I Got Fired

When dealing with a wrongful termination or compliance case, the WARN Act is often effective and used to evaluate the legality of the case. In this episode, Jessica Childress, managing attorney of the Childress Firm PLLC, explains what the WARN Act is and what triggers its effectiveness. Tom Spiggle and Jessica discuss how to know whether or not you are subject to the Act and how you can leverage it as an employee or employer. Join Tom in this conversation to learn more about how the WARN Act may benefit you.  Show Highlights:  What is the WARN Act and what is it for  How to know whether or not your layoff is subject to the WARN Act  What is a WARN notice supposed to include  Employee rights within the workplace to discuss with peers  The requirements for the WARN Act to be effective in businesses  What is a “mini” WARN Act or states different versions of WARN  Federal Causes of Action when the WARN Act is violated  What benefits can you receive from a WARN Act lawsuit  How to bring a claim under the WARN Act    Links:  Contact Tom:  https://www.spigglelaw.com/podcasts/parents-at-work/ For a copy of “You’re pregnant, You’re fired”- tom@spigglelaw.com  Contact Jessica:  (202) 204-2200 Jchildress@thechildressfirm.com  https://www.thechildressfirm.com Resources:  https://www.nela.org https://www.dol.gov

With the many economic shifts that are currently happening, it’s important to stay informed and active in your job searching. Today’s guest, Mark Anthony Dyson, is a professional career advice writer with an array of insight on the industry and how to find opportunities. Mark shares how you can participate in online discussions, resources to network, and how to expand your reach. Join this conversation with Tom Spiggle and Mark to learn more about the benefits of participating in online communities and how you can find job opportunities.  Show Highlights:  How is the current pandemic affecting the job market  The importance of maintaining conversation during distancing  How to get into jobs with low point entry and still get good pay  How to keep up with relevant pay and hiring data  The importance of staying active and joining industry groups  Virtual networking events and utilizing online discussion boards  Strategies to stand out to employers and the importance of follow-ups  Platforms to connect with employers and get job information  Making job searching a lifestyle   Links:  Contact Tom:  https://www.spigglelaw.com/podcasts/parents-at-work/ For a copy of “You’re pregnant, You’re fired”- tom@spigglelaw.com    Contact Mark:  https://www.linkedin.com/in/markanthonydyson https://thevoiceofjobseekers.com/voice-job-seekers-podcast/   Resources:  https://remote.co https://www.flexjobs.com https://www.job-hunt.org/work-from-home-jobs/work-from-home-remote-job-tools.shtml www.payscale.com https://www.glassdoor.com/index.htm

Divorce not only impacts your emotional and family life but can shift your work and daily life immensely. When going through a divorce, it is possible that those emotional shifts can drastically affect your work and financial situation. Today’s guest, Jenny Bradley, is a lawyer for Triangle Smart Divorce and is an expert on the complexities of divorce and remarrying with children. She discusses how divorce can impact an employment law case and how to keep divorce as private and seamless as possible. Join Tom Spiggle in this conversation to hear more about how you can maintain your career when going through a divorce and to further understand the leverage available to you in different employment law case circumstances.    Show Highlights:  Who is Jenny Bradley and what she does  What you should do if you’ve been wrongly fired due to going through a divorce How a nondisclosure agreement would affect a divorce  Procedures to keep divorce as private as possible  The benefits of making a financial plan with your spouse as opposed to taking it to court  Finding a job within a non-compete agreement  How to determine what’s important to share with your lawyer  The importance of affidavits in employment cases   Different angles to approach when the ex-spouses are also business partners  Leverage you could have in a non-compete agreement    Links:    Contact Tom:  https://www.spigglelaw.com/podcasts/parents-at-work/ For a copy of “You’re pregnant, You’re fired”- tom@spigglelaw.com    Contact Jenny:  https://trianglesmartdivorce.com https://www.linkedin.com/in/jennybradleyatty

Transitioning into a new job can take plenty of time, consideration, and planning. No matter what the circumstances are, it’s important to evaluate your current situation and goals going forward realistically. It can often be difficult to do this on your own, and that’s where Jason Levin comes in. Jason is a career coach, counselor, and founder of Ready Set Launch. Jason helps people who have recently been fired or left their jobs transition through the different phases from layoff to a new career. Jason shares many tactics to leverage your networking and efficient job search in this conversation with Tom Spiggle.    Show Highlights:  What got Jason into career coaching  What a market place looks like and what people should look for  The importance of processing a layoff before going into the market The difference between a fit, budget, and competency layoff  How social media has impacted job searching  Strategies to get your resume noticed  Finding great references and the importance of using positive body language for interviews  Incorporating things that bring you energy and happiness into daily life  How to decide whether or not you should take your first offer Why you should schedule reminders and follow-ups with employers  Navigating the urge to become an entrepreneur  Being self-aware about what you want in your career and workplace  How age can impact job searching    Links:  Contact Tom:  https://www.spigglelaw.com/podcasts/parents-at-work/ For a copy of “You’re pregnant, You’re fired”- tom@spigglelaw.com    Contact Jason:  Jason@readysetlaunch.net https://readysetlaunch.net

Today's show is another one in the series of podcasts that we created specifically for federal employees. These shows focus on the rights of federal employees, and also on tactics they can use if they are in trouble at work. Today, and for the following several shows in the series, we are pleased to have Rob Porter joining us. Rob is an attorney in our office with years of experience working with federal employees. On the show today, we are going to give an overview of the legal landscape of federal employees and we will be focusing specifically on how this differs, in important respects, from that of people employed in the private sector. Listen in today to find out what Rob has to share about this topic. Rob is a law graduate from the University of Chicago and he has been practicing law for more than ten years. For the past five or six years, he has been working as an employment lawyer, representing employees in the DC area where much of his time was spent representing federal employees. Listen in to find out more. Show Highlights: Rob explains the main difference between the experience of federal employees and that of people employed in the private sector.  The kind of rights and protection that federal employees have. How the constitution applies differently to federal workers and to those employed in the private sector. Why federal employees are different than private sector employees. The first amendment rights of the employees who were fired for attending the Charlottesville protests. The first amendment does not apply to private sector employees, so private employees can be fired for the things they say. How the first amendment restricts the government from limiting the speech of its employees. Rob explains what the EEOC (Equal Employment Opportunity Commission) and the MSBP (Merit Systems Protection Board) processes are. What happens at an EEOC hearing. How an EEOC hearing differs from one in the private sector. How the MSBP process, which is exclusively for government employees, works. When a federal employee can actually be fired. What a lawyer needs to know when representing an employee from the private sector, as compared with representing a government sector employee.               

Many Federal employees may find themselves drawn into an OIG investigation. The OIG is Office of Inspector General and every federal agency has one. They are housed within each agency but supposed to function independently from the agency. OIG's are powerful within each organization and they can investigate waste, fraud, and abuse within an agency. Once an investigation concludes, the OIG can refer a case to a prosecutor in the event that criminal charges are being filed. If you find yourself in a position of talking to an OIG agent without a lawyer initially, you may want to tune in to understand your next steps with Tom Spiggle and guest, Sara Kropf.  About Sara Kropf: Sara is an experienced trial lawyer who defends both individuals and companies. Before starting her firm, she was a partner in the Washington, DC office of Baker Botts LLP, where she represented both public and private companies as well as individuals. Her clients are often accused of serious wrongdoing, such as fraud or conspiracy, and many are targeted by the Department of Justice and the Securities and Exchange Commission. Show Highlights: What OIG is and why you should care  The Difference between an OIG investigation and discipline from your supervisor  Most agents are friendly  Warnings for an OIG investigation  Whether or not you should get a lawyer during an OIG investigation  The crime of making an unintentional false statement  Finding a lawyer with a white-collar criminal defense record  Outcomes and penalties of an OIG investigation  Fifth amendment rights and asserting them  The amount of time put into an investigation Publishing findings  Employment investigations that turn into OIG investigations  Using third parties for information  What happens if you quit during an OIG investigation  Government contractors with OIG  Resources: Www.Kropflaw.com  grandjurytarget.com https://www.nacdl.org

If you are a federal employee that loses a job, you have some very specific rights to ensure that you are treated fairly and that your termination was consistent with agency policies and procedures. If you feel that policies and procedures were not followed, then you may have an MSPB case on your hands. Most people have heard of the EEOC. It’s a federal agency that helps field complaints about discrimination in the workplace, retaliation and other injustices in the workplace. However, the MSPB (Merit Systems Protection Board) is a lesser-known entity that deals with the rights that federal workers have to due process. If you are fired, removed or suspended under certain circumstances, you may be able to file an appeal with the MSPB. Then you are entitled to a hearing to determine the validity of your complaint.  The MSPB is able to investigate whether due process has been followed in the termination. Clearly, these procedures mimic the legal systems, but they aren’t actually part of the court system. You don’t have the right to a jury, but you do have the right to have your complaint heard by an MSPB judge, who is also a Federal employee. It’s much more user-friendly than the EEOC. Listen in today as Rob Porter answers all your questions today! Show Highlights: What MSPB is  The difference between MSBP and the EEOC process  How your fifth amendment rights are implemented  How does an individual get to the MSPB How to file a complaint  Specialized court for federal employees  The easiest and cleanest way to win an MPSB case  The difficulties of winning a case without a lawyer  What happens after the initial conference with the judge  Minor pitfalls that can harm your case unintentionally  What happens after deposition  Preparing for the pre-hearing  How a hearing is executed  The difference between a chapter 43 and 75 case  How a judge rules on the case  Factors that decide if you can get reinstated after an MSPB case Resources: Spiggle Law

On today’s show, we’re continuing our series on discrimination claims and the Equal Employment Opportunity Commission (EEOC). Joining us on the show is one of our own-- Winthrop Hubbard of Spiggle Law Firm, who previously worked inside the EEOC and can give us insights. On part 1 of the series, we took a look at the broad view on how the EEOC operates, in part 2 we dove into the details on how to file a charge for a discrimination claim. This episode focuses specifically on the top 10 mistakes people make when filing a discrimination claim with the EEOC so you can avoid them in your own process.   If you feel like you’re on the receiving end of wrongful termination or workplace harassment due to discrimination, this is an important episode to tune in to so you know how soon you need to act and what steps you can take to protect yourself.     Originally from Washington state, Winthrop Hubbard is a graduate of University of Georgetown Law. He is currently working at Spiggle Law Firm and previously interned with the EEOC, in the private sector intake, during his time in law school.     More in this episode:   The top 10 mistakes people make regarding filing a charge with the EEOC The statute of limitations that exist for discrimination claims How to know if you’ve correctly filed a Form 5 with the EEOC Defining “retaliation” in the workplace When and why you should file an amended Form 5 Why you should consider taking an in-person interview How the mediation process works How to dispute allegations from your employer Why you should make a good impression with everyone you meet at the EEOC   Links mentioned in the episode:   Listen to Parts 1 and 2 on the EEOC here Spiggle Law Firm EEOC - Equal Employment Opportunity Commission    

On today’s show, we’re continuing our 3-part series on discrimination claims and the Equal Employment Opportunity Commission (EEOC). Joining us on the show is one of our own-- Winthrop Hubbard of Spiggle Law Firm. On part 1 of the series, we took a look at the broad view on how the EEOC operates, but in this episode, we’ll be diving into the details on how to file a charge for a discrimination claim. If you feel like you’re on the receiving end of wrongful termination or workplace harassment due to discrimination, this is an important episode to tune in to so you know how soon you need to act and what steps you can take to protect yourself.   Originally from Washington state, Winthrop Hubbard is a graduate of University of Georgetown Law. He is currently working at Spiggle Law Firm and previously interned with the EEOC, in the private sector intake, during his time in law school.     More in this episode:   The specific details on how to file a discrimination claim with the EEOC What a Form 5 charge is, and the ways you can complete one What specific information you should include in your claim Why it’s better to be specific, but brief, with your initial EEOC claim The most commonly-reported discrimination claim What you need to know before being interviewed at the EEOC Why you should consider EEOC mediation with your employer Tips for having a successful EEOC interview Internal insights on the EEOC’s claim filing processes How to request your right to sue if the process is taking too long to resolve   Links mentioned in the episode:   Spiggle Law Firm EEOC - Equal Employment Opportunity Commission MWELA - Metropolitan Washington Employment Lawyers Association      

On today’s show, we’re starting a 3-part series on discrimination claims and the Equal Employment Opportunity Commission (EEOC). Joining us on the show is one of our own-- Winthrop Hubbard of Spiggle Law Firm. If you feel like you’ve on the receiving end of wrongful termination or workplace harassment due to discrimination, this is an important episode to tune in to so you know how soon you need to act and what steps you can take to protect yourself.   Originally from Washington state, Winthrop Hubbard is a graduate of University of Georgetown Law. He is currently working at Spiggle Law Firm and previously interned with the EEOC, in the private sector intake, during his time in law school.     More in this episode:   What the Equal Employment Opportunity Commission (EEOC) is The process employees go through when filing a discrimination claim with the EEOC The 2 ways you can file discrimination claims and how long you have to do it The benefits of filing with either your state/county agency or the EEOC How filing an EEOC claim as a federal employee is unique What legislation protects employees from discrimination in the workplace (Title VII, ADA, ADEA, and GINA, Equal Pay Act) is and their places in discrimination claims How to find out if you’re covered by the EEOC How to know whether or not your employer needs to abide by the EEOC and Title VII protections What a joint employer relationship is and how it’s impacted by the EEOC What the EEOC doesn’t oversee or enforce, and who does What you can do if your statute of limitations is exhausted   Links mentioned in the episode:   Spiggle Law Firm EEOC - Equal Employment Opportunity Commission Avvo DOL - Department of Labor      

Today we are thrilled to have Rebecca Pontikes on the show and we are going to be talking about the issue of Consult Fees in Employment Law cases. We have discussed this issue before, in an earlier podcast, where we touched on it briefly with Jacob Small, but on today's show, we will be dealing with this issue exclusively. Listen in to find out more. Rebecca, who has a sharp bend towards women's rights, is a Plaintiff Side Employment Lawyer, based in Boston, where she only does Plaintiff's Employment Law work. The focus of her practice is on discrimination against care givers who are Moms and Dads who get penalized at work, because they have to care for either their kids, or their ageing parents. She also does a lot of work around sexual harassment and with Title Nine plaintiffs. In addition to that, she deals with the whole gamut of Employment work, especially with  Non-Compete Agreements, because in Boston they have a lot of health care and a lot of tech. Listen to find out what Rebecca has to tell you today, about the issue of Consult Fees in Employment Law cases.   Show highlights:   Rebecca talks about what a Title Nine case means and who would call her, in that regard. Rebecca explains why she charges Consult Fees. How Rebecca's work differs from that done by firms who advertise 'no charge' for their consultations. The definition of a consultation could vary, from one Law Firm to the next. Many Law Firms have their junior Attorneys, or even Para-Legals handle their consultations. Some of the difficulties with dealing with Employment Law cases that most people don't know about. There are some resources for the people who really can't afford a Lawyer. Avvo.com offers a low-cost service where they will find you a Lawyer. Why Rebecca is passionate about having Legal Services adequately funded. The National Women's Law Centre, based in DC, is offering a Gender Equity Initiative, with a network of  Attorneys who have agreed to take these discrimination cases. Why it would really be worth paying a Lawyer for a consultation. The National Employment Lawyers Association has a good list of Plaintiff Side Lawyers for you to use. On the Workplace Fairness website, they have a really good Q&A and helpful information for legal consumers and workers who have lost their job, or fear that they might lose it. (www.workplacefairness.org) Another resource, particularly for pregnancy and care giver discrimination cases, is the Centre For Work Life Law. (www.worklifelaw.org) They also have a hotline and some great resources.   Resources:   Rebecca's website: www.pontikeslawllc.com   

So you think you’ve got a case? Fantastic! Where do you start? For many, the process of finding a law firm for representation can be intimidating and confusing. Lawyers tend to speak their own lingo, and with a few simple tricks, you can pick it up too!      Today’s guest is Eric Bachman, an Employment Lawyer in the Washington area with experience in both the public and the private sector. Eric will share his experiences dealing with frustrated clients in regards to employment law. He will also share how firms sort through cases during intake in order to give you your best chances of being heard. Finding representation can feel like an uphill battle, but it doesn’t have to be! Give this episode a listen to learn even more!  Advice for those who are intimidated to call a law firm.  What to expect when you begin calling a law firm.  Troubleshooting common problems and misconceptions.  Digging through some of the “seemingly random” common questions law firms might ask.  Lawyers are getting limited info in intake calls.  Sorting through the common frustrations we face.    Resources Eric’s Blog https://www.glassceilingdiscriminationlawyer.com/   Zuckerman Law https://www.zuckermanlaw.com/  

So you got fired, or think you are about to be. Now what? Do you think you might have a wrongful termination case? Are you even qualified to try to get some compensation? Where do you even start? Since this can be a such a confusing and overwhelming time of transition, we wanted to get down to the business of finding representation. Let’s take the mystery out of the search. Attorney Jacob M. Small joins the conversation today to tell you what your first steps are after you are fired!    It’s no small task, but the solution is really simple. Find someone who knows their business, and feels confident about your case. We have more than a few practical ways to get you started, so listen to this week’s episode to get started.    More in this episode:     Getting a smart start for the process of reaching out to an attorney.  Resources you can use to find a NELA affiliated attorney.  Nuances between specialties in management firm and individual firms.  Know that firms use marketing.  Tips to finding a great attorney in your area.  What is a Local Counsel, and how could one help you?  How to take legal advice from a friend and a professional.  Yes, a consultation fee can be a good thing! Links    J Madison PLC  https://jmadisonplc.com/   To find an attorney near you http://nela.org/ https://www.mwela.org/  

This is the podcast for you if you’ve been fired recently or think you might be fired! Today’s guest is Edgar Ndjatou, who has been an employment lawyer in the DC metro area for the past 7 years. Edgar has an interesting background, being born in Cameroon and growing up in NYC, and has great advice about dealing with employment law. What you’ll hear in this episode: Where to start if you’ve been fired: Do you need a lawyer? “Buyer Beware” warnings about online legal information The importance of defining search terms for online legal research Employment lawyers: they represent either management OR employees What to look out for with case law situations Why you should research the offices of human rights in your state or local area Advice for federal employees The benefits of a well-informed client Edgar’s pro bono work and training classes Resources: Where to find Edgar: www.mnlawyerspllc.com Email: endjatou@mnlawyerspllc.com Phone: 202-290-3724 Look for Edgar on Facebook, Twitter, and Instagram, too! Resources mentioned in this episode: www.workplacefairness.com   www.eeoc.gov      www.avvo.com     www.opm.gov   www.pacer.gov www.nela.org www.nolo.com www.dol.gov   

Welcome to the first episode of the I Got Fired podcast! This show is for anyone who has been fired or feels they are about to be fired. This may be the only podcast dedicated to employees who are having problems at work. My ambition is to provide you with the information you need to deal with problems in the workplace. I’m Tom Spiggle, owner of the Spiggle Law Firm, located in the Washington, DC area. I know that employment law can be complicated, so I want to meet your acute need to understand your next steps and make the best educated decision.  Let’s talk about what you can expect from the podcast: The podcast will help you research and educate yourself about general and specific issues that are relevant to you We will discuss two of the major situations that could cause your firing: a “protected category”—under Title VII law, and a “noncompete” situation Guests will be featured who can give competent advice about employment law issues Some of the issues we will cover are how to contest a firing, equal pay, Fair Labor Standard Act, whistleblower and retaliation, and harassment Our objective is to even the playing field so you can make the best choice from the options available People are usually surprised to learn that many steps you can take DON’T involve hiring a lawyer, filing a motion in court, or having to talk to your employer We want to answer questions, give hope, and get you on to the next stage of your life! Resources: www.spigglelaw.com/podcast/Igotfired