What are your career goals for 2023?

Now that 2023 is here, it's time to think about resolutions and goals.  At Woolf Law Firm, we are dedicated to helping you protect your workplace rights and your career.  Here are some guidelines to think about when creating career goals for this year.

1. What's your objective?

Think about what you'd like out of this year.  Are you in a dead-end job, or have you just found yourself unexpectedly on the job market?  Think about your current (or last) job.  What worked? What didn't?  While it's unlikely that you'll find yourself gleefully skipping into work everyday, think about what kind of job environment would make you happy.  Are you currently in a job environment that is toxic or discriminatory?  Think about what steps you can take to begin to remedy the situation. 

2. Be specific. 

Once you've determined your career objective for this year, create specific goals to reach that objective.  You're more likely to reach a goal that's narrow and specific (e.g., I will turn my weekly reports in on time for the next month) as opposed to a lofty, general goal (e.g., I will be the best employee). 

3. Think about professional development. 

Professional development can mean a variety of different things.  Is there a company-wide class or training available to you?  Can you work toward getting a certificate or degree that will assist you in reaching your ultimate goal?  In contrast, professional development can also be as informal as having a chat with your supervisor, reading up on your company's goals, plan, and vision, or making a new professional contact.

4. Focus on relationships.

Many of our clients have just been unjustly terminated or have experienced unfair treatment at the workplace.  When these kinds of events occur, it's helpful to rely on relationships to get you through a difficult situation.  Whether it's your family, friends, or professional contacts, these individuals can help you transition to the next step in your career.  Plus, you never know if a professional contact at a prior job can help you reach a career goal or find a new position.

5. Review your social media presence.

Your social media presence can have a negative, neutral, or positive impact on your current job and your career goals.  Ensure that your posts, pictures, and comments have a positive effect, or at least a neutral one.  Many employees have found out the hard way that negative comments or inappropriate remarks on social media can create problems in the workplace.  Cleaning up and reviewing your online presence is a simple thing you can do to help meet your career goals in 2020. 

We wish you the best for 2023!  Contact us to discuss your workplace concerns.

It's the holiday season!

And that means you're probably getting ready to attend your office holiday party.  The New York Times has a handy guide on how to keep your office party from ruining your career.  Here are a few of the highlights:

1. Limit your alcohol intake.  Having a few drinks is fine, but imbibing too much and potentially letting loose about all the problems in the office is a recipe for disaster.
2. Use the party to network.  Is there someone in your office you haven't met yet?  Is there a supervisor or manager you'd like to work for?  Use party time to have a casual conversation with that person.
3. Follow the rules.  If your boss sets expectations for the party, make sure your behavior aligns with those expectations.  In other words, if you get a drink ticket for two drinks, don't ask the bartender for more. 
4. Don't use the party as a sounding board. If you have complaints or concerns about your workplace, the holiday party is probably not the best place to bring those up.  Table the issue and bring it up with your supervisor or someone in Human Resources the following week.
5. On the other hand....  If someone acts inappropriately toward you at the party, speak up. There are countless stories of coworkers and managers having too much to drink and making a pass or saying something inappropriate.  Let them know (in a respectful way) that their behavior is not okay, and be sure to mention the issue to a supervisor or to someone in Human Resources (again, as respectfully as possible).

We hope you enjoy the holiday season and have as much fun as you can at your office holiday party!

We don't advise this...

Michael Stuban was about to retire from a 35-year career with the Pennsylvania Turnpike Commission a few weeks ago, and the only administrative issue left was to submit an exit questionnaire to the Human Resources Department. 

On the questionnaire Mr. Stuban let loose, complaining that workers were often left in the dark about management changes and other issues, and that despite his supervisors' claims, open positions were filled based on politics and not merit.  He went on to say that morale was low and his supervisors were out of touch with employees.

Instead of submitting this questionnaire directly to HR, Mr. Stuban hit "reply all" and sent it to 2,000 of his fellow coworkers.  The email also went to the chairman of the Turnpike Commission, a former Pennsylvania state senator.  The chairman wasn't pleased, telling Mr. Stuban that he was glad they never met.  Ouch.

We know you've probably felt like ranting about the problems at work, but we really don't recommend Mr. Stuban's approach.  He hit "reply all" just minutes before his official retirement, so it didn't affect him too much.  That wouldn't be the case with everyone. 

When you have legitimate work concerns (for example, you are being treated unfairly based on some protected characteristic -- pregnancy, disability, gender, race, etc.), speak out.  But do it in a way that's respectful and in line with your company's policies and procedures.  Go to your supervisor, another member of management, or the Human Resources Department.  If you're in the state of Georgia, record your conversation (but remember to obey your employer's policies on this).  While Mr. Stuban may have felt so satisfied by sending in that exit questionnaire, if he wasn't retiring within the next hour, he likely would have felt some serious repercussions.  You can read Mr. Stuban's full story here.

Contact us today to discuss your workplace concerns.

Job Loss Checklist

Losing a job can be a troubling and stressful experience.  We've put together a list of things to consider if you've been terminated.

1. Listen. In the termination meeting, listen carefully to what your employer has to say.  Ask questions, but be respectful.  Record the meeting if you have the opportunity (but be sure to obey any policies your employer may have on recording in the workplace).  
2. Don't burn bridges. Although you may feel like your termination was unfair, wrong, or even illegal, don't burn bridges with your prior employer.  When your employer informs you of your termination, try to be as respectful as possible and don't make a scene.  Don't give your employer any ammunition for the future.   
3. Take some time. Losing your job can be unsettling.  Take some time (even if it's just a day) to gather your thoughts, regroup, and plan for the future.
4. Healthcare. If your employer offers COBRA, you may be able to continue your healthcare coverage for up to 18 months after your termination.  COBRA applies to employers with 20 or more employees, and your employer should provide you with a notice explaining your rights under the law.  You have 60 days to elect coverage and if you do so, the coverage will be retroactive back to the date of your termination.  COBRA coverage can be expensive.  If you've got other options (like a spouse's healthcare plan or coverage under the Affordable Care Act), consider those as well, but know that you typically only have 30 days after you've lost your own coverage to obtain coverage under another plan. 
5. Retirement Benefits. Ask your Human Resources or Benefits Coordinator for a Summary Plan Description (SPD) for any retirement benefits (401K, pension, profit-sharing, etc.) you had with your employer.  The SPD should provide information on what options you have in the event of job loss. 
6. Finances. Take a look at your financial situation and cut back on unessential expenses.  Cut your cable cord, cancel your gym membership, and stop eating out. 
7. Contact your Creditors. Call your creditors and let them know you've lost your job.  Often, they will work with you to find a payment schedule that works.  Consider unemployment insurance for car and mortgage payments.  You may be able to defer some loan payments, like student loans, until you get a new job.
8. Unemployment Benefits. File for unemployment.  Be aware that any unemployment benefits you are entitled to will not begin until after the end of any severance period.
9. Job Search.  Networking is the best way to find a new job, so polish your resume and start contacting friends, family, and others who may be able to help you.
10. Legal. If you believe you have a claim against your prior employer, gather your timesheets, pay stubs, performance reviews, and any other documents you have that could be pertinent to your claims.  Sit down and make a detailed timeline of all relevant events (be sure to cover the who, what, when, where, and whys of how your termination came about).  This will be very useful for any attorney you decide to contact. 

You can find more resources here, here, and here.  If you feel as though your termination occurred because you experienced illegal discrimination or spoke out about illegal discrimination, contact us to talk about your options today.

So you're still thinking about that severance package...

Last week, we wrote about some basic things you should consider when you are handed a severance package from your employer.  We mentioned the Older Workers Benefit Protection Act ("OWBPA"), and this week we're digging into the details of your rights under the OWBPA. 

The OWBPA is part of the Age Discrimination in Employment Act, which protects workers who are 40 and older from age discrimination.  The OWBPA provides workers over 40 with extra protection in the context of waiving age discrimination claims in a severance agreement.

To be effective, the OWBPA requires all waivers to be "knowing and voluntary."  In other words, for the employer to be successful in getting you to waive any age discrimination claims you may have against it, the request for you to release your claims must:

• Be in writing;
• Be easily understood (no legal jargon);
• Refer specifically to the ADEA;
• Not require you to raise any claims that may come up any time after you sign the agreement;
• Be in exchange for something of value to you (the severance payment or some other benefit to you);
• Give you 21 days to consider the offer; and
• Give you 7 days to revoke the offer after you've signed it.

When employers terminate two or more employees (a "reduction in force") and either of those employees is over 40, the OWBPA provides even more protection to older workers.  The employees must be given 45 days to consider the agreement, not 21 (the 7-day revocation period remains the same).  In addition to giving the employees more time to consider the agreement, the employer must also provide all older workers with the following info:

• The unit of people who are covered by the reduction in force (the department or group that's being let go);
• The eligibility factors for the program (what criteria are they using to decide who stays and who goes);
• The job titles and ages of everyone who is being terminated; and
• The ages of employees who aren't being terminated.

The OWBPA only applies to claims of age discrimination, not any other potential claims.  And employers can put provisions in the severance agreement limiting your review period (for example, stating that negotiations do not restart the 21-day review period, or that the revocation right only applies to your age claim, not the entire agreement).  As you can see, things get complicated if you're being laid off as part of a reduction in force.  Contact us if you've received a severance package and need help. 

So you just got a severance package...

What should you do? 

1. Timing. Find out how much time you have to consider the agreement.  If you're over 40 years old, your employer will likely give you 21 days to consider the agreement (because of the Older Workers Benefit Protection Act), and then you'll have 7 days after you sign to revoke the agreement if you change your mind. 

If you're under 40, your employer can set an arbitrary deadline for you to return the agreement (whether you decide to sign it or not).  We have seen deadlines as long as 30 days and as short as 7 days (normal days -- not business days).  If you need more time, ask for it.

2. Severance Benefits. Is your employer offering you something in addition to your last paycheck?  If so, how was that amount calculated?  If you're being laid off as part of a reduction-in-force, your employer is likely using a formula to calculate severance benefits, but if you are the only employee facing termination, your employer is likely picking a number out of the air. 

3. Claims. Do you have any potential claims against your employer?  Without a doubt, any severance agreement will contain a release of any claims you may have arising out of pretty much any aspect of your employment.  Ask yourself if you're possibly releasing a claim that you may want to assert in the future, like discrimination or retaliation.  Some employers have also written releases so broad that the release may affect your ability to assert a claim against the employer's insurance carrier.  In light of this, it's best if you get an attorney to review the agreement.  Even if you're not ready to file suit against your employer, you may be able to use your potential claim in your severance negotiations.

4. Fringe Benefits.  Do you have a 401K with your employer?  Stock options?  Paid vacation or sick leave? Ask what will happen to these benefits in light of your termination. 

5. COBRA. Your severance package should contain information regarding your right to continue insurance coverage under the Consolidated Omnibus Budget Reconciliation Act of 1995 ("COBRA").  Typically, COBRA allows you to continue medical coverage under your employer's plan for up to 18 months after your termination.  But if you're paying the entire premium out of your pocket, that can get pricey.  Consider asking your employer if it will cover all or a portion of your continuation premiums.

6. New Obligations.  Check to see if the severance agreement contains any provisions addressing non-solicitation, non-competition, or non-interference.  Depending on where your career takes you next, these new obligations can be a hindrance and you need to be aware of what you're promising by signing the agreement. 

7. Contact a Lawyer. As you can see, there are a number of considerations when you are faced with a severance package.  We are experienced in reviewing these types of documents, so contact us to discuss your options.

Election day is almost here!

No matter who you are supporting in the upcoming election, I think we can all agree that we'll be glad when Election Day has come and gone.  Making your voice heard by voting is extremely important, and so is keeping your job.  So what if you have to work on November 8?  Here are your options:

1.  Early voting.  If you don't even want to ask your boss about taking time off, vote before Election Day gets here.  If you're in Georgia, you can find more information about early voting here.  If you're in Chatham County, check out this website for more information on where to go vote before November 8.

2.  Time off.  Georgia has a statute that provides employees two hours off work to go vote on Election Day.  However, there are some restrictions on this right.

• You have to give your employer "reasonable notice."  Don't tell your boss you're leaving to vote 5 minutes before you head out the door.
• Your employer can control when you get time off to vote.
• Your employer does not have to pay you for the time you take off to vote.
• If your shift starts at least 2 hours after the polls open or ends at least 2 hours before the polls close, you don't get the time off.

South Carolina and Florida do not have similar laws, so employees in those states need to count on early voting or squeezing in the time to vote before or after work.  Employers in Florida, however, are prohibited from punishing or firing an employee for voting (or not voting) in an election.  Make sure your voice is heard and your shift is covered.  Plan ahead for November 8 and contact us with your employment law questions.

An Ice Cold Pint of ... Age Discrimination?

Nearly everyone who watches TV is familiar with the "Most Interesting Man in the World" commercials from Dos Equis beer.  For nearly a decade, these commercials have opened with witty lines about the man's good looks, charm, and all around appeal and have ended with the line, "Stay thirsty, my friends."

Until a few months ago, the Most Interesting Man in the World (it feels like that deserves capitalized letters) was Jonathan Goldsmith, aged 77.  In March, Dos Equis sent him on a one-way trip to Mars.  Dos Equis denied that Mr. Goldsmith "aged out" of the role, but the company spokesperson admitted that the change was made in an effort to attract younger beer drinkers. 

In the past few weeks, Dos Equis announced that it has decided to replace Mr. Goldsmith with 41-year-old French actor Augustin Legrand. 

Does Mr. Goldsmith have a case?

The Age Discrimination in Employment Act ("ADEA") prohibits discrimination against employees who are over 40 years old and work for employers with 20 or more employees.  Several years ago, the Supreme Court upped the ante on what a plaintiff has to show to establish age discrimination, meaning that an employee must show that age was the reason for the adverse employment action (here, the trip to Mars), and not just one of several factors behind the employer's decision.

Despite the fact that these cases are more challenging to prove than other types of discrimination cases, employers are still not allowed to favor younger workers over older ones.  An individual claiming age discrimination must show that he's over 40, that he has suffered an adverse employment action, that he was qualified for his job, and that he was replaced by a substantially younger employee.  Mr. Goldsmith can check all those boxes, meaning that the burden of proof shifts to Dos Equis to produce a legitimate, nondiscriminatory reason for Mr. Goldsmith's trip to Mars.  The company has failed to do so.

When asked why Mr. Goldsmith was being forced out, Dos Equis' spokesperson stated:

Mr. Katz added that the meaning of the word “interesting” has “obviously evolved over time” and that millennials in particular “value different things” than other generations. To underscore that, Dos Equis said it had conducted a survey in February of about 1,000 men ages 21 to 35, in which 84 percent of respondents said that “what is interesting today is different from what was interesting a decade ago.”

Read the full article here.  (Notably, Dos Equis not only discriminates against its older workers, but also apparently focuses its research only on male beer drinkers.)  If Mr. Goldsmith were interested in pursuing an age discrimination claim, there's a strong chance a jury would find that Dos Equis discriminated against him on the basis of his age. 

Stay thirsty, I guess.

Can I say that at work?

Maybe.  Everyone has an opinion on politics, and given the current political environment, discussions of politics are getting more heated than usual.  The First Amendment gives you the right to free speech, but that right doesn't necessarily extend to everything you say in the workplace. 

While some states have laws prohibiting employers from taking an adverse action against an employee based on the employee's political affiliation, Georgia isn't one of those states.  So, private employers in this state have a lot of leeway in controlling or punishing political speech on the clock. 

However, given the nature of some key political issues this year (immigration, separation of church & state, anti-terrorism measure, etc.), some political discussions can skirt the line of anti-discrimination laws.  

Here are some other things to remember in our current political landscape:

1. Generally speaking, the First Amendment only protects your right to free speech without interference by the government, but not anybody else. 
2. Your employer (if you work for a private company) can likely prohibit or restrict political conversation in the workplace while you're on the clock. 
3. Your employer can't control what you say off the clock (or on social media), but remember that what you post online is public and may cause repercussions at work.
4. You have the right to engage in "concerted activity" to better the terms and conditions of your employment (thanks to Section 7 of the National Labor Relations Act), and this right exists whether you're part of a unionized workplace or not.  You must be either acting together with a coworker or on behalf of your coworkers to be covered by this provision. 

There are a few other instances where your speech may be protected at work.  If you're objecting to illegal activity in the workplace, you may be a protected whistleblower.  And if you're speaking out against illegal discrimination on the basis of race, sex, religion, national origin, disability, age, pregnancy, or some other protected class, you are protected against retaliation by federal law. 

Contact us to discuss your rights in the workplace. 

Word to the Wise: Don't Retaliate in Your Job Ads

This morning someone sent me a Facebook job ad.  It's for a Mexican restaurant in Macon, Georgia, and the folks in charge at that restaurant are apparently very concerned about litigious employees.  In fact, they are so concerned that they included "No lawsuits against your former employers!!" as one of the job requirements.  No, seriously.  Here's the post:

I hate to break it to Margaritas, but that's not okay.  Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act and several other workplace laws extend protections to applicants as well as employees.  That means that employers may not retaliate against applicants who have engaged in "protected activity" as defined by those statutes, and "protected activity" would include filing a lawsuit. 

Not only is this a likely violation of several federal anti-discrimination laws, it also should be a red flag for potential employees.  If this employer was truly concerned about providing a non-discriminatory and non-retaliatory environment, an applicant's prior litigation history shouldn't be a concern.  

Many of our clients worry about the effects of a lawsuit on their future employment prospects, and this ad sadly shows why they are sometimes justified in those concerns.  Workplace laws are in place to prevent discrimination, harassment, and retaliation.  Employees should not be afraid to step up and protect their right to work in a fair and non-discriminatory environment. 

Here's the full Facebook post:

Whether you're looking to work for an employer like Margaritas (which I don't recommend, but hey everyone needs a job), or your current employer has retaliated against you, it's best to talk to an attorney.  Contact us to talk about your workplace rights today.