
point, have the note-taker read back what someone said such that the person can
either confirm or clarify it.
Invite everyone to offer their own solutions. Discuss these possible solutions. Try to come to a solution that everyone can
accept. It will usually be a compromise,
each side giving a little bit.
The ideal is to let the people experiencing the conflict
decide on a solution among themselves without input from the mediator. If they
can't, then the mediator has to make that decision for them. Tell them that you would rather that they
come to an agreement amongst themselves rather than you making it for them.
Once you reach a solution, tell them you'll put it into
practice for a week or two then call another meeting to discuss it and make
adjustments if necessary.
The mediator is more a moderator than a judge. He's controlling the flow of discussion
betwwen the two parties. His job is to
keep them talking until they come to a decision together.
If the talks break down, they can choose to go back to court
to settle the problem. The proceedings are
informal and although you can bring a lawyer, it doesn't seem appropriate
because of the good faith nature of the process.
Arbitration
Arbitration is a process wherein if you have a beef against
anyone regardless of whether it's business, a landlord-tenant dispute or any
civil manner, you can take it to arbitration rather than to a court where an
arbiter, who is less stringent than a judge, will hear your case and the
decision he or she makes will be legally binding.
The advantages of arbitration are generally less formality
than a court trial, less expensive and less time consuming. The difference between arbitration and
mediation is that in arbitration, the arbiter generally makes the final
judgment whereas in mediation, the mediator tries to get the parties involved
to reach some kind of agreement amongst themselves.
The tendency of alternative dispute resolutions is that the
arbitrator will typically try to satisfy both parties and split the case down
the middle rather than a court case which usually ends up with a winner and a
loser.
Both sides agree that the arbitrator, a neutral third party
will make the final decision that will
be legally binding.
This process is more formal than mediation and both sides
can bring evidence and witnesses in and also use lawyers in the process.
This sounds a lot like regular trial but it differs in that
the arbitrator is much more flexible about not having to follow the procedure
of law and can use evidence not normally accepted in a court of law like
hearsay. After the hearing, the
arbitrator deliberates and delivers a written decision within 30 days and
that's it. There's no magic verdict
moment, it's a piece of paper. The
decision of a binding arbitration is final and you can't appeal it.
Also, you can't use a jury as in a regular trial.
Summary
Both mediation and arbitration are private unlike public
courtroom trials.
There are Alternative Dispute Resolution Centers all across
the country. Check the Yellow Pages of
the phone book under the following categories:
Alternative Dispute Resolution.
Arbitration.
Mediation Service.
Also, refer to your local Better Business Bureau which does
a lot of arbitration and mediation work in consumer affairs between customers
and business owners.
They also help a lot of unhappy car owners get satisfaction
from the dealers. In the final analysis,
if you think it's a viable option in your case, consider mediation/ arbitration
in lieu of a court trial.
There are books about ADR at #347.710-740 and KE8615 or
KF9084 at the library.
ADR
Websites
Contact one of the following organizations or the trade
organization in the area you're disputing:
adr.org, american arbitration assn.
bcicac.com
cdrc.com
cedr.co.uk, center for dispute resolution.
clicknsettle.com
conflictresolution.org
cpradr.org, cpr institute for dispute resolution.
cybersettle.com
cybertribunal.org, arbitration.
disputes.org, list of adr business who settle disputes.
iahl.org, international alliance of holistic lawyers.
igc.org, conflict net.
institutefornonviolence.com.aum world institute for
nonviolence and reconciliation.
internetneutral.com
jurisint.org/pub/03/en/index, arbitration and mediation
world.
mediate.com
mediation.org, academy of family mediators.
mediations.com
no-faultadr.org, new york.
ombuds.com, arbitration for copright law.
onlinemediators.com
spidr.org, society of professionals in dispute resolution
theelectriccourthouse.com
vmag.law.vill.edu, virtual magistrate, online arbitration.
American Bar Assn.
Standing Committee On Dispute Resolution
740 15th St. Nw
Washington, Dc 20009
202-662-1680
abanet.org/publiced
Will help you find a resolution program to deal with a
consumer problem.
Better Business Bureau
4200 Wilson Blvd.
#800
Arlington, Va 22203
703-276-0100
800-334-2406
bbb.org
Endispute Mediation Organization
800-35205267
800-400-3773
jams-enddispute.com
National Arbitration Forum
800-474-2371
arb-forum.org
National Institute For Dispute Resolution
1901 L St. Nw
#600
Washington, Dc 20036
202-862-0100
202-466-4764
crenet.org
Public Investors Arbitration Bar Assn. Norman, Ok
888-621-7484
404-365-0150
piaba.org
Will recommend a lawyer for arbitration.
Remodelling Contractors Assn.
1 Regency Dr.
Bloomfield, Ct 06002
203-242-6823
Society of Professionals In Dispute Resolution
815 15th St. Nw
#530
Washington, Dc 20005
202-783-7277
Mediation
Organizations In Canada
afcnet.org, assn. of family and conciliatory courts.
amic.org, arbitration and mediation institute canada.
attorneygeneral.jus.gov.on.ca/html/family/familymediation.htm,
ontario mandatory mediation program.
canada2.justice.gc.ca
ccmediation.com, canadian center on mediation.
cle.bc.ca/cle/analysis/collection, collaborative law.
dispute.resolution.uvic.ca
disputes.org/eresolution.ca, canada.
mediation.com
mediation-services.ca
mediationworks.com, mediation training institute.
nicr.ca, network: interaction for conflict resolution
canada.
nicu.ca
Arbitration and Mediation Institute of Canada
232 - 329 March Rd.
Box 11
Kanata, On K2k 2e1
877-475-4353
613-599-0878
Fax: 613-599-7027
amic@igs.net
amic.org
Canadian Bar Assn.
Task Force on ADR
902-50 O'Connor St.
Ottawa, On K1p 6l2
800-267-8860
613-237-2925
613-237-1988
Fax: 613-237-0185
info@cba.org
cba.org
Contact them for a referral to a mediation program in your
area.
Center for Mediation
2300 Yonge St.
#709
Toronto, ON M4P 1E4
416 544 0633
Fax: 416 544 0631
Family Mediation Canada
123 Wallich St.
2nd Fl.
Guelph, On N1h 3b1
519-836-7750
Fax: 519-836-7204
fmc@web.net
fmc.ca
Chapter 6. Crime at Work
Commercial/
Financial/ White Collar Crime
Financial Crime is any white collar crime where somebody
steals money by shuffling papers and computer bytes around. Money
laundering, computer theft, forgery and ambezzlement are quite
popular.
Commercial criminals, corporate raiders could be either or
all of the following in a publicly traded corporation; CEO, executives,
shareholders with 5+ % of the shares, new CEO brought in to restructure the
company, large investment companies, money manager of mutual fund, retirement
fund, etc., anyone that has a large stake in the corporation.
Basically, the trend is that one or several of the players
get together and decide that the particular corporation is a cash cow ripe for
the pickings.
It could be a corporation that's doing great or a fledging
one, it doesn't really matter. What
matters is that the players can manipulate the situation such that stock rises
in the short term very quickly, within 18 months then they cash in their stocks/ stock options,
make their killing and get out either leaving a bankrupt company, merged
company or company that basically exists on paper and is dead in the water.
Typically, one of the players such as a new CEO will try to
get hype in the media by quickly firing a bunch of employees, selling off some
divisions, moving some of the operations to Mexico, creating new product lines,
etc., in an effort to give off the impression that they're restructuring and
getting aggressive so that the stock value rises but the point is that all they
care about is the value of the stock not about the growth of the corporation
itself such that they're basically plundering the corporation, taking their
profit and getting out.
Watch out for hype about corporate restructuring or a
merger. It may be a good thing but it
may be just a short term gain before the stock crashes. In any event, although good for the guys at
the top, corporate raiding is deadly for the employees and other people
involved with the corporation.
Nowadays, you got a host of companies being found out for
shoddy accounting practices and all kinds of other indiscretions. The truth is that these commercial crimes
generally steal way more than your average bank heist but up until recently the
penalties have been far less.
I hope the government holds true to its promise to throw all
people in the financial investing industry and corporate executives who steal/
extort money in jail for a long, long time, at least ten years, to get the
message out that you don't mess with other people's money regardless of where
it is, either a corner store hold-up or the guy in the office messing with the
computer.
Money in fines is not enough punishment because there's no
incentive not to do it again if the punishment is just money and the risk of
getting caught is still relatively low.
Major media doesn't like to cover commercial crime in their
news reports because they're kinfolk with these corporate criminals. They'd rather do a story on the poor black
guy who stole a car then went on a rampage in a police chase.
Collusion is a dirty little secret of Wall Street. The boys in the backroom are all scratching
each other's backs, even the media guys are hanging out with CEOs and reporting
favorably on their companies in return for a favor.
There are even politicians "owned" by Wall
Street. They vote on bills for Wall
Street over more protection for the people.
Beyond collusion, creative accounting to puff up the
company's book is big. I read a book by
Arthur Levitt, a former SEC Chairman, who detailed a lot of these techniques.
If a CEO gets to pick his own board of directors then
they're all in bed together. In order to
run an ethical company, the CEO must be independent from the board. They should feel free to oppose him. They should be independent in order to watch
each other for possible wrong doing or poor work in general.
We need more ethical journalists covering corporate crime
and more police investigators on the trail of corporate crime. Commercial crimes also span:
Environmental crimes.
Occupational health and safety.
Deceptive advertising.
Misrepresenting the product.
Fraud in the product like selling a concoction as pure
orange juice.
Consumer safety issues.
Making deals with politicians for favor.
Bribing government officials to look the other way like
inspectors.
Price fixing.
Monopolizing the market.
Healthcare companies denying claims unjustly.
Insurance companies denying claims unjustly.
Fraudulent bankruptcy.
Beyond actual crimes, the corporations employ many lobbyists
in grey areas to preserve their interests not to mention how much money they
contribute to "friendly" politicians.
They also use other questionable tactics like:
Silence opposing big mouths by any means possible.
Set up front groups to advance their interests while posing
as concerned citizens.
Get rid of aggressive, ethical journalists through the buddy
network between corporations.
Corporations own the media so they can report what they
want.
The current "successful" journalists hosting their
own shows are the pro-corporate mouthpieces who openly support the
corporatization of the world.
Libel laws make it tough for ethical people to want to
report something lest they be sued. Even
if it's the truth, they're still sued and end up wasting away in court.
Are the superstores that open in some areas doing the right
thing by trashing all the mom and pop businesses by their presence?
Those with the power reward those who serve it and trash
those who undermine it even when the latter are ethically right.
Corporations now have their logos plastered in some museums
for giving them endorsements.
Several years ago I didn't know why all those people were
protesting whenever there was a meeting of world leaders anywhere.
It's because at heart, the political and corporate forces of
the world want to make everything into one big homogenous corporate country,
the New World Order, controlled by them and whatever they say goes.
We the little guys either get in line and play the game or
be branded as outsiders who can't earn a living because we're not part of this
system. Maybe it sounds far-fetched but
this is the direction the corporate-political world is going.
If you know someone you don't like who's systematically and
substantially evading taxes, you can claim a reward by turning them in. Section 7623 of the IRS Code authorizes a
reward for turning anyone in who violates federal tax law.
You have to fill in Form 211 and use your real name to claim
it. Mail the completed form to
Informant's Claim Examiner at the nearest IRS Office to where you live.
The IRS says they'll keep your name confidential such that
the person you turned in will never find out it was you who did it.
Rewards are based on the value of the information given and
the amount recovered. There are three
different scales, generally 1, 5 and 10% of the first $75,000 recovered plus
lower percentages for more up to $100,000.
Send a letter to:
Criminal Investigative Division
Irs
Washington, Dc 20224
irs.gov
The book Conspiracy of Fools is the story of the fiasco of
the corporation Enron.
The Sarbanes-Oxley Act of 2002 has given the SEC (sec.gov)
more powers in dealing with corporate executives in publicly traded
organizations.
Books about commercial crime are at #364.160-169 or HV6691
to HV6769 at the library.
Commercial
Crime Websites
lawprofessors.typepad.com/whitecollarcrime_blog
americangreed.cnbc.com
whitecollarfraud.com
8009endfraud.com, 800 9 end fraud, law
office, refers to fraud of government contracts.
adbusters.org, 800-663-1243
cfenet.com, certified fraud examiners.
corporatepredators.org
corpwatch.org
culturejam.com, culturejam.org
essential.org
essential.org/monitor
fbi.gov
financialweb.com/stockdetective
fletc.gov, federal law enforcement training center,
georgia. runs the financial fraud
institute for government agents.
ftc.gov
fugitive.org/crimeprevention/white/whitecollarcrime
media-awareness.ca
multinationalmonitor.org, watch corporations.
nasdr.com, 800 289 9999, national assn. of securities
dealers, check to see if a broker was ever disciplined.
opensecrets.org, politics.
sec.gov
sec.gov/litigation/complaints securities.stanford.edu,
database of all federal class action securities fraud lawsuits.
usdoj.gov
Financial Crimes Enforcement Network
Dept. of Treasury
800-Sos-Buck
703-905-6096
ustreas.gov/fincen
International Association of Financial Crimes Investigators
415-884-6600
iafct.org
National Assn. of Securities Dealers
800-289-9999
301-590-6500
nasdr.com
Free disciplinary report on licensed investment brokers.
National Business Crime
Information Hotline
800-241-5689
If you know someone commiting any type of crime in business
and you want to get them in trouble, give an anonymous report at this phone
number. The authorities will not arrest
anybody immediately but investigate the situation.
National Finance Adjusters
410-728-2400
nfa.org
National Financial Fraud Exchange
Reston, Va
800-822-0416
They will check up on an advisor for you for a fee of about
$50 from their database. They don't
cover insurance agents.
National White Collar Crime Center
804-323-3563
nw3c.org
usdoj.gov
SEC
Division of Enforcement
202-942-4000
202-942-4542
202-942-8090, check on licensing status of stockbroker.
sec.gov
Report insider trading and other crimes.
Securities Information Center
617-345-4900
secic.com
Database of forged, counterfeit, lost and stolen
securities. Used by investment
investigators, not directly available to the public as far as I know although
you can make a request through an investigator.
Time Finance Adjusters
800-874-0510
tfaguide.com
Chapter 7. Whistleblowing Guide
Whistleblower
Info
If you see something being done on the job that's morally
wrong, you should report it to the police. There are laws in place saying that whistleblowers can't be fired for
whistleblowing.
On the bad side, even though there are whistleblower laws in
place to protect people who expose wrongdoing, laws can't dictate the way
they'll be blackballed and shunned even if they keep their jobs.
Who wants to work in a place where everybody hates them or
at least avoids them because they have been stigmatized as a big mouth,
tattle-tailer, whistle blower?
I acknowledge that it's not easy to do the right thing in
some circumstances especially if it's where you work but your conscience should
be your guide throughout life, even if the cost is high.
I recently saw some FDA whistleblowers say they had to do the
right thing by exposing drug test cover-ups because they had to live with
themselves. If you have a case against
somebody with facts, not lies and you want publicity, make a video and put it
on youtube.com. If it's good, the
mainstream media will pick it up and interview you.
angelfire.com/nj/jhgraf/anid.html, a personal account about
american government conspiracies by a whistleblower.
answers.com/topic/whistleblower
asacon.com/oalj/libwhist.htm, whistleblower law library.
bbc.co.uk/consumer/tv_and_radio/whistleblower/index.shtml, a
programme which investigates anti-social or criminal practices in organisations
dol.gov/compliance/topics/whistleblower.htm, labor.
employeeissues.com/whistleblower.htm
en.wikipedia.org/wiki/allen_jones_whistleblower, pharmaceutical
industry.
en.wikipedia.org/wiki/anthony_russo_whistleblower, pentagon
papers.
en.wikipedia.org/wiki/david_graham_whistleblower, fda
whistleblower.
en.wikipedia.org/wiki/national_security_whistleblowers_coalition
en.wikipedia.org/wiki/whistleblower
en.wikipedia.org/wiki/whistleblower_magazine
jeffreywigand.com, tobacco whistleblower.
oalj.dol.gov/libwhist.htm, oalj law library
osc.gov/wbdisc.htm, u.s. office of special counsel.
osha.gov/dep/oia/whistleblower, health and safety.
quitam.com, provides useful links and information on
whistleblower litigation.
whistleblower.org, government accountability project.
whistleblower.ucsf.edu
whistleblowerlaws.com
whistle-blower-net.com
whistleblower-net.de, germany.
whistleblowers.org, national whistleblower center.
Some Whistleblower/ Crime Phone Numbers in the Federal
Government
fic.info.gov, government telephone book.
fbi.gov/contact/fo/fo.htm#cities, federal bureau of
investigation
usdoj.gov/dea/contactinfo, drug enforcement agency.
Army Whistleblower Hotline
800-752-9747
Army Whistleblower Hotline
800-424-9098
Report fraud and corruption by contractors.
Bureau of Alcohol, Tobacco, Firearms and Explosives
888-atf-tips, general tips
888-atf-fiire, arson hotline
888-atf-bomb, bomb hotline
800-atf-guns, guns
800-659-6242, stolen, hijacked or seized cigarettes
800-800-3855, suspicious people buying fertilizer
Department of Homeland Security
Federal Computer Incident Hotline (888) 282-0870
ready.gov
Federal Bureau of Investigation
Whistleblower Hotline
800-869-4499
fbi.gov/contact/fo/fo.htm#cities
Federal Emergency Management Agency Fraud Hotline
800-323-8603
fema.gov
Federal Trade Commission
Consumer Fraud Complaints 877-FTC-HELP
877-ID-THEFT, Identity Theft Hotline
ftc.gov
Internal Revenue Service
Criminal Investigations 800-829-0433
irs.gov
Call when you suspect a violation of the tax code. You're eligible for a reward in some cases.
Navy Whistleblower Hotline
800-522-3451
Taxpayer Complaint Hotline Number
800 audtime
irs.gov
Complain about the Irs.
Transportation Security Agency
Security Concerns (866) 289-9673
U.S. Customs
800-BE-ALERT
cbp.gov
Drug Smuggling Hotline.
U.S. Marshals Service
Fugitive Tip Hotline 800-336-0102
Whistleblower Hotline
Department of Agriculture
800-424-9121
usda.gov
Whistleblower Hotline
Dept of Commerce
800-424-5197
doc.gov
Whistleblower Hotline
Dept. of Education
800-647-8733
ed.gov
Whistleblower Hotline
Department of Energy
800-541-1625
doe.gov
Whistleblower Hotline
Department of the Interior
800-424-5081
doi.gov
Whistleblower Hotline
Department of Justice
800-869-4466
usdoj.gov
Whistleblower Hotline
Department of Labor
800-347-3756
dol.gov
Whistleblower Hotline
State Dept.
202-647-3320
state.gov
Whistleblower Hotline
Department of Transportation
800-424-9071
dot.gov
Whistleblower Hotline
Department of the Treasury
Internal Revenue Service
800-359-3898
ustreas.gov
Whistleblower
Reward Service
If you know someone you don't like who's systematically and
substantially evading taxes, you can claim a reward by turning them
in. Section 7623 of the IRS
Code authorizes a reward for turning anyone in who violates federal tax
law.
You have to fill in Form 211 and use your real name to claim
it. Mail the completed form to
Informant's Claim Examiner at the nearest IRS Office to where you live.
The IRS says they will keep your name confidential such that
the person you turned in will never find out it was you who did it.
Rewards are based on the value of the information given and
the amount recovered. There are three
different scales, generally 1, 5 and 10% of the first $75,000 recovered plus
lower percentages for more, up to $100,000.
Refer to Section 7623 of the IRS Code and fill out Form 211.
Criminal Investigative Division
Irs
Washington, Dc 20224
202-622-3200
irs.gov
Irs Internal Security
202-622-4610
Watches over unscrupulous employees.
Whistleblower
Lawyers
employmentlawgroup.net, based in washington d.c.
fraudhotline.com, law firm, providing representation for qui
tam whistleblower actions under the false
claims act.
lawyers.com
qui-tam-attorney.com, new york city firm, focusing on
whistleblower or qui tam cases under the false claims act.
warrenbensonlaw.com, san diego firm emphasizing
whistleblower cases.
whistleblower.info, whistleblower law protection act, loevy
and loevy, the law firm dedicated to protecting the rights of fraud
whistleblowers.
whistleblower.labovick.com, whistleblower lawyer and
attorney labovick law firm, florida whistleblower.lawyersandsettlements.com,
whistleblower lawyers, articles, resources, news, forum and stories.
whistleblowerlawyerblog.com
whistleblower-lawyer-referral.com
yourlawyer.com, qui tam whistleblower law.
whistlebloweraid.com
Chapter 8. The Internet at Work
Internet
at Work
All employers should set up ground rules for employee
internet usage and put them in the company manual
and/ or on the bulletin board. You should also tell them you're
monitoring their usage via a security software program like spectorsoft.com
which records all e-mails sent and received and records the names of all
websites visited in a neat file.
Employees expect workers to work while at work and not
cruise the internet for personal reasons.
This is a reasonable request. If
I were a business owner, I would allow the employees to use the internet for
personal reasons only on their own time as with breaks and after work for a
short while.
I would record usage, tell them I was doing it, tell them
the penalty was severe, a $200 fine and three strikes and they were gone. I would enforce this rule by checking on the
software and acting on transgressions.
I would offer a reward of $100 for anyone who anonymously
reported someone they saw using the internet for personal reasons which means I
wouldn't disclose who told me, if anyone.
I would just have to go to my trusty software and it would all be there
tabulated by time.
Another area of internet usage in the workplace that has
caused problems is the sexual harassment issue such as with dirty jokes being
e-mailed around or somebody viewing a porno site in full view of others who
don't want to see these things. If it's
done on company time with company computers, the company is ultimately
responsible.
Even though some workers claim it's a privacy issue, that
they're being snooped on at work, the legal fact is that you have no real
privacy at work except in the bathroom.
As a legal safeguard, an employer should state explicitly that employees
have no privacy at work and should expect to be monitored.
Another point is that in order for the company to protect
itself from sabotage in the form of viruses, set up ground rules for
downloading information and software from unreliable sources or opening e-mail
attachments from people they don't know.
Either have them download information only from reliable
contacts, come see you with questionable transmissions or have a separate
computer off in the corner not attached to the company network which they can
use to send and receive things from questionable sources.
Finally, employees are both curious and vindicative so if
you give your employees free rein over the entire company network, they could
do some damage if they get mad enough.
Set up your network such that employees can't get into
valuable information they don't need to do their jobs and damage it
somehow.
Have a back-up system or two in place. A good system which I've used a few times is
to have a feature where your computer goes back in time a day or two so if you
have a problem, you merely start up your computer and go back a day to the time
before you had that problem thus avoiding it altogether.
Put a clause in the employment contract stating that when an
employee leaves the company, he is no longer allowed to access the company
website. Render his password void.
theinternetpatrol.com/employees-cant-be-fired-for-surfing-porn-on-the-job
thechannelinsider.com
techdirt.com
Cyber-Spying
At Work
Beware that your bosses at work can install simple sptware software and track every
website you surf and every e-mail you send and get.
Spyware records which websites
are visited on the computers you install it on.
This software creates a secret file such that you can view all
transmissions on the computer like websites visited, e-mails, chats, etc.
algorithm.com
apbnews.com
avsweb.com/mom
bestspyware.com, monitoring technology that allows you to
monitor any pc from anywhere. bitlogic.co.uk
buyersport.com
chatminder.com
chatnanny.com
computercopinfo.com
computer-spy-programs.com
cyber.law.harvard.edu/people/edelman/ads/gator
eblaster.com
icann.org
kansmen.com
keylogger.com
lavasoftusa.com, spyware-removal programs.
matewatcher.com
microsys.com
modemspy.com, this software will record all your phone calls
and keep a record of them.
pcpitstop.com/gator
pearlsw.com, 800-732-7596
pestpatrol.com
pieshop.new.net
rfc-editor.org/rfc
savemail.com
securecomputing.com
securetactics.com
sentrycam.com
sequeltech.com
shopathomeselect.com
sirsearch.com
slogger.hypermart.net
smartparent.com/protect
softeyes.com
spectorpro.com
spectorsoft.com
spychecker.com
spydex.com
spywareguide.com
spywareguide.com
spywareinfo.com
surfwatch.net
uk.research.att.com/vnc
watchright.com
webhancer.com
websense.com
whenu.com
xi0.com, camera.
zemericks.com
Anti-Spyware
Software
Check to see if someone is spying on your computer usage,
either someone in your home, your boss or some internet business that has installed adware on your computer.
adware-list-spyware.linksopen.com
aluriasoftware.com
anti-keyloggers.com
anti-spy.com
javacoolsoftware.com
lavasoft.de
lavasoft.de/software/adaware
lavasoft.nu
mcafee.com
pestpatrol.com
safernetworking.org
spybot.eon.net.au
spybot.safernetworking.de
spychecker.com
spywareinfo.com
webroot.com/wb/products/spysweeper
wilderssecurity.net/spywareguard
Chapter 9. Work and Family Guide
Working
Parents Info
If you work and raise kids, especially if you're the mother,
since mothers do most of the child-raising even if they work, be ready for hard work, stress and a minimal
amount of time for yourself but you picked this lifestyle now you have to live
with it.
You'll be separate from your children a lot. While they're young, you'll have to find some
manner of daycare. When they get older
they'll learn to be independent.
You can't control your obligation to work so don't feel
guilty about it. Raise your kids to live
in the real world. Tell them you have to
work to make money to pay bills.
Quantity or time together doesn't matter as much as quality
which means love.You can't help being away for work but when you're home, spend
time talking to your children and doing things together.
Explain to your kids that you have to go to work. Tell them when you'll'be back. Find a good caregiver.
They're crying out for attention, you're tired and stressed
out when you get home from work so you have to be wary of the
frustration-aggression hypothesis, the kicking-the-dog syndrome, taking your
frustrations out on your kids.
Reading to your kids or singing with them is one of the best
ways to communicate love rather than simply parking them in front of the
TV. Emotionally connect with your
children if you don't want to raise alienated brats.
Currently, only eight percent of all families in America are
the traditional 1950s nuclear family, the breadwinner father and the housewife
mother. Most women in families and as
single parents are out there in the workforce.
If you're gone overnight, you can call them on the phone or
talk to them through texting or web-cam.
When you go on business trips, send your kids postcards.
If you have to be away at work, you can call your children,
leave them love letters, a CD or MP3 file with you talking, fax them, e-mail
them, write out a loving though on the blackboard glued onto your fridge, buy
them educational toys and books, leave things like crossword puzzles and books with
them and offer to pay them $5 if they have them done the next time you see them
(ask them questions or have them write an essay about the book), etc.
Try to get them involved in a constructive activity like
computer, sports, reading, music, dancing, scouts, etc.
Teach your kids to take care of themselves, to be
independent. Get them a pet so they'll
have a companion while you're away.
Teach your children to eat cereal, make a salad and cook
eggs while you're away. Cook food then
teach them to warm it up in the microwave oven.
You can find food books at #641 at the library.
When you get back, do special things; take them out for
treats and meals, help them with homework, read a bedtime story, sing along to
a folk song CD, watch TV together, give them your phone number and tell them to
call you anytime they want.
Try not to miss your children's special events like
birthdays, holidays, the big game, the recital, the annual parade, etc.
Don't make promises to your children that you can't
keep.
Don't try to buy their love with presents. Give them love by spending time with them.
Work
Issues For Families
The major family issues at work are:
Daycare.
Healthcare.
Pregnancy leave.
Maternity leave.
Paternity leave for fathers upon
the birth of children which is widely accepted in Europe.
Time off for childcare and care of elder dependents like
parents.
Medical leave.
A flexible work schedule.
Job sharing (two people sharing one job).
Compressed work week (work longer days but less overall days
like 10 hours a day four days instead of eight hours five days).
Gay rights for domestic partners.
Telecommuting, working for a company at home either
part-time or fulltime.
In general, there are some laws geared to help families at
work but the general policy is a company by company call.
You'd think that corporations would want to offer generous
family terms to their workers to keep them happy and some do but many don't so
if you're wary about these things, check on the company's family policies
before you start working there.
If you want to be a crusader, meet with your fellow
employees, set up some demands for yourselves and present them to your
management as family friendly policies that you want to see implemented.
Simply tell them a family-friendly workplace produces more
motivated, happier, productive workers.
The American Bill of Rights for the Family is:
The right to a job and economic security.
The right to healthcare.
The right to child and elder care.
The right to family leave.
The right to services for the elderly.
The right to quality education.
The right to equal opportunity.
The right to equal pay for work of equal value.
The right to permanent housing.
The right to live and work in a safe and accessible environment.
Many women and men alike are ignorant of the law and what
rights they have regarding many issues in the workplace like the Family and
Medical Leave Act/ FMLA, enacted August 1993 which gives workers the right to
take up to 12 weeks unpaid leave to take care of a newborn or a sick family
member.
Most states have parental leave laws and some are more
generous than the FMLA Act.
If you believe your rights at work have been violated, check
your company policies and the law, get evidence by documenting the situation(s)
(write down every incident immediately after it happens and get witnesses to
corroborate you), go through company/ union channels first, file a grievance
with both the relevant federal and state agencies, talk to an employment
lawyer, call the EEOC and the 9 t0 5 helpline for general advice.
The major work-family laws are:
The Americans with Disabilities Act/ ADA
Family and Medical Leave Act/FMLA
Pregnancy Discrimination Act/ PDA
Family
and Medical Leave Act/ FMLA
The Family and Medical Leave Act/ FMLA gives workers the
right to take up to 12 weeks of unpaid leave from their jobs for the
birth or adoption of a child or to care for a seriously ill child,
spouse or parent. It also gives workers
time to recover from their own serious illnesses.
If you worked at the company for at least 12 months, you are
eligible for these considerations and to have full company health coverage as
well as a guaranteed equivalent status job on return but it's only effective
for companies with 50 or more employees and workers have to provide employers
with 30 days advance notice of taking the leave.
For organizations with fewer employees, it's good business sense to give employees some
consideration and work with them when they have important personal issues at
home. It makes for better employees all
around when you come off like a good guy.
The FMLA requires employers to continue to pay health-care
during the leave as long as the employee contributes to his insurance plan
while on FMLA leave.
The employer is required to provide an equivalent job when
the leave ends with the same benefits as before.
There are controversies as to what is defined as a
family. Some employers only honor the
FMLA with direct family members while others are more liberal. If you want leave to care for anyone, if you
feel they're that important to you then the employer will not stand in your
way.
The law generally applies to all public sector employees and
private sector employers who employ 50 or more employees for at least 20 work
weeks in the current or preceding year.
Thirty four states also have family leave legislation some
of which is more generous than that of the federal law so, once again, be sure
to investigate.
Some states also have good laws for new mothers so check it
out with your state department of labor.
The FMLA:
involves entitlement to leave;
maintenance of health benefits during leave;
job restoration after leave;
set requirement for notice and certification of the need for
FMLA leave;
and protects employees who request FMLA leave.
The reasons you can get up to 12 work weeks of unpaid, job
protected leave a year are;
Birth and care of child.
Adoption and care of child.
Care for an immediate family member with a serious health
condition.
Serious health condition of employee with appropriate
certification from doctor.
This leave may be intermittent meaning that, for example, an
employee may leave to care for a health member for a week here, a week there
provided the employer agrees to it.
dol.gov/esa/programs/whd/state/fmla
en.wikipedia.org/wiki/family_and_medical_leave_act_of_1993
wrightslaw.com, FMLA Leave Checklist.
fmlaonline.com
Public Information Office
Employment Standards Administration
U.S. Department of Labor
Washington, Dc 20210
800-959-Fmla
800-326-2577, Tdd.
dol.gov/dol/esa/fmla
dol.gov/esa/whd/opinion/fmla.htm
dol.gov/dol/esa/public/regs/statutes/whd/fmla.htm
Request booklet Compliance Guide To The Family and Medical
Leave Act.
Equal Employment Opportunity
Commission Information Line (Eeoc)
1801 L St. Nw
Washington, Dc 20507
800-669-3362
800-669-4000
eeoc.gov
Parental
Leave Info
nccp.org/policy_index_29.html, National Center for Children
in Poverty, State Leave Policies, Parental Leave Programs and Policies
nationalpartnership.org,
National Partnership for Women and Families.
A State-by-State Analysis of Parental Leave Programs.
ncsl.org/programs/employ/fmlachart.htm, National Conferences
of State Legislatures. "State Family and Medical Leave Laws"
dol.gov/esa/programs/whd/state/fmla, "Federal vs. State
Family and Medical Leave Laws
Sick Leave Info
nationalpartnership.org/portals/p3/library/PaidLeave/SickDays/GetWellSoon.pdf
Working
With a Chronic Medical Condition
Somebody said that there are a hundred million people with a
chronic illness in the United States. A lot of people cannot afford to not work.
Some want to work even while sick because it gives them a
sense of inspiration and purpose.
The process is basic.
Have your little cry and a few days rest then start working again. Do what you can from your bed. Use your computer, take phonecalls, send
emails, etc. Some people are so cool
that people they are doing business with don't know they're sick and in bed.
It's ridiculous to try to function at your old
standard. You do what you can. Little by little you get stronger. You reach a new modified standard and stay
there. It's good enough. It's better than doing nothing.
You should love what you do for work to start with. If you don't, you could read my book A Free
Spirit's Search For Enlightenment to see that you are your true nature and
that's it. Find work that releases your
natural energy and you will always love what you do. Even when you're sick, you will want to do
what naturally inspires you because you know this is what keeps you strong and
energized.
There is no shame in modifying your workload, changing jobs
within a company or starting something new if you intuitively feel it's the
right thing to do.
In the past, I have delegated work to competent
employees. Get somebody else to take up
some slack.
It's easy to hire a virtual assistant over the internet or
go on craigslist.org and hire someone to do your menial labor.
You don't have to tell people you have a medical condition
unless it will be affecting your work so they will know that you will need to
rest, leave early, etc.
We live in an ambitious culture hooked on getting things
done quickly but that is not necessary.
You can do a reasonable amount of work without pushing for your limits.
Do what's really important.
Forget the minor stuff for now.
Do what you can, rest then work a little more.
If you are not tech savvy, check into email, twitter,
web-conferencing, webinars, etc.
Make up your will, estate plan, etc. so you have it done and
out of the way.
There are books around about working with a chrionic illness
or medical condition. I found one at
#362.160 or RC963 at the library.
carepages.com
chronicbabe.com
chronicillness.org.au/downloads/ciapolicy07realflexibilityintheworkforce.pdf
eeoc.gov
healthmattersatwork.org
hopecafe.com
joanfriedlander.com
job-hunt.org/chronic-illness-job-search/chronic-illness-career-planning.shtml
job-hunt.org/chronic-illness-job-search/chronic-illness-job-search.shtml
job-hunt.org/chronic-illness-job-search/new-grad-choices-chronic-illness.shtml
jobs.aol.com/articles/2010/05/19/working-with-chronic-pain/
keepworkinggirlfriend.com
keepworkinggirlfriend.com/2008/05/21/careers-jobs-and-chronic-illness/
sharecare.com/question/why-open-about-chronic-illness
stress-freelife.com/workplacestress.html
theworkathomewoman.com/tag/chronic-illness/
theworkathomewoman.com/working-at-home-while-living-with-a-chronic-illness/
webmd.com/pain-management/tc/office-ergonomics-topic-overview
well.blogs.nytimes.com/2009/06/19/managing-chronic-illness-at-work/
well.blogs.nytimes.com/2009/06/19/managing-chronic-illness-at-work/
workingwithchronicillness.com
Maternity
Leave and Motherhood
Every state government and company has different laws
regarding maternity leave. Either get a
copy at work, at the local library (books about
maternity leave are at #306.7 or HD6065) or at a law library. Maternity Leave is a three stage deal:
Tell your boss and preparing to leave work.
Maternity leave when you have your baby.
Going back to work (daycare, babysitting, juggling
motherhood and work).
Most companies have flexible maternity leave options that
are tailored on a case by case basis.
Talk to your boss or the employee relations/ personnel office about six
months before the baby is expected in order to work out the exact details.
You might be able to change the normal schedule to suit your
needs, possibly work part-time, odd hours called flex-time or even work at home
if it's computer or some kind of paper work.
Get it in writing so you'll be ready when the baby is almost
due. Get ready for baby and try to make
caregiving arrangements either a babysitter, relatives, grandparents, baby
nurse, daycare center, friends, live-in nanny, daily nanny, center based infant
daycare usually run by a charitable organization (churches, schools, hospitals,
welfare organizations, corporations) or possibly daycare at work.
The Pregnancy Discrimination Act of 1978 requires employers
of 15 employees or more who have short-term disability policies to treat
pregnancy as a disability and grant paid maternity leave for about six to eight
weeks.
Generally, a company doctor determines the length of
maternity leave on a case by case basis.
It usually starts two weeks before delivery and continues for six to
eight weeks after.
Ceaserean births are usually granted two extra weeks of
leave. Although some European countries
offer paternity leave to fathers, this is not currently the case in America.
Depending on the company, maternity leaves are fully paid,
partially paid or not covered at all.
Job protection may not be guaranteed.
Although some companies don't have to offer disability leave, most do.
Find a pediatrician who has hours conducive to working
mothers. Find a working mother's support
group at the YWCA, church or other places like at work.
Find child information at the library, #618 (medical), #649
(child rearing) and many magazines. Make
sure your husband and other close people are happy with the arrangements.
Your husband will either want you to go back to work as soon
as possible because he's worried about the money situation or he's making
enough such that he'll want you to stay home to become a homemaker. You have to talk it out and make a firm
agreement so you both know what's going on.
Be businesslike at work with your boss in hammering out the
details. Don't be selfish, sweet or too
rigid. Work out a middle ground
balancing your need for maternity leave to his need for a good worker who's
there.
Don't go overboard talking and planning about your baby at
work. Do your job professionally. That's what you're paid for. Some people may be jealous or callous to your
pregnancy. Keep it as invisible as
possible on the job.
Many studies have been done on child rearing and the
undeniable fact is that it's not quantity of time spent with a child that
counts, it's quality meaning working mothers can raise good children who love
them as long as they spend honest quality time with them.
Don't feel guilty about being a working mother who puts the
baby into someone else's care for part of the day. Many mothers have an identity crisis and
wonder if they should work, be mothers or both.
Think it through to make the best decision for yourself.
If you don't have a lot of money, the government has
subsidies and programs for working mothers especially single ones living near
the poverty level so make a few phone calls to the government employment office
and various social service agencies to ask about them.
Get health insurance for the baby. There are private low cost options and
government assistance for children's medical needs.
In order to stay legal, contact your local unemployment tax
office and workman's compensation office to ask about details when hiring
domestic workers for your home.
Always have a back-up for your daycare because people get
sick, go out of business, etc. Don't try
to be supermom. Go back to work. See how it goes. If it's too much, ask your boss if you can
work part-time or partially at home.
Don't overwork yourself and get stressed out.
Try to balance work, baby, husband and time for
yourself. Try to keep your love life
alive. Be ready for post-partum
depression when the mothering hormones in your body subside, the excitement
dies down and baby becomes part of the routine.
Stay calm and become friends with your caregiver. Don't get jealous of her and compete for
baby's love. She's just doing her
job. Talk to her and get a feel for
her. Possibly install a hidden camera to
see how she's really treating the baby.
Give her a raise if she deserves it.
Never take her for granted.
Give her space and privacy for her own life. You have a baby for love because you want to
love him or her and help them become decent human beings. Never lose sight of that through all the
trials and tribulations of raising your child.
Parental leave is a catch-all phrase for granting leave for
adoptive parents and any other extraneous situation a modern family might face
like a very sick child or a troubled one.
Some companies will offer you unpaid leave if you ask for
it.
Call 800-424-367, irs.gov, get booklet #503, Child and
Dependent Care Credit and the booklet Employment Taxes for Household Employees
if you have a babysitter or nanny.
Find out if your company has child care benefits in the form
of medical insurance and daycare.
In some workplaces, you can have the baby with you at work.
nationalpartnership.org
nccic.acf.hhs.gov
cdinet.com/womensrights/database.html, maternity protection
database.
hreoc.gov.au/sexdiscrimination/pml
ilo.org/public/english/employment/gems/eeo/la
w/sweden
washingtonpost.com/wp-
srv/inatl/longterm/woe/archives/mom, maternity leave around
the world.
National Assn. for The Education of Young Children
1509 16th St. Nw
Washington, Dc 20036-1426
800-424-2460
naeyc.org
Accrediting organization for daycare centers, publications.
Adoption
Benefits
adoptionfriendlyworkplace.org
Pregnancy Matters
The Pregnancy Discrimination Act/ PDA prohibits
discrimination based on pregnancy, childbirth or related
medical conditions in all manner of the employment process from hiring to
performance to termination.
Basically, employers are legally obligated to allow a pregnant
woman to work as long as she is able to do her job satisfactorily and he has to
hold the job open for her to return within a reasonable amount of time.
The PDA is a U.S. Federal law barring discrimination against
a woman because of pregnancy, childbirth or a related medical condition.
It applies to women who work in companies with more than 15
employees.Employers cannot refuse to hire, fire, demote or penalize anyone
based on pregnancy.
It doesn't give you any specific benefits but prevents you from
being discriminated against in any benefits the others get just because you're
pregnant.
In practice, individual women have difficulty bringing a
pregnancy discrimination case to court and winning. Many women are still harassed and unduly
fired during pregnancy.
When contemplating a pregnancy, consider reviewing your
state's pregnancy discrimination laws.
An employer's health insurance must be used to cover
pregnancy just like with any other medical condition. If an employer provides extra benefits for
other medical conditions, then pregnancy must be covered too.
atom.com/funny_videos, check out the video working during
pregnancy.
medicinenet.com/script/main/art.asp?articlekey=51386, work
and pregnancy
9 To 5
National Assn. of Working Women
1430 W. Peachtree St.
#610
Atlanta, Ga 30309
404-876-1604
Fax: 404-876-1649
800-522-0925
hotline9to5@igc.org
9to5.org
Generally an advocacy group for women.
National Organization for Women's Legal Defense and
Education Fund
99 Hudson St.
Nyc 10036
212-925-6635
Fax: 212-226-1066
now.org
Work
and Caregiving
careerplanning. dead website, try
dotdash.com/od/balancingworkandfamily/a/elder_care.htm
beingafamily.com/eldercare/
eldercare.uniontrib.com, san diego.
eldercareadvocates.com
referenceforbusiness.com/small/di-eq/eldercare.html
river2u.com
seniorbridge.net
senioroutlook.com
workingwomenplus.com, helping adult children cope with aging
parents.
Work-Family
Websites
Books about work and family are at #640.43 or HD4904.25 at
the library.
Books about working parents are #306.87, #646.70 or HQ759 and QB198.3 at the library.
moms-refuge.com, Working Moms' Internet Refuge
workingparents.com, Working Parents, links to
parenting, careers
nationalpartnership.org, national partnership for women and
families
hsph.harvard.edu/globalworkingfamilies
womenwork.org
awlp.org, alliance for work-life progress, awlp advances
work-life effectiveness as a strategy for better integration of work, family
and community.
flexibilityalliance.org, the flexibility alliance supporting
flexible work for mothers, tools to help parents propose flexible schedules to
their employers, online forums and resources for employers.
parentsatwork.org.uk workingmother.com
workingparents corn
familiesandwork.org
catalystwomen.org
careerjournal.com/columnists/workfamily
parenting.ivillage.com/mom/workfamily/topics/
9to5.org, 800-522-0925, info about flexible work.
catalystwomen.org
childcare.ucla.edu/childcare/wpn.htm, working parents
newsletter.
dol.gov/dol/wb, 800-827-5335, u.s. dept of labor, women's
bureau publications.
familiesandwork.org
familiesandworkinst.org, families and work institute.
family.disney.com
mcs.net, notes from terminally ill parents.
mentor-media.com
momsonline.com
mothersandmore.org
naturalchild.com
nww.org, new ways to work.
parentsoup.com
positiveparenting.com
wahm.com, work at home moms.
workfamily.com
9 To 5
National Assn. of Working Women
1430 W. Peachtree St.
#610
Atlanta, Ga 30309
404-876-1604
Fax: 404-876-1649
800-522-0925
hotline9to5@igc.org
9to5.org
Generally an advocacy group for women but helps men too in
such work areas as sexual harassment, maternity leave or any job problems in
general. Annual membership fee entitles
you to their database of information.
Assn. of Part-Time Professionals
7700 Leesburg Pike
#216
Falls Church, Va 22043
703-734-7975
Flexible work resources.
Conference Board
Work and Family Information Center
845 3rd Ave.
Nyc 10022
212-759-0900
conference-board.org
Earned Income Tax Credit/Eitc
800-829-1040
irs.gov
If you earn less than a certain amount and have children
under 19 living at home, you get a tax break.
Family and Work Institute
330 7th Ave.
14th Fl.
Nyc 10001
212-465-2044
familiesandworkinst.org
Family Resource Coalition
200 S. Michigan Ave.
#1250
Chicago, Il 60604
312-341-0900
Family resource work publications.
Family Service America
11700 W. Lake Park Dr.
Park Pl.
Milwaukee, Wi 53224
414-359-1040
Helps people find work.
Hispanic Advocacy and Resource Center
2488 Grand Concourse
#413
Nyc 10459
212-733-1200
Parenting
Publications
For more magazine selections, ask for a Periodical Directory
at your local library.
americanbaby.com, 800-525-0643, several parenting
mags.
athomemothers.com
atlantaparent.com
babytalk.com
bayareaparent.com
bigappleparents.com
birthgazette.com
chicagoparent.com
child.com
childmag.com
compleatmother.com
delawarefamily.com
enews.com/magazines
epregnancy.com
family.com
family.go.com
familypc.com
fitpregnancy.com
healthykids.com
homearts.com
informedparent.com
laparent.com. los angeles.
lipn.com, long island parent.
metrokids.com
mothering.com
newmoon.org, parents of preteen girls.
nwfamily.com, northwest.
nyfamily.com
osv.com, catholic.
owl.on.ca, canadian children's magazines.
parentinginsights.com
parents.com
positiveparenting.com
sandiegofamily.com
smartkid.com
todaysparent.com
tuesdayschild.com, parenting a child with disabilities.
twinsmagazine.com
vegetarianbaby.com
westrernnewyork.com
womweb.com
Compleat Mother:
Pregnancy, Birth and Breastfeeding
720 4th Ave. Nw
#209
Minot, Nd 58703
701-852-2822
compleatmother.com
Chapter 10. An Employment Law Website Guide
at feedspot.com
A
List of Employment Law Blogs and Websites at blog.feedspot.com/employment_blogs
aalrr.com/Labor-Employment-Law-Blog
akeelvalentine.com/blog
allenovery.com/en-gb/global/blogs/employment_talk?pageSize=7
amglaw.com/blog
atlantaemploymentattorneysblog.com
barryfisher.ca/employmentlawblog
blog.firstreference.com
blogs.dlapiper.com/employmentgermany
blogs.orrick.com/employment
bowriveremploymentlaw.com/blog
bsk.com/new-york-labor-and-employment-law-report
btlaw.com/en/insights/blog/currents
californiaemploymentlaw.foxrothschild.com
calpeculiarities.com
calpublicagencylaboremploymentblog.com
capclaw.com/blog
constangy.com/employment-labor-insider
crippspg.co.uk/blog/employment
ctemploymentlawblog.com
dcemploymentattorney.com/resources/blog
duttonlaw.ca/blog
eclaw.com/blog
employeeatty.blogspot.com
employmentattorneyla.com/blog
employmentattorneymd.com/employment-law-blog
employmentblog.practicallaw.com
employmentlawblog.info
employmentlawhandbook.com/blog
employmentlawlandscape.com
employmentlawworldview.com
fedemploymentlaw.com/blog
felhaber.com/home/mn-employment-law-report
firstaff.ie/blog
genovaburns.com/publications/labor-law
globalworkplaceinsider.com
greensfelder.com/employment-and-labor-blog
hrlegalist.com
hsfnotes.com/employment
klielaw.com/blog
krevskybowser.com/blog
laborandemploymentlawcounsel.com
laborandemploymentlawupdate.com
laboremploymentlawblog.com
laboremploymentreport.com
labourandemploymentlaw.com
lawandtheworkplace.com
lawfficespace.com
lawgrady.com/blog
lawsonlundell.com/labour-and-employment-law-blog
lawyersforemployers.com.au/articles
leckerslaw.com/blog
lipskylowe.com/blog
minkenemploymentlawyers.com/category/blog
njemploymentlawfirmblog.com
ocalaemploymentlawyer.com/blog
ohioemployerlawblog.com
ottawaemploymentlaw.com
overholtlawyers.com/blog
polsinelliatwork.com
sanantonioemploymentlawblog.com
sandbergphoenix.com/perspectives/blogs/employer-law-blog
scemployersblog.com
shawlawgroup.com/blog
spigglelaw.com/employment-blog
tglaw.com.au/employment-blog
thelelawblog.com
toronto-employmentlawyer.com/blog
vigilant.org/employment-law-blog
washingtonlaborandemploymentblog.com
wongemploymentlaw.com/blog
workforcebulletin.com
workplacelegalpc.com/blog
workplacereport.ancelglink.com
wyattfirm.com/blogs/category/employment-law-report
zatlaw.com/blog
A
List of Employment and Employment Law Newsfeeds at
blog.feedspot.com/employment_rss_feeds
aalrr.com/Labor-Employment-Law-Blog
aalrr.com/Labor-Employment-Law-Blog?rss
akeelvalentine.com/feed
akeelvalentine.com/blog
allenovery.com/en-gb/global/blogs/employment_talk?pageSize=7
amglaw.com/blog
amglaw.com/feed
atlantaemploymentattorneysblog.com/feed
atlantaemploymentattorneysblog.com
blog.feedspot.com/employment_rss_feeds
blog.firstreference.com/feed
blog.firstreference.com
blogs.dlapiper.com/employmentgermany
blogs.orrick.com/employment
blogs.orrick.com/employment/feed
bowriveremploymentlaw.com/blog
bowriveremploymentlaw.com/feed
bsk.com/new-york-labor-and-employment-law-report
btlaw.com/en/insights/blog/currents
californiaemploymentlaw.foxrothschild.com
calpeculiarities.com
calpeculiarities.com/feed
calpublicagencylaboremploymentblog.com/feed
calpublicagencylaboremploymentblog.com
capclaw.com/feed
capclaw.com/blog
constangy.com/employment-labor-insider
constangy.com/employment-labor-insider?rss
crippspg.co.uk/blog/employment
ctemploymentlawblog.com/feed
ctemploymentlawblog.com
dcemploymentattorney.com/feed
dcemploymentattorney.com/resources/blog
duttonlaw.ca/blog
duttonlaw.ca/blog/feed
eclaw.com/blog
eclaw.com/blog/feed
employeeatty.blogspot.com/feeds/posts/default?alt=rss
employeeatty.blogspot.com
employmentattorneyla.com/blog
employmentattorneymd.com/feed
employmentattorneymd.com/employment-law-blog
employmentlawblog.info/feed/atom
employmentlawblog.info
employmentlawhandbook.com/feed
employmentlawhandbook.com/blog
employmentlawlandscape.com/feed
employmentlawlandscape.com
employmentlawworldview.com/feed
employmentlawworldview.com
fedemploymentlaw.com/feed/atom
fedemploymentlaw.com/blog
felhaber.com/home/mn-employment-law-report
felhaber.com/feed
firstaff.ie/blog
firstaff.ie/feed
genovaburns.com/publications/labor-law
globalworkplaceinsider.com/feed
globalworkplaceinsider.com
greensfelder.com/employment-and-labor-blog?rss
greensfelder.com/employment-and-labor-blog
hrlegalist.com/feed
hrlegalist.com
hsfnotes.com/employment
hsfnotes.com/employment/feed
klielaw.com/blog
klielaw.com/feed
krevskybowser.com/feed
krevskybowser.com/blog
laborandemploymentlawcounsel.com/feed
laborandemploymentlawupdate.com
laborandemploymentlawupdate.com/feed
laboremploymentlawblog.com
laboremploymentreport.com
laboremploymentreport.com/feed
labourandemploymentlaw.com/feed
labourandemploymentlaw.com
lawandtheworkplace.com
lawandtheworkplace.com/feed
lawfficespace.com
lawgrady.com/blog
lawgrady.com/feed/atom
lawsonlundell.com/labour-and-employment-law-blog
lawsonlundell.com/labour-and-employment-law-blog/?rss
lawyersforemployers.com.au/feed
lawyersforemployers.com.au/articles
leckerslaw.com/blog
leckerslaw.com/blog/feed
lipskylowe.com/blog
lipskylowe.com/feed
minkenemploymentlawyers.com/category/blog
njemploymentlawfirmblog.com
njemploymentlawfirmblog.com/feed
ocalaemploymentlawyer.com/blog
ocalaemploymentlawyer.com/blog/feed
ohioemployerlawblog.com
overholtlawyers.com/feed
overholtlawyers.com/blog
polsinelliatwork.com
polsinelliatwork.com/blog?format=RSS
sanantonioemploymentlawblog.com/feed
sanantonioemploymentlawblog.com
sandbergphoenix.com/perspectives/blogs/employer-law-blog/feed
sandbergphoenix.com/perspectives/blogs/employer-law-blog
scemployersblog.com
shawlawgroup.com/feed
shawlawgroup.com/blog
spigglelaw.com/feed
spigglelaw.com/employment-blog
tglaw.com.au/employment-blog
tglaw.com.au/employment-blog/feed
thelelawblog.com
thelelawblog.com/feed
toronto-employmentlawyer.com/feed
toronto-employmentlawyer.com/blog
vigilant.org/employment-law-blog
vigilant.org/employment-law-blog/rss
wongemploymentlaw.com/blog?format=rss
wongemploymentlaw.com/blog
workforcebulletin.com
workforcebulletin.com/feed
workplacelegalpc.com/feed
workplacelegalpc.com/blog
wyattfirm.com/blogs/category/employment-law-report/feed
wyattfirm.com/blogs/category/employment-law-report
zatlaw.com/blog
A
List of Employment Law News Websites at feedspot.com/news/employment_law
constangy.com/employment-labor-insider
Thomas Reuters, Practical Law Employment Blog
employmentblog.practicallaw.com
Employment and Labor Insider Blog
employmentandlaborinsider.com
Herbert Smith Freehills Employment notes
hsfnotes.com
The Sheppard Mullin Labor and Employment Law Blog
laboremploymentlawblog.com
Employment Law Worldview
employmentlawworldview.com
Fox Rothschild LLP, California Employment Law
californiaemploymentlaw.foxrothschild.com
Employment Law
blog.firstreference.com
publisher of Canadian payroll, employment law
Dutton Toronto Employment Law Firm
duttonlaw.ca
Employment Law Handbook Blog
employmentlawhandbook.com
Barnes and Thornburg, Employment Law Blog
btlaw.com
Thomson Geer Lawyers Employment Blog
tglaw.com.au
The Spiggle Law Firm, Employment Blog
spigglelaw.com
Minken Employment Lawyers, Toronto Employment Blog
minkenemploymentlawyers.com
Proskauer's Law and the Workplace Blog
lawandtheworkplace.com
Workforce Bulletin, Insights on Labor and Employment Law
hospitalitylaboremploymentlawblog.com
Norton Rose Fulbright Law Firm, Global Workplace Insider
globalworkplaceinsider.com
Daniel Schwartz, Connecticut Employment Law Blog
ctemploymentlawblog.com
HR Legalist, Labor Relations
hrlegalist.com
lawyersforemployers.com.au
A List of Labor Law Websites at blog.feedspot.com/labor_law_blogs
archeremploymentlaw.com
bdlfirm.com/category/labor-and-employment-law-blog
blog.feedspot.com/employment_blogs
bostonlawyerblog.com/category/employment-law
bsk.com/new-york-labor-and-employment-law-report
californiaemploymentlaw.foxrothschild.com
calpublicagencylaboremploymentblog.com/category/wage-and-hour-2
constangy.com/employment-labor-insider
denverlaborlaw.com/colorado-employment-law-blog
employmentlawwatch.com
fedemploymentlaw.com/blog
foley.com/en/insights/blogs/labor-employment-law-perspectives
genovaburns.com/publications/labor-law
healthemploymentandlabor.com
hospitalitylaboremploymentlawblog.com
laborandemploymentlawupdate.com
laboremploymentlawblog.com
labourandemploymentlaw.com
labourlawbox.blogspot.com
lawandtheworkplace.com
lawblogs.ca/category/labour-employment
lexblog.com/site/labor-employment-law-blog
louisianalawblog.com/category/labor-and-employment-law
michlaborlaw.com
palaborandemploymentblog.com
retaillaborandemploymentlaw.com
stoelrivesworldofemployment.com
swlaw.com/blog/labor-and-employment
thelelawblog.com
thenjemploymentlawfirmblog.com/category/new-jersey-labor-law
uaelabours.blogspot.com
wyattemployment.com/category/uncategorized/labor-law
blog.feedspot.com/labor_law_rss_feeds
A
List of Labor Law Websites at blog.feedspot.com/labor_law_blogs
archeremploymentlaw.com
bdlfirm.com/category/labor-and-employment-law-blog
bostonlawyerblog.com/category/employment-law
bsk.com/new-york-labor-and-employment-law-report
californiaemploymentlaw.foxrothschild.com
calpublicagencylaboremploymentblog.com/category/wage-and-hour-2
constangy.com/employment-labor-insider
denverlaborlaw.com/colorado-employment-law-blog
employmentlawwatch.com
fedemploymentlaw.com/blog
foley.com/en/insights/blogs/labor-employment-law-perspectives
genovaburns.com/publications/labor-law
healthemploymentandlabor.com
hospitalitylaboremploymentlawblog.com
laborandemploymentlawupdate.com
laboremploymentlawblog.com
labourandemploymentlaw.com
labourlawbox.blogspot.com
lawandtheworkplace.com
lawblogs.ca/category/labour-employment
lexblog.com/site/labor-employment-law-blog
louisianalawblog.com/category/labor-and-employment-law
michlaborlaw.com
palaborandemploymentblog.com
retaillaborandemploymentlaw.com
stoelrivesworldofemployment.com
swlaw.com/blog/labor-and-employment
thelelawblog.com
thenjemploymentlawfirmblog.com/category/new-jersey-labor-law
uaelabours.blogspot.com
wyattemployment.com/category/uncategorized/labor-law
blog.feedspot.com/labor_law_rss_feeds
No comments:
Post a Comment