Our E-Newsletter (NL) and Q&A (QA) Library


A. Negotiation Pointers
B. Job Offers, New Jobs and Promotions
C. Salary, Raise, Bonus, Compensation
D. Benefits, Pensions and Perq’s
E. COBRA and FMLA
F. Agreements and Contracts
G. Job Security
H. Non-Compete's and Trade Secrets
I. Retaliation and Speaking Out
J. Performance Improvement Plans
K. Discrimination, Harassment & Hostility
L. Resigning from Your Job
M. Retention Bonuses & Agreements New!!
N. Fired, Downsized or Laid Off
O. Severance Packages
P. References and Recommendations
Q. Repayment Obligations New!!
R. Responding to "Why did you leave?"
S. Arbitration and Mediation
T. Disputes and Resolving Them
U. Unemployment Benefits
V. Overtime, Commissions and Unpaid Wages
W. Employment Info and Insight
X. Inspiration, Encouragement, Motivation
Y. How to Deal with Attorneys
Z. Going Out on Your Own

A. Negotiation Pointers

"Master a trade and God will provide."
The Midrash (Jewish Book of Biblical Interpretation)

  1. NL 1: “‘Positional Leverage’ in Workplace Negotiating”
  2. NL 2: “New Job, First Week – Seven Questions You Should Always Ask”
  3. NL 3: “Private Equity Buying Your Employer? Resist These 11 Employment Negotiation Tactics”
  4. NL 4: “Recording Conversations with Your Boss or HR” What You Need to Know
  5. NL 5: 10 Simple Phrases That Give You Leverage with Your Boss
  6. NL 6: A Negotiating Story – “Monticello”
  7. NL 7: Appearing “High Maintenance” Can Hurt Your Career
  8. NL 8: Dealing with Deadlines in Workplace Negotiating – Focus on “The Four Flexible Features”
  9. NL 9: Don’t be too Rational . . . It’s not Logical.
  10. NL 10: Five Negotiation Lessons From the Movie “The Social Network”
  11. NL 11: Five Simple Thoughts About Effective Workplace Negotiating
  12. NL 12: For Discussions with Your Boss: Your SkloverWorkingWisdom™ CheckList
  13. NL 13: Hey, It’s July – Time to Re-Assess Your Unique Human Capital
  14. NL 14: Hiring, Promotion, Raises – The Three Decisive Factors
  15. NL 15: How to Respond to “Take It or Leave It” In Employment Negotiations
  16. NL 16: In Negotiating with Your Boss, What You Want/Need/Deserve Is Not Most Important
  17. NL 17: Interviews and Meetings – How to Look Smart
  18. NL 18: Kids are the Best Negotiators – Learn from Them.
  19. NL 19: Knowing When It’s Time to Simply “Fold ‘Em”
  20. NL 20: Locating Leverage with Your Boss
  21. NL 21: Make a “Go File” . . . Pleeeeeze
  22. NL 22: Negotiating Employment with a “Private Equity” Firm – 7 Surprises to Expect
  23. NL 23: Negotiating Equity Comp by “Minimum Value”
  24. NL 24: Non-Compete or Non-Solicit? Use “C.A.T.C.H.” to Understand It
  25. NL 25: Online Courses: Career Advantage, Forever
  26. NL 26: Overcoming Your Fear Of Negotiating At Work
  27. NL 27: Promise Received at Work? Ask These Two Critical Questions
  28. NL 28: Seven Rules to Ensure Successful Negotiation Meetings
  29. NL 29: Sklover’s Thought for the Work Week
  30. NL 30: Sklover’s Thought for the Work Week
  31. NL 31: Sworn Affidavit – Powerful Tool to Resolve Workplace Disputes
  32. NL 32: Ten Very Goofy Things Employment Lawyers Tell Clients
  33. NL 33: The Bill O’Reilly Debacle – Its Most Important Negotiating Lesson for Employees
  34. NL 34: The Surprising Power of Simple Appreciation – A Negotiator’s Secret
  35. NL 35: Two (or More) Job Opportunities? – 18 Elements of Comparison – [Part 1 of 2]
  36. NL 36: Two (or More) Job Opportunities? – 18 Elements of Comparison – [Part 2 of 2]
  37. NL 37: When Negotiating at Work, “Words NOT for the Wise”
  38. NL 38: When Office-Negotiating, Put the “Power of Purpose” in Your Pocket
  39. NL 39: With Your Boss, It Pays (and Pays Big) to be Tactically “Polite” at Work
  40. NL 40: Workplace Negotiating Insight No. 10: No Road Signs
  41. NL 41: Workplace Negotiating Insight No. 1: It’s Not What You Do at the Table, It’s What You Bring to It
  42. NL 42: Workplace Negotiating Insight No. 5: Email is Your Faithful Friend
  43. NL 43: Workplace Negotiating Insight: Always Bear in Mind Who Called Who?
  44. NL 44: Workplace Negotiating Insight: Less is More
  45. NL 45: Workplace Negotiating Insight: Shutting Down Communication
  46. NL 46: Workplace Negotiating Insight: Sweet or Sour
  47. NL 47: Workplace Negotiating Insight: The Moving Target
  48. NL 48: “At Work, Always Look a Gift Horse in the Mouth”
  49. NL 49: “Background Check” Provision – A Risk to Reduce or Eliminate Entirely
  50. NL 50: “Going to Be a Change Agent? – Get a Clear and Strong Mandate First.”
  51. NL 51: “If You Sign Something At Work, SAVE A COPY” – A Critical Workplace Negotiating Insight
  52. NL 52: “Motivate Before You Monetize” – A Workplace Negotiation Pointer
  53. NL 53: “Need a Work Document from HR? Afraid to Ask? – Here’s How”
  54. NL 54: “Problem Not Yet Solved; What’s My Next Step?” Your Five Alternative Next Steps
  55. NL 55: “To Persuade, First Agree” – A Critical Negotiating Insight
  56. NL 56: “Umbrella Negotiating” – Best Response to Private Equity “Hurricane Tactics”
  57. NL 57: “Want a Raise? – Here’s How to Ask”
  58. QA 1: “Any thoughts about dealing with the fear of rejection regarding work?”
  59. QA 2: “Can I reverse my company’s decision to outsource my work?”
  60. QA 3: “Followed your PIP method. Didn’t work. What next?”
  61. QA 4: “How can I convince an employer to hire me who believes it would be too risky?”
  62. QA 5: “How can I diplomatically ask why I did not receive a workplace Award?”
  63. QA 6: “How can I make a request or complaint without seeming like a constant complainer?”
  64. QA 7: “How do I ask a new employer for an equity stake?”
  65. QA 8: “I fear the consequences of filing a complaint; any suggestions?”
  66. QA 9: “If a job offers a certain pay, can I negotiate that?”
  67. QA 10: “Is asking for a guarantee of an employer’s obligations – as mentioned in your Master Employment Checklist – realistic?”
  68. QA 11: “Should a young professional who likes his job change jobs for 50% more pay?”
  69. QA 12: “Should I get extra compensation for extra services and extra success by my employer?”
  70. QA 13: “Should I respond in my “PIP Meeting” or after, in writing?”
  71. QA 14: “What if my former employer ignores my filed discrimination complaints?”
  72. QA 15: “Will using an attorney to negotiate make things worse?”
  73. QA 16: “Work in New Jersey; employer in Massachusetts. Which state’s lawyers can help me?”
  74. QA 17: “How can I get a copy of a document I signed and gave to my former employer?”
  75. QA 18: “How can I make my employer open emails I send him complaining about Human Resources?”
  76. QA 19: “I work for a charity. Can I be forced to contribute to it?”
  77. QA 20: “In negotiating my severance, can I use as leverage the fact that I know how much different employees are paid?”
  78. QA 21: “Resign or Be Terminated. What should I do?”
  79. QA 22: Sklover’s Thought for the Work Week
  80. QA 23: What, Exactly, is “Negotiating at Work?”
  81. QA 24: Workplace Negotiating Insight No. 14: Don’t Trust Promises from Those Who Don’t Honor Them
  82. QA 25: Workplace Negotiating Insight No. 15: “Standard Language” . . . There’s no such thing.
  83. QA 26: Workplace Negotiating Insight No. 1: It’s Not What You Do at the Table, It’s What You Bring to It
  84. QA 27: Workplace Negotiating Insight: Less is More
  85. QA 28: Workplace Negotiating Insight: Shutting Down Communication
  86. QA 29: Workplace Negotiating Insight: Sweet or Sour
  87. QA 30: Workplace Negotiating Insight: The Moving Target

B. Job Offers, New Jobs and Promotions

"A bashful beggar has an empty purse."
Hungarian Proverb

  1. NL 1: “Hey it’s October . . . It’s Time to Re-THINK Your Resume”
  2. NL 2: “Sorry, but you are overqualified.” – Here’s a way past that.
  3. NL 3: “Thanks (Sort of) for the Rejection” – May Actually Be a Good Idea
  4. NL 4: “What Salary Do You Seek?” The Four Smartest Responses
  5. NL 5: Cancer, Job Applicants & the Law – Eight Most Common Questions Answered
  6. NL 6: Continuing Indemnity – A Key Objective for Corporate Officers
  7. NL 7: Did You Read about Glassdoor.com . . .?
  8. NL 8: For a Raise or Promotion, Use “Triggers of Value.”
  9. NL 9: Have a ‘Pre-Existing Creation?’ Protect it in Interviews and Job Offers
  10. NL 10: Heard a Recruiter is Shopping Your Job? Here’s Nine Suggested Steps
  11. NL 11: Hey, It’s November . . . It’s Time to Gather “Value Proven” Letters
  12. NL 12: Interviews and Meetings – How to Look Smart
  13. NL 13: Job Offer Letters – What to Look For – What to Look Out For
  14. NL 14: Make Sure You are “Attired to be Hired”
  15. NL 15: Nervous About an Upcoming Job Interview? Just Focus on the “Three Interview Objectives”
  16. NL 16: New Graduates Should Seek “The Three Ex’s”
  17. NL 17: The Best-Ever “Internship-Wanted” Letter – Seven Thoughts to “Open the Door”
  18. NL 18: Theft at Interviews: Seven Prudent Precautions
  19. NL 19: Top 10 Worst Job-Change Expectations
  20. NL 20: Two (or More) Job Opportunities? – 18 Elements of Comparison – [Part 1 of 2]
  21. NL 21: Two (or More) Job Opportunities? – 18 Elements of Comparison – [Part 2 of 2]
  22. NL 22: Use Our “HR Interview Memo” To Prevent New-Job Problems
  23. NL 23: Your “Employment Values” – Why Take (or Stay in) This Job?
  24. NL 24: “Best Excuses to Attend Job Interviews” – Five Guidelines for Choosing Yours
  25. NL 25: “Employers Seek Job Candidates with Empathy – A Critical, Yet Scarce, Attribute”
  26. NL 26: “Going to Be a Change Agent? – Get a Clear and Strong Mandate First.”
  27. NL 27: “Integration” or “Entire Agreement” Clause – Nothing Spoken Counts
  28. NL 28: “Motivate Before You Monetize” – A Workplace Negotiation Pointer
  29. NL 29: “Need a Work Document from HR? Afraid to Ask? – Here’s How”
  30. NL 30: “What is NOT Confidential Information –
    10 Guidelines for Resumes, Interviewing and Online Chatter”
  31. QA 1: “Any suggestions for getting a Promotion or Raise?”
  32. QA 2: “Background Check done incorrectly – anything I can do?”
  33. QA 3: “Can a prospective employer ask if I smoke, or if I have a mortgage?”
  34. QA 4: “Can employers require medical information from job applicants?”
  35. QA 5: “Can I ‘un-accept’ an accepted job offer?”
  36. QA 6: “Can I prevent prospective employers using my resume to get business without hiring me?”
  37. QA 7: “Can my present employer ask a prospective employer not to hire me?”
  38. QA 8: “Eight positive reasons to explain frequent job changes.”
  39. QA 9: “Good responses to interview questions about how I would best manage people?”
  40. QA 10: “If an agency introduces me to an employer, can I take a different job directly with the employer?”
  41. QA 11: “If I am offered my dream job, but my teaching contract says I can’t leave, how do I handle it?”
  42. QA 12: “If, during the interview process, facts change, should I tell those interviewing me?”
  43. QA 13: “Is it OK to ‘deflate’ my resume?”
  44. QA 14: “Prospective employer broke its promise to pay interview-related expenses. What should I do?”
  45. QA 15: “Any ideas on how I can get a promotion, despite my relative youth?”
  46. QA 16: “Can an employer require employees to relocate for a promotion, and refuse to promote them if they don’t relocate?”
  47. QA 17: “How can I ‘un-accept’ a promotion after I accepted it?”
  48. QA 18: “How can I get my employer to give me a promotion I have earned?”
  49. QA 19: “I was promised a promotion, and given the higher-level duties, but have been denied the better title and pay. What do I do?”
  50. QA 20: “I’ve been offered a promotion I’m not sure I want. What do I do?”
  51. QA 21: Can an employer simply withdraw a job offer?
  52. QA 22: Can An Overstated Resume Result in Firing?
  53. QA 23: Did You Read about Glassdoor.com . . .?
  54. QA 24: Negotiating a New Job: How Do I Begin?
  55. QA 25: New Job, New Industry, Leaving Friends: Is It Worth It?
  56. QA 26: Workplace Negotiating Insight No. 14: Don’t Trust Promises from Those Who Don’t Honor Them
  57. QA 27: “Any ideas on how to deal with a recruiter who seems to be sabotaging my job search?”
  58. QA 28: “Can a job offer be rescinded if my new employer finds out I was terminated from my previous employer?”
  59. QA 29: “Can an employer take back a job offer, even after I accepted it? Do I have any recourse?”
  60. QA 30: “Can I decline a job offer I already accepted without ‘burning bridges?‘”
  61. QA 31: “Can my employer contact another company to find out if I have interviewed with them?”
  62. QA 32: “How can I figure out why I am not being hired”
  63. QA 33: “How can I get my employer to honor the salary offer it made when I was hired?”
  64. QA 34: “How can I protect a ‘value proposition’ when interviewing in the advertising industry?”
  65. QA 35: “How can I stop my resume from being used for unauthorized purposes?”
  66. QA 36: “How do I explain job loss after a personal tragedy made me lose focus?”
  67. QA 37: “How long should I wait to hear from an employer about a pending job offer?”
  68. QA 38: “How much should I ask for as a bonus for increased sales? How about asking for an ownership interest in the company?”
  69. QA 39: “How should I respond to a Job Offer being placed ‘on hold?’”
  70. QA 40: “How should I respond to a request for an Exit Interview?”
  71. QA 41: “I Need to Transition to Another Employer. . . Can You Help?”
  72. QA 42: “I previously sued an employer. How can I explain that on my resume and interview?”
  73. QA 43: “If a job offer was withdrawn, do I have a claim to be compensated?”
  74. QA 44: “If I accepted an offer of employment, and then a week later turned it down, can that company sue me or stop me from going to a different company?”
  75. QA 45: “If my offer letter states three different ways to pay me, which one is right?”
  76. QA 46: “Is it wise to resign because promotion was denied, and without a new job?”
  77. QA 47: “I’m interviewing for a new job, and I’m three months pregnant. Do I have any obligation to tell my interviewers?”
  78. QA 48: “I’m seeking a promotion, without success. My boss says only HR can promote. What do I do?”
  79. QA 49: “My job offer was withdrawn, after I quit my old job. What can I do?”
  80. QA 50: “What do I do after three weeks on the job, and I realize it is not the job for me?”
  81. QA 51: “When interviewing for a new job, if I am asked about my pending lawsuit against my former employer, what do I say?”

C. Salary, Raise, Bonus, Compensation

"Don't put it in my ear, but in my hand."
Russian Proverb

  1. NL 1: “What Salary Do You Seek?” The Four Smartest Responses
  2. NL 2: Bonus or Raise Disappointing? Consider These Alternative Forms of “Compensation”
  3. NL 3: Clawback – Key Words & Phrases
  4. NL 4: Commissions: What Happens When You Leave?
  5. NL 5: Did You Know That . . . Employer-Paid Moving Expenses are Now Taxed as Employee Income?
  6. NL 6: For a Raise or Promotion, Use “Triggers of Value.”
  7. NL 7: Four Key Trends in Executive Compensation
  8. NL 8: Good Leaver – Key Words & Phrases
  9. NL 9: Here it is, September . . . Time to Put Together This Year’s “Achievement Scorecard”
  10. NL 10: It’s September: Time to Set Your Boss’s Expectations for Your Year-End-Bonus
  11. NL 11: Job Change? Ten Tax Tips – Things to discuss with your tax advisor
  12. NL 12: Malus Payment – Key Words & Phrases
  13. NL 13: Offer Letter or Company Plan – Which One Governs?
  14. NL 14: Recoupable – Key Words & Phrases
  15. NL 15: Voluntary – Key Words & Phrases
  16. NL 16: “Bonus Disappointing? – Here’s How to Respond”
  17. NL 17: “Job Offer On the Way? – Consider Asking for a Sign-On Bonus”
  18. NL 18: “Responding to a Retention Bonus Offer” – Ten Wise Steps”
  19. NL 19: “Want a Raise? – Here’s How to Ask”
  20. QA 1: “Any suggestions for getting a Promotion or Raise?”
  21. QA 2: “Bonus was paid to others after I left; any recourse?”
  22. QA 3: “Can an employer change a compensation plan retroactively?”
  23. QA 4: “Can my bonus plan be changed due to a supposed mistake, after agreed to in a contract?”
  24. QA 5: “Can my employer lower my pay starting two weeks ago, without telling me?”
  25. QA 6: “Can my employer simply reduce compensation promised in my offer letter?”
  26. QA 7: “Commission and Sales Bonus Plans: Read them or it will cost you.”
  27. QA 8: “Compensation lowered; can I resign and collect Unemployment Benefits?”
  28. QA 9: “I don’t get paid for cancelled appointments, although the company is. Should I?”
  29. QA 10: “If a job offers a certain pay, can I negotiate that?”
  30. QA 11: “If I am not paid commissions due me, is my non-compete still valid?”
  31. QA 12: “If I resign after 9 months of the year, how can I still get my yearly bonus?”
  32. QA 13: “If laid off near year-end, am I entitled to partial bonus?”
  33. QA 14: “If my boss approves a payment to me in error, am I entitled to receive it?”
  34. QA 15: “Is sign-on bonus repayment to an employer ‘before taxes’ or ‘after taxes’?”
  35. QA 16: “My raise was tiny. Illegal discrimination, or legal cost-cutting?”
  36. QA 17: “Sales compensation plans: are there limits on when and how they can be changed?”
  37. QA 18: “Should I get extra compensation for extra services and extra success by my employer?”
  38. QA 19: “What should I do if the raise offered is insufficient?”
  39. QA 20: “Can an employer lay off an employee and then hire him or her back at a reduced salary?”
  40. QA 21: “Can I enforce an agreement to raise my pay if most, but not all, of the required conditions were achieved?”
  41. QA 22: “Can I sue for not getting paid a ‘discretionary’ bonus?”
  42. QA 23: “I need help in getting the raise I want.”
  43. QA 24: “If I give in my notice of resignation, effective in two weeks, and bonuses are due in one week, can I lose my bonus?”
  44. QA 25: “What recourse do we have after our employer has reduced salaries 10% across the board?”
  45. QA 26: Been laid off. If last year’s bonus is denied, can I sue?
  46. QA 27: Clawback – Key Words & Phrases
  47. QA 28: Good Leaver – Key Words & Phrases
  48. QA 29: Low Raise Expected – What Should I Do?
  49. QA 30: Malus Payment – Key Words & Phrases
  50. QA 31: No Evaluation – No Raise: Should I Quit?
  51. QA 32: Payment in Cash, and Penalty for Resigning: Is this Legal?
  52. QA 33: Raise Request “Turnaround”: What Are My Options?
  53. QA 34: Recoupable – Key Words & Phrases
  54. QA 35: Voluntary – Key Words & Phrases
  55. QA 36: “Any way I can get a ‘success bonus’ for helping attract a buyer for my company?”
  56. QA 37: “Should I raise a ‘moral right’ to a raise?”
  57. QA 38: “To get to ‘bonus day,’ can I use vacation days?”

D. Benefits, Pensions and Perq’s

"Enjoy life. It’s ungrateful not to."
Ronald Reagan, President

  1. NL 1: New Expatriate Request: “Pollution Perq’s”
  2. NL 2: “New Job, First Week – Seven Questions You Should Always Ask”
  3. NL 3: “Telecommuting and Flex-Time – 15 Steps for Your Request and Success”
  4. NL 4: “Vacation and Vacation Pay – 50 Frequently Asked Questions”
  5. NL 5: 10 Tax-Free Fringe Benefits (i.e., “Perks”)
  6. NL 6: Continuing Indemnity – A Key Objective for Corporate Officers
  7. NL 7: Did You Know That . . . Employer-Paid Moving Expenses are Now Taxed as Employee Income?
  8. NL 8: Gross Up – Key Words & Phrases
  9. NL 9: Offer Letter or Company Plan – Which One Governs?
  10. NL 10: Recommended Resources . . . Social Security
  11. NL 11: Request a “Mental Health Day”? Do Not Use that Phrase
  12. NL 12: Twelve Steps to Negotiating a “Bridge to Retirement”
  13. NL 13: Unknown Job Benefits and Perks – Are You Missing Out on Any?
  14. NL 14: “Not Feeling Well Enough to Work? – 13 Workplace Options (Part 1 of 2)”
  15. NL 15: “Not Feeling Well Enough to Work? – 13 Workplace Options (Part 2 of 2)”
  16. QA 1: “Afraid to Take Vacation? Here’s Seven Ideas”
  17. QA 2: “Can I retire and also continue working for my employer?”
  18. QA 3: “Can I use my severance to get a ‘bridge to retirement?'”
  19. QA 4: “Give 90 days resignation notice or repay bonuses – Is that legal?”
  20. QA 5: “How can I diplomatically ask why I did not receive a workplace Award?”
  21. QA 6: “I’d like to ‘telecommute’ my job. How do I approach my boss?”
  22. QA 7: “I’m retiring; can I ask my boss to keep that confidential?”
  23. QA 8: “If I resign will I still get my retirement money I put in?”
  24. QA 9: “Is there a deadline to file a Workers Compensation case?”
  25. QA 10: “Others were paid for not using health insurance; not me. Any rights?”
  26. QA 11: “Prior notice is required; can I retire now anyway?”
  27. QA 12: “Vacation and Vacation Pay – 50 Frequently Asked Questions”
  28. QA 13: “Can I collect Unemployment Insurance benefits at the same time I am pursuing a claim for Workers Compensation benefits?”
  29. QA 14: “If an employee returns from a personal leave, and turns down a comparable position offered to her, is she entitled to anything else?”
  30. QA 15: “If I receive severance payments over time, will that count toward the time I need to vest in the company retirement plan?”
  31. QA 16: “Is it a violation of privacy if my supervisor told Human Resources that I am seeking counseling from Employee Assistance Program at work?”
  32. QA 17: Benefit Plan Complaint – “Sue or Tell?”
  33. QA 18: Gross Up – Key Words & Phrases
  34. QA 19: If I resign, can I collect for accrued but unpaid vacation?
  35. QA 20: Is it illegal to have two health insurance policies at the same time?
  36. QA 21: No Right to Maternity Leave: How Do I Negotiate Time Off?
  37. QA 22: Vacation Pay Accrued – Is It Paid to Me If I Resign?
  38. QA 23: “Are employers required to reimburse internet expenses for home-based employees?”
  39. QA 24: “Can my employer reduce benefits without any limit?”
  40. QA 25: “I am working way too many hours!! Any ideas??”
  41. QA 26: “If I am required to give ‘four weeks’ notice when I resign, can one of those weeks be a vacation?”
  42. QA 27: “If my employer pays my attorney fees, am I taxed on the amount they pay?”
  43. QA 28: “Is Small Claims Court good for collecting monies owed by a former employer?”
  44. QA 29: “My company avoids both severance and pensions by something called ‘re-badging’ employees. Is this legal?”

E. COBRA and FMLA

"Law is order, and good law is good order."
Aristotle

  1. NL 1: A Special Issue: The Family Medical Leave Act (“FMLA”) – The 50 Things You May Need to Know
  2. NL 2: COBRA: The 21 Most Frequently Asked Questions
  3. NL 3: FMLA – “Parent” Definition is Flexible – “Parents” include People Who Cared for You
  4. NL 4: FMLA – Great Tool to E-x-t-e-n-d Employment
  5. NL 5: Is Drug Addiction a Legally Recognized Disability? Understanding Addiction, the Law and the Workplace
  6. NL 6: Self-Help Action Plan 1: “Totally Frazzled from Work? Here’s What You Can Do”
  7. NL 7: Ten Circumstances When COBRA is NOT Available to You
  8. NL 8: “Need a Therapist’s or Doctor’s Note for Work?”
  9. NL 9: “Not Feeling Well Enough to Work? – 13 Workplace Options (Part 1 of 2)”
  10. NL 10: “Not Feeling Well Enough to Work? – 13 Workplace Options (Part 2 of 2)”
  11. NL 11: “Problem Not Yet Solved; What’s My Next Step?” Your Five Alternative Next Steps
  12. QA 1: “Afraid to Take Vacation? Here’s Seven Ideas”
  13. QA 2: “Due to anxiety attacks, I am on FMLA leave; will I be fired when I return?”
  14. QA 3: “How do I resign while on FMLA leave (especially with a bully boss)?”
  15. QA 4: “If I work during FMLA leave, without prior approval, do I get paid?”
  16. QA 5: “On FMLA. Don’t want to return, but want unvested stock. What can I do?”
  17. QA 6: “Do I have any right to reinstatement when I return from a medical leave?”
  18. QA 7: “Does this sound like a legal case of ‘perceived disability’ discrimination?”
  19. QA 8: “How can I get some needed relief from FMLA-retaliation?”
  20. QA 9: “I need to take time off under the Family and Medical Leave Act (FMLA) – Where do I start?”
  21. QA 10: “I took a FMLA leave of absence, and my boss told people of my medical problem. What should I do?”
  22. QA 11: “If I am on COBRA from my last job, and I become eligible for health insurance from my new employer at a much higher cost, can I stay on COBRA?”
  23. QA 12: “If my employer has declared bankruptcy, can I still get COBRA benefits?”
  24. QA 13: “Is it a violation of the Family and Medical Leave Act (FMLA) to be denied a full raise based on my FMLA-approved absences?”
  25. QA 14: “To be eligible for COBRA coverage, must I be on my employer’s medical plan for any certain period of time?”
  26. QA 15: “While on FMLA leave, can I keep up with office emails?”
  27. QA 16: “I am working way too many hours!! Any ideas??”
  28. QA 17: “Pregnancy: Rights under Disability, FMLA and Discrimination laws.”
  29. QA 18: “Subsidized COBRA in Severance – What’s that?”
  30. QA 19: “What can I do if I was put on a Performance Improvement Plan in response to my taking a FMLA leave of absence?”

F. Agreements and Contracts

"Trust in Allah, but tie your camel."
Arabian Proverb

  1. NL 1: “Garden Leave’s Little Secret: It is Not Very Enforceable”
  2. NL 2: “In Hiring Memos, Offer Letters and Employment Agreements, Beware of ‘Words of Intention'”
  3. NL 3: “Probation period in offer letter was extended; can they do that?”
  4. NL 4: Boilerplate – Key Words & Phrases
  5. NL 5: Continuing Indemnity – A Key Objective for Corporate Officers
  6. NL 6: Contracts Matter. . . A Lot
  7. NL 7: Don’t Be Fooled by the “May – Shall” Trick
  8. NL 8: Fiduciary – Key Words & Phrases
  9. NL 9: Force Majeure – Key Words & Phrases
  10. NL 10: How to Give Yourself the Job Security and other Benefits of an Employment Contract
  11. NL 11: How To Negotiate Your “Welcome Aboard” Letter
  12. NL 12: Indemnify – Key Words & Phrases
  13. NL 13: Job Change? Ten Tax Tips – Things to discuss with your tax advisor
  14. NL 14: Know Who Your Employer Is? – You May Be Wrong.
  15. NL 15: Make a “Go File” . . . Pleeeeeze
  16. NL 16: Mitigation – Key Words & Phrases
  17. NL 17: Negotiating Employment with a “Private Equity” Firm – 7 Surprises to Expect
  18. NL 18: Non-Solicitation Does NOT Mean Non-Communication
  19. NL 19: Offered a Position and Shares in a Start-Up? – 10 Traps in the Legal Papers, and Your Ways Out
  20. NL 20: Retention Agreement Contain a Release? If So, It Just Might Be Your Severance
  21. NL 21: Robbery by Repurchase Rights – A Private Equity Story
  22. NL 22: Severability – Key Words & Phrases
  23. NL 23: Sign a Copy Today . . . Just in Case You’re Not “Around” Tomorrow
  24. NL 24: The “Survival Clause” in Employment Agreements – Ignore It, and It Can “Kill” You
  25. NL 25: The Ambiguities Clause . . . What’s That?
  26. NL 26: The Employee’s “Duty to Mitigate” – What Does That Mean?
  27. NL 27: Voluntary – Key Words & Phrases
  28. NL 28: Workplace Negotiating Insight No. 10: No Road Signs
  29. NL 29: You Must Protect Your “B.O.B.” (Book Of Business, That Is)
  30. NL 30: “At Work, Always Look a Gift Horse in the Mouth”
  31. NL 31: “Background Check” Provision – A Risk to Reduce or Eliminate Entirely
  32. NL 32: “Becoming a Consultant? – Here are 21 Smart Points to Raise”
  33. NL 33: “Change of Control” Provision – 10 Questions You Need to Ask
  34. NL 34: “Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”
  35. NL 35: “Employer’s Sole Discretion” Provisions – Six Points to Consider
  36. NL 36: “I Am Not Restricted” Clause in Offer Letters – Potential Roadblock
  37. NL 37: “If You Sign Something At Work, SAVE A COPY” – A Critical Workplace Negotiating Insight
  38. NL 38: “In-The-Meantime” Clause – This is One to Remember, and Request
  39. NL 39: “Incorporated by Reference” Provision – Brings in Other Agreements, etc
  40. NL 40: “Integration” or “Entire Agreement” Clause – Nothing Spoken Counts
  41. NL 41: “Motivate Before You Monetize” – A Workplace Negotiation Pointer
  42. NL 42: “Need a Work Document from HR? Afraid to Ask? – Here’s How”
  43. NL 43: “No Less Favorable” Clause – Helpful, Especially at Negotiation Impasse
  44. NL 44: “Repayment Obligations When Leaving a Job – How to Get Them Waived”
  45. NL 45: “Required Notice” Provision – A Suggested “Win – Win” for All
  46. NL 46: “Side Letter” – Use to Amend “Standard” or “Existing” Agreements
  47. NL 47: “Successors and Assigns” Clause – Probably Valuable, If Correctly Written
  48. NL 48: “Term” or “Duration” Clause – Here are 10 Alternative Improvements
  49. NL 49: “This Contract Must Be Kept Confidential” Clause – Seven Points to Ponder
  50. NL 50: “Umbrella Negotiating” – Best Response to Private Equity “Hurricane Tactics”
  51. NL 51: “Waterfall Distribution” – What’s That? The Private Equity Pitch to Employees
  52. NL 52: “Whereas” Clauses – The “Introduction” Clauses – Don’t be Hoodwinked
  53. QA 1: “Any way I can make sure I will get a promised promotion?”
  54. QA 2: “Can a non-compete agreement require that New York law applies even if the company is not in New York?”
  55. QA 3: “Can an employer change a compensation plan retroactively?”
  56. QA 4: “Can an employer take back a Change Of Control ‘trigger’?”
  57. QA 5: “Can I get out of a signed employment contract?”
  58. QA 6: “Can my bonus plan be changed due to a supposed mistake, after agreed to in a contract?”
  59. QA 7: “Can my employer require I sign an employment contract long after I started the job, and fire me if I refuse?”
  60. QA 8: “Can vague words in an offer letter create a repayment promise?”
  61. QA 9: “Can we enforce an employer’s promise to employ us ‘for life?'”
  62. QA 10: “Does a repayment obligation in an employment contract become invalid if there is no ‘survival clause?'”
  63. QA 11: “Employer has reneged on all agreed terms. What are my rights?”
  64. QA 12: “Employment Contract Broken by Employer; New Job Found Right Away: What am I Entitled to?”
  65. QA 13: “How should I ask for a retention bonus?”
  66. QA 14: “I don’t get paid for cancelled appointments, although the company is. Should I?”
  67. QA 15: “If an agreement is signed by “J. Smith, Pres., XYZ Company,” is it a personal or company obligation?”
  68. QA 16: “If an employee has a Master’s Degree paid for by an employer, based on the employee’s promise to stay three years, or repay the $30,000, what happens if the employee is laid off?”
  69. QA 17: “If I am offered my dream job, but my teaching contract says I can’t leave, how do I handle it?”
  70. QA 18: “If I can’t get a work visa, can an employer withdraw a job offer?”
  71. QA 19: “If laid off near year-end, am I entitled to partial bonus?”
  72. QA 20: “If my former employer closes, and opens a new company, is my non-compete (or other contracts) valid?”
  73. QA 21: “If my friend is not getting paid what was promised in her offer letter, does she have any way to correct this?”
  74. QA 22: “If the employment contract I was promised does not arrive, should I leave?”
  75. QA 23: “In a ‘successors-and-assigns’ clause, what are the employee’s heirs obligated and entitled to?”
  76. QA 24: “Is a change-in-control provision in an executive employment agreement the same as a separate change-in-control agreement?”
  77. QA 25: “Lured into making a job move by an oral promise of six years’ work. Let go after four years. Do I have any recourse?”
  78. QA 26: “My employment contract was replaced by a second one I didn’t sign. Is the second one binding on me?”
  79. QA 27: “No non-compete, but my prospective employer has signed a ‘No-Poach’ agreement. What do I do?”
  80. QA 28: “Offer Letter differs from Employment Contract; which controls?”
  81. QA 29: “Prior notice is required; can I retire now anyway?”
  82. QA 30: “Probation period in offer letter was extended; can they do that?”
  83. QA 31: “Should I get extra compensation for extra services and extra success by my employer?”
  84. QA 32: “What are ‘Moral Rights’ in things I create at work?”
  85. QA 33: “What if my employment contract and employee handbook conflict?”
  86. QA 34: “What is a ‘change of control’ for vesting purposes?”
  87. QA 35: “When is it too late to get recourse?”
  88. QA 36: “Can I enforce an agreement to raise my pay if most, but not all, of the required conditions were achieved?”
  89. QA 37: “Can I fight my employer for enforcing a rule on me on the basis that others break the rules, too?”
  90. QA 38: “Can my boss tell me I have to renegotiate signed customer contracts, or suffer lower commissions if I can’t?”
  91. QA 39: “How might I resign, and get the balance of my employment contract paid out to me?”
  92. QA 40: “How should I negotiate a job offer that includes relocating to another country?”
  93. QA 41: “If it hasn’t yet been accepted, can a severance offer be changed, or withdrawn?”
  94. QA 42: “Once an employment agreement has been terminated, two months later can the employer terminate it again, for a different reason?”
  95. QA 43: “When an agreement ‘expires’ on a certain date, do you have to also give ‘notice’ of leaving?”
  96. QA 44: Are Employment Offer Letters Binding like Contracts?
  97. QA 45: Boilerplate – Key Words & Phrases
  98. QA 46: Can an Employer Take Back a Job Offer?
  99. QA 47: Fiduciary – Key Words & Phrases
  100. QA 48: Force Majeure – Key Words & Phrases
  101. QA 49: Indemnify – Key Words & Phrases
  102. QA 50: Mitigation – Key Words & Phrases
  103. QA 51: Pay or Play
  104. QA 52: Severability – Key Words & Phrases
  105. QA 53: Voluntary – Key Words & Phrases
  106. QA 54: Workplace Negotiating Insight No. 15: “Standard Language” . . . There’s no such thing.
  107. QA 55: “Are employers required to reimburse internet expenses for home-based employees?”
  108. QA 56: “Can I Work for a Licensee or Vendor of my Former Employer?”
  109. QA 57: “Do I have any recourse if my job responsibilities, and income, are taken from me without notice?”
  110. QA 58: “Is this ‘Successors and Assigns’ clause a problem?”
  111. QA 59: “Offer Letter or Employee Handbook: Which counts more?”
  112. QA 60: “Stranded and abandoned on overseas assignment. What to do?”

G. Job Security

"Don't think there are no crocodiles because the water is calm."
Malaysian Proverb

  1. NL 1: “18 Tips to Address Job-Loss Anxiety and Blues”
  2. NL 2: “Change in Control at the Office? Here’s 10 Ways to Keep Your Job”
  3. NL 3: “Private Equity Buying Your Employer? Resist These 11 Employment Negotiation Tactics”
  4. NL 4: “Survivor Demotion” – When a Lower Level Job Is Preferable to Layoff
  5. NL 5: “Facing Merger or Sale of Your Employer? Here’s Fifteen Smart Steps”
  6. NL 6: 21 Tips For the Newly Hired Employee
  7. NL 7: Avoid Being RIF’ed – Five Effective Strategies
  8. NL 8: Avoid, If You Can, The “Obsolete Job” Trap
  9. NL 9: Beware of Temporary Assignments to “Special Projects”
  10. NL 10: Beware of “Likely Successor Risk”
  11. NL 11: Compliance, Risk and Ethics Officers – Best Practices to Gain Job Security
  12. NL 12: Email at Work – Avoid These “Dozen Digital Disasters”
  13. NL 13: For Job Security, It’s important to “Diversify Your P.P.O.P.P.’s”
  14. NL 14: Giving and Receiving Gifts at Work -Ten Practical Precautions
  15. NL 15: Heard a Recruiter is Shopping Your Job? Here’s Nine Suggested Steps
  16. NL 16: Hey . . . It’s June! – Time to Enhance Your Upcoming Mid-Year Performance Appraisal
  17. NL 17: Hey, It’s August . . . We Call This “Protect Your ‘Rolodex’ Month”
  18. NL 18: Hey, It’s November . . . It’s Time to Gather “Value Proven” Letters
  19. NL 19: Job Security – Six Types, and More . . .
  20. NL 20: Job Security Secret: Be a Wise Cost Cutter
  21. NL 21: Job Security Secret: Don’t elevate a problem without also suggesting a well-considered solution (or two).
  22. NL 22: Job Security Secret: If you hear “At Will,” think “Unless Otherwise Agreed” (“U.O.A.”)
  23. NL 23: Job Security Secret: Learn the Basics of a Customer Language
  24. NL 24: Job Security Secret: Volunteer for an Extra Duty
  25. NL 25: Job Security Secret: “It’s a pebble . . . not a mountain.”
  26. NL 26: Job Security You Can Create for Yourself
  27. NL 27: Key Man / Key Woman Clause – How to Protect Your Key Business Relations
  28. NL 28: Military? – Special Civilian Job Rights are Yours
  29. NL 29: New Employer an L-L-C or I-N-C? Think Gua-Ran-Tee.
  30. NL 30: New Manager? – Big Risks Ahead! Eight Signs to Watch Out For
  31. NL 31: Online Courses: Career Advantage, Forever
  32. NL 32: Over 50? Eight Ways to Remain Employed and Employable
  33. NL 33: Pregnant? When, How, and What to Tell Your Boss
  34. NL 34: The “Seeking a New Job Letter” – Often Overlooked, but Highly Effective
  35. NL 35: Time on Your Hands? – Get Valued Credentials Online
  36. NL 36: Your Personal Brand at Work – Ten “Brand Boosting” Expressions
  37. NL 37: “At-Will Employment” – What Exactly Does That Mean?
  38. NL 38: “Required Notice” Provision – A Suggested “Win – Win” for All
  39. NL 39: “Responding to a Retention Bonus Offer” – Ten Wise Steps”
  40. NL 40: “Term” or “Duration” Clause – Here are 10 Alternative Improvements
  41. NL 41: “What is NOT Confidential Information –
    10 Guidelines for Resumes, Interviewing and Online Chatter”
  42. QA 1: “Can ‘involuntary resignation’ be used in an ‘at will’ state (for a bully boss)?”
  43. QA 2: “How can I tell if I have job security?”
  44. QA 3: “How should I ask for a retention bonus?”
  45. QA 4: “If the employment contract I was promised does not arrive, should I leave?”
  46. QA 5: “Is it illegal or unethical to work for two competing hotels?”
  47. QA 6: “My boss asked me for a job description; should I be worried?”
  48. QA 7: “What can I do to ensure that, if I accept a “special assignment,” if it ends I’ll remain employed?”
  49. QA 8: “What should I expect after ‘re-badging?'”
  50. QA 9: Can I Lose My Teacher’s License for Leaving an “At Will” Job?
  51. QA 10: Does “At Will” Have Any Limits or Exceptions?
  52. QA 11: How do workers get job security?
  53. QA 12: If my husband was laid off because he was deployed to Iraq, does he have any rights?
  54. QA 13: Is it legal to lay off employees just to save on their benefits, or because they have been employed for many years?
  55. QA 14: Job Security Secret: If you hear “At Will,” think “Unless Otherwise Agreed” (“U.O.A.”)
  56. QA 15: Job Security Secret: “It’s a pebble . . . not a mountain.”
  57. QA 16: Where can I find “niches” to further my career?

H. Non-Compete's and Trade Secrets

"Secrecy is the soul of business."
Spanish Proverb

  1. NL 1: “Garden Leave’s Little Secret: It is Not Very Enforceable”
  2. NL 2: “Hidden Handcuffs” – Watch out for Buried and Disguised Non-Compete Agreements
  3. NL 3: “Non-Compete Non-Sense” – What to Do if Asked to Sign One
  4. NL 4: “Your Best Time to Beat a Non-Compete”
  5. NL 5: Garden Leave . . . Is Negotiable
  6. NL 6: How to Defeat a Non-Compete: Ten Effective Defenses
  7. NL 7: Injunction – Key Words & Phrases
  8. NL 8: Non-Compete or Non-Solicit? Use “C.A.T.C.H.” to Understand It
  9. NL 9: Non-Solicitation Does NOT Mean Non-Communication
  10. NL 10: Restrictive Covenant – Key Words & Phrases
  11. NL 11: Voluntary – Key Words & Phrases
  12. NL 12: When Leaving Your Job, How to Take Your Colleagues With You
  13. NL 13: You Must Protect Your “B.O.B.” (Book Of Business, That Is)
  14. NL 14: “Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”
  15. NL 15: “I Am Not Restricted” Clause in Offer Letters – Potential Roadblock
  16. NL 16: “Injunctive Relief” Clauses in Contracts – What Do They Mean?
  17. NL 17: “Non-Solicitation Agreements – From A to Z”
  18. QA 1: “Administrator in a Doctor’s Office. Told I must sign a Non-Compete Agreement. Anything I can do?”
  19. QA 2: “Are my relatives and friends legally obligated by a non-compete agreement I signed?”
  20. QA 3: “Are non-compete agreements binding on independent contractors?”
  21. QA 4: “Can a company selectively enforce non-compete agreements?”
  22. QA 5: “Can a non-compete agreement require that New York law applies even if the company is not in New York?”
  23. QA 6: “Can an employer pick and choose who must sign a non-compete?”
  24. QA 7: “Can I be on ‘Garden Leave’ and reemployed elsewhere at the same time?”
  25. QA 8: “Can I be sued for poaching an employee from my former employer?”
  26. QA 9: “Can I do work ‘on the side’ so long as it doesn’t violate the non-compete I signed?”
  27. QA 10: “Can I fight a non-compete dispute in Court without an attorney?”
  28. QA 11: “Can I solicit customers of my former employer?”
  29. QA 12: “Can I sue my former employer for ‘interfering’ with my new job?”
  30. QA 13: “How should an employer treat an employee who works for a competitor?”
  31. QA 14: “If I am not paid commissions due me, is my non-compete still valid?”
  32. QA 15: “If I signed a non-solicitation agreement, can I now create a website for my new business?”
  33. QA 16: “If my former employer closes, and opens a new company, is my non-compete (or other contracts) valid?”
  34. QA 17: “If tied to an unpaid bonus, is a non-compete enforceable?”
  35. QA 18: “My former employer says he will waive my non-compete, but only if I repay him two months salary. Is this extortion?”
  36. QA 19: “No non-compete, but my prospective employer has signed a ‘No-Poach’ agreement. What do I do?”
  37. QA 20: “Non-Solicitation Agreements – Ten Practical Questions”
  38. QA 21: “Should non-solicit clauses be treated the same as non-compete clauses?”
  39. QA 22: “Sign this Non-Competition Agreement, or Leave” – Is that Legal?
  40. QA 23: “The Three Different Ways Non-Compete’s are Enforced”
  41. QA 24: “What is ‘indirect’ solicitation of customers?”
  42. QA 25: “Who is a ‘prospective client’ in a non-solicitation agreement?”
  43. QA 26: “Can I compete with my former employer without getting sued?”
  44. QA 27: “Does leaving an employer, and then returning, relieve me from a non-compete agreement I signed the first time I was hired?”
  45. QA 28: “If an employee’s position is eliminated is a non-compete still enforceable?”
  46. QA 29: “Is a non-compete agreement enforceable after being let go without cause?”
  47. QA 30: “Is there a way I can ‘get out of’ the non-compete agreement I signed?”
  48. QA 31: If I get nothing in return, is my non-compete enforceable?
  49. QA 32: In “Non-Competition,” What Constitutes “Competition?”
  50. QA 33: Injunction – Key Words & Phrases
  51. QA 34: Prospective Customer or Client
  52. QA 35: Restrictive Covenant – Key Words & Phrases
  53. QA 36: Voluntary – Key Words & Phrases
  54. QA 37: “Can an employer require you get its prior approval for a side job or a side business?”
  55. QA 38: “Can I get around a ‘non-solicitation’ agreement?”
  56. QA 39: “Can I Work for a Licensee or Vendor of my Former Employer?”
  57. QA 40: “If I signed a non-compete / non-solicit agreement, does that stop me from working for a customer of my former employer?”
  58. QA 41: “Must an employee be paid to sign a non-compete?”
  59. QA 42: “No Non-compete? No Stolen Secrets? You are Free.”
  60. QA 43: “With a ‘no-poach’ agreement, can I hire a fired employee?”

I. Retaliation and Speaking Out

"He who speaks the truth must have one foot in the stirrup."
Armenian Proverb

  1. NL 1: “If the EEOC is investigating a discrimination claim, can the employer question the employee at the same time?”
  2. NL 2: “The Foreign Corrupt Practices Act – A Primer for Employees”
  3. NL 3: Fired Compliance Officer Strikes Back – Is Awarded $51 Million for Doing So
  4. NL 4: I.R.S. Pays Employee $4.5 Million for Reporting Employer’s Tax Cheating: The Eight Things You Need to Know
  5. NL 5: Is it RIGHT to do THAT? Ethics Clarified by Six Questions
  6. NL 6: Retaliated Against At Work for Doing What’s “Right?” Courts and Juries are Now on Your Side
  7. NL 7: Seen Accounting Fraud? New and Powerful “Whistleblower” Protections for Employees
  8. NL 8: Ten Ways to Avoid Being Made a Corporate Scapegoat
  9. NL 9: Your Complaint Labeled “Baseless”? Consider an “Investigation Push Back Letter”
  10. NL 10: Your Employer’s “Speak Out” Policy May Give You a “Mini-Employment Contract”
  11. NL 11: “Interview After Employee Files a Complaint – 26 Pointers for Attending the Meeting”
  12. QA 1: “Afraid to Take Vacation? Here’s Seven Ideas”
  13. QA 2: “After a Complaint, the Employer’s Legal Duties to Separate and Protect.”
  14. QA 3: “As an HR Manager, if I report apparent misconduct, am I protected if the apparent wrongdoer retaliates against me?”
  15. QA 4: “Directed by my employer to discriminate; what can I do?”
  16. QA 5: “Does the Sarbanes-Oxley Act, or other laws, protect lower-level employees of not-for-profits?”
  17. QA 6: “How can I prevent being blamed for misconduct by former colleagues?”
  18. QA 7: “How can I prove I’ve been retaliated against?”
  19. QA 8: “How can I prove retaliation has occurred?”
  20. QA 9: “How should I report a sadistic manager / bully boss?”
  21. QA 10: “I fear the consequences of filing a complaint; any suggestions?”
  22. QA 11: “I’ve been retaliated against – not by my boss – but by my co-workers, for doing the right thing. Is there any best way to deal with this?”
  23. QA 12: “If I negotiate, will my severance be taken off the table?”
  24. QA 13: “Is there a law that prevents my employer from firing me for coming forward and submitting a complaint against my manager?”
  25. QA 14: “Is there a limit to how many hours I can be required to work?”
  26. QA 15: “Is what happened to me illegal ‘Retaliation’?”
  27. QA 16: “Retaliated Against for Filing a Discrimination Charge – What Should I Do?”
  28. QA 17: “Can my boss legally replace me with his girlfriend?”
  29. QA 18: “Could I get in trouble for ‘going public’ about a threat to public welfare that my company covered up?”
  30. QA 19: “Does this sound like I have a case of discrimination?”
  31. QA 20: “Does what happened to me sound like a Disability Discrimination and Retaliation claim under federal law?”
  32. QA 21: “How do I respond to retaliation for filing a complaint of unlawful discrimination?”
  33. QA 22: “Is it retaliation to have your company car, company laptop and company cell phone taken away during a FMLA leave of absence?”
  34. QA 23: “Is it true that in New Jersey it is now legal for an employee to copy company documents to use in court cases, without fear of being fired for it?”
  35. QA 24: Being Retaliated Against for Cooperating in a Discrimination Investigation – What Should I Do?
  36. QA 25: Boss is lying on her time sheets. How do I report it?
  37. QA 26: Retaliated Against for “Whistle Blowing”: What Should I Do?
  38. QA 27: Retaliation is getting me seriously down. What can I do?
  39. QA 28: “After reporting our boss for improper behavior, what can we do to prevent being retaliated against?”
  40. QA 29: “I have a question about your recent post about New Jersey employees’ rights to copy company documents without being fired for it in retaliation.”
  41. QA 30: “If I file a complaint against a colleague, can HR turn it around and blame me?”
  42. QA 31: “Will submitting a Performance Review rebuttal backfire?”

J. Performance Improvement Plans

"A successful man is one who can build a firm foundation
with the bricks that others throw at him."
David Brinkley, Broadcast Journalist

  1. NL 1: Always “Push Back” at Poor Performance Reviews
  2. NL 2: New Manager? – Big Risks Ahead! Eight Signs to Watch Out For
  3. NL 3: Performance Improvement Plan a Fraud? – Here’s 12 Clear Indicators
  4. NL 4: Performance Review a Problem? 16 Steps to a Robust Rebuttal
  5. NL 5: Performance Review Approaching? 12 Ways to Enhance Yours
  6. NL 6: “Performance Improvement Plans – Resign or Attempt? Choose the Third Alternative”
  7. NL 7: “Problem Not Yet Solved; What’s My Next Step?” Your Five Alternative Next Steps
  8. QA 1: “After resigning, must I ‘close out’ a Performance Improvement Plan?”
  9. QA 2: “Are Performance Improvement Plans enforceable as contracts?”
  10. QA 3: “Bully Boss gave me a PIP; what now?”
  11. QA 4: “Can I be treated differently than others while on my Performance Improvement Plan?”
  12. QA 5: “Can I say ‘Skip the PIP’ and go straight to severance?”
  13. QA 6: “Does the Sarbanes-Oxley Act, or other laws, protect lower-level employees of not-for-profits?”
  14. QA 7: “Followed your PIP method. Didn’t work. What next?”
  15. QA 8: “How can I overcome a poor in-company reputation?”
  16. QA 9: “HR has not responded to PIP pushback; should I involuntarily resign?”
  17. QA 10: “I did not pass my Performance Improvement Plan. Is it too late to contest it?”
  18. QA 11: “I’m on FMLA leave and was just notified I’ll be placed on a Performance Improvement Plan (“PIP”) when I return. Is this legal?”
  19. QA 12: “If I’m moving over to a different manager at my company, need I object to a false, negative Performance Review?”
  20. QA 13: “Is it possible to push back at a Performance Improvement Plan, and then succeed in it?”
  21. QA 14: “Is it worthless to approach Management about a false Performance Improvement Plan?”
  22. QA 15: “Must I acknowledge receipt of my Performance Improvement Plan?”
  23. QA 16: “Negative Performance Review without Warning; Is There a Case?”
  24. QA 17: “Offered severance at the end of a Performance Improvement Plan; can I ask for more?”
  25. QA 18: “Placed on a Performance Improvement Plan (“PIP”) the day I returned from maternity leave. How do I submit an Involuntary Resignation letter?”
  26. QA 19: “Pregnant and PIP’ed – What should I do?”
  27. QA 20: “Seven Good Reasons ‘PIP-Pushback’ should not be by an Attorney”
  28. QA 21: “Should I respond in my “PIP Meeting” or after, in writing?”
  29. QA 22: “Threatened PIP has not arrived; should I do anything?”
  30. QA 23: “Young and PIP’ed? Here’s five thoughts to ponder.”
  31. QA 24: Can a future employer find out I was placed on a Performance Improvement Plan (called a “PIP”)?
  32. QA 25: How do I explain being placed on a Performance Improvement Plan (“PIP”) to an interviewer?
  33. QA 26: Must I Sign a Performance Improvement Plan (“PIP”)?
  34. QA 27: Performance Improvement Plan (“PIP”) – Can My New Boss Do That?
  35. QA 28: Tricked into signing a Performance Improvement Plan (“PIP”). Anything I can do now?
  36. QA 29: “After challenging a PIP, unsuccessfully, should I continue up the ladder, or go through the PIP process?”
  37. QA 30: “After successfully completing a Performance Improvement Plan, yet still told ‘It’s just not working out’ and let go, will I be entitled to unemployment insurance?”
  38. QA 31: “Am I supposed to have access to my Performance Action Plan or Performance Improvement Plan (“PIP”), and the progress I am making on it?”
  39. QA 32: “Asked to sign 30-day Notice of Termination based on Performance Criticisms – What Should I Do?”
  40. QA 33: “Being Placed on a Performance Improvement Plan (“P.I.P.”). What should I do?”
  41. QA 34: “Boss unreasonable in evaluating success of PIP. Any thoughts?”
  42. QA 35: “Can my manager put ‘hearsay’ into my PIP?”
  43. QA 36: “Do I have a right to a copy of tape-recorded performance review meetings?”
  44. QA 37: “Do I have a right to have an independent person accompany me to a performance review meeting?”
  45. QA 38: “Ever heard of a Performance Improvement Plan (PIP) being used to force retirement?”
  46. QA 39: “How can I, as an HR professional, help managers improve employee performance?”
  47. QA 40: “How could I be placed on a Performance Improvement Plan if I am a salesperson and I have achieved 200% of my sales goal?”
  48. QA 41: “How do I contest a Performance Improvement Plan (“PIP”) in a ‘non-attacking’ manner?”
  49. QA 42: “How often do people ‘succeed’ or ‘survive’ Performance Improvement Plans?”
  50. QA 43: “How should I respond to a retaliatory, dishonest and negative Performance Review?”
  51. QA 44: “HR says my PEP (Performance Enhancement Plan) is not a PIP. True?”
  52. QA 45: “If I am on a Performance Improvement Plan, and fear I might get fired soon, should I tell a prospective employer who will soon be checking my employment history that I am thinking of resigning?”
  53. QA 46: “If I sign a Performance Improvement Plan, if I am let go, might I get a Severance Package?”
  54. QA 47: “Is there a way to tell if a Performance Improvement Plan (“PIP”) is honest, or fraudulent?”
  55. QA 48: “I’m 35 weeks pregnant, and just been put on a questionable Performance Improvement Plan. Can you help?”
  56. QA 49: “I’m out on medical leave, placed on P.I.P., let go, and in need of a referral for legal assistance . . . can you help?
  57. QA 50: “I’ve been placed on a Performance Improvement Plan (“PIP”) for not being proficient in something that is not even part of my job. What can I do?”
  58. QA 51: “My employer did not follow the Performance Improvement Plan I was placed on. What should I do?”
  59. QA 52: “My employer engages in a process called ‘forced ranking,’ which was used to give me my first negative review in 10 years, and deny me severance. Anything I can do?”
  60. QA 53: “My Performance Improvement Plan (‘PIP’) seems irrational. What should I do?”
  61. QA 54: “Performance Improvement Plan – Questions”
  62. QA 55: “Should I bring someone with me to a meeting about a Performance Improvement Plan (‘PIP’)?”
  63. QA 56: “Since I was diagnosed with ADHD during my Performance Improvement Plan (‘PIP’), should that affect things?”
  64. QA 57: “This Performance Improvement Plan (‘PIP’) stuff seems so complicated, confusing and overwhelming. Is it really possible to beat this?”
  65. QA 58: “What can I do if I was placed on a Performance Improvement Plan (“PIP”), and my Manager seems to be sabotaging my improvement efforts?”
  66. QA 59: “What can I do if I was put on a Performance Improvement Plan in response to my taking a FMLA leave of absence?”
  67. QA 60: “Why do employers bother giving employees Performance Improvement Plans (“PIP’s”), if they always fire them after?”
  68. QA 61: “Will submitting a Performance Review rebuttal backfire?”

K. Discrimination, Harassment & Hostility

"Prejudice is the reason of fools."
Voltaire

  1. NL 1: “How can I get an extension to file a lawsuit on my own?”
  2. NL 2: “If the EEOC is investigating a discrimination claim, can the employer question the employee at the same time?”
  3. NL 3: “Recording Conversations with Your Boss or HR” What You Need to Know
  4. NL 4: #MeTooEnabler – Might You Know One?
  5. NL 5: 21 Ways to Avoid Being Accused of Sexual Harassment
  6. NL 6: Do You Know . . . that Stalking, including STALKING AT WORK, is now a CRIME in most States?
  7. NL 7: Filing a Complaint or Grievance at Work? Remember that “Specificity Yields Credibility”
  8. NL 8: Military? – Special Civilian Job Rights are Yours
  9. NL 9: Quid Pro Quo – Key Words & Phrases
  10. NL 10: Your Complaint Labeled “Baseless”? Consider an “Investigation Push Back Letter”
  11. NL 11: “#MeToo is Now #YouToo, Too” – Dignity for one requires dignity for all
  12. NL 12: “Interview After Employee Files a Complaint – 26 Pointers for Attending the Meeting”
  13. NL 13: “Is My Employment Discrimination Case Strong? – Here’s How to Tell”
  14. QA 1: “After a Complaint, the Employer’s Legal Duties to Separate and Protect.”
  15. QA 2: “Can’t take further abuse, and can’t complain or leave. Any ideas?”
  16. QA 3: “Directed by my employer to discriminate; what can I do?”
  17. QA 4: “Harassed; On Final Warning; Getting Sick – Is it time to give up and find a new job?”
  18. QA 5: “How can I get an extension to file a lawsuit on my own?”
  19. QA 6: “How can I get more time to file a discrimination lawsuit?”
  20. QA 7: “How to File a Federal Lawsuit without an Attorney”
  21. QA 8: “I fear the consequences of filing a complaint; any suggestions?”
  22. QA 9: “I fear workplace violence; what should I do?”
  23. QA 10: “If I think my termination might have been related to my age, should I consult with an attorney?”
  24. QA 11: “Is asking what year you graduated from college a kind of age discrimination?”
  25. QA 12: “Is it ‘reverse discrimination’ if some people can use racist words, but some people can’t?”
  26. QA 13: “Is it discrimination when a boss favors an employee he is dating?”
  27. QA 14: “Is threatening to file a sexual harassment complaint equal to extortion?”
  28. QA 15: “My raise was tiny. Illegal discrimination, or legal cost-cutting?”
  29. QA 16: “Should I file a complaint with HR, or just resign?”
  30. QA 17: “Stress from work is killing me. Please help!!”
  31. QA 18: “What if my former employer ignores my filed discrimination complaints?”
  32. QA 19: “After I have signed a severance agreement, without help from an attorney, can I still file a discrimination complaint with the federal Equal Employment Opportunity Commission (EEOC)?”
  33. QA 20: “Can I be fired for having a sick child?”
  34. QA 21: “Can my boss legally replace me with his girlfriend?”
  35. QA 22: “Do I have a case of discrimination?”
  36. QA 23: “Do you think that employers are targeting older workers for layoffs and Performance Improvement Plans?”
  37. QA 24: “Does this sound like I have a case of discrimination?”
  38. QA 25: “Harassed and Going Crazy – What Can I Do?”
  39. QA 26: “I’ve filed a Human Rights Commission complaint of discrimination. Is there anything else I can do now?”
  40. QA 27: “If, after I filed an EEOC claim, my boss is menacing me and even touching me in a disturbing way, what should I do?”
  41. QA 28: “Is a 17-year-old protected by the age discrimination laws, or a company’s age-related policies?”
  42. QA 29: “Is hiring by ‘experience level’ illegal age discrimination?”
  43. QA 30: Human Resources . . . Employee Relations . . . What’s the Difference?
  44. QA 31: Laid Off for a “Phony” Reason; Might it Be Discrimination?
  45. QA 32: Quid Pro Quo – Key Words & Phrases
  46. QA 33: “During an EEOC investigation, can my employer interrogate me?”
  47. QA 34: “Pregnancy: Rights under Disability, FMLA and Discrimination laws.”

L. Resigning from Your Job

"No matter how far you have gone on the wrong road, turn back."
Turkish Proverb

  1. NL 1: “Garden Leave’s Little Secret: It is Not Very Enforceable”
  2. NL 2: “Hey it’s October . . . It’s Time to Re-THINK Your Resume”
  3. NL 3: “Should I tell my family-business employer I am looking for a new job?”
  4. NL 4: “Thinking of Your Own Small Business? – Four Paths to Pursue”
  5. NL 5: Did You Hear? It Seems More Employees are Quitting Their Jobs
  6. NL 6: Don’t Be Fooled by the “May – Shall” Trick
  7. NL 7: FMLA – Great Tool to E-x-t-e-n-d Employment
  8. NL 8: Garden Leave . . . Is Negotiable
  9. NL 9: Hey, It’s August . . . We Call This “Protect Your ‘Rolodex’ Month”
  10. NL 10: If You Leave Your Job, Can You Take Your Customers With You?
  11. NL 11: If you leave your job, “L.E.A.V.E.” is how you spell “Must-Take Checklist.”
  12. NL 12: Illegal Workplace Discrimination? Here’s How to Tell
  13. NL 13: In Job Transitions, Focus On “The Three T’s Of Transition”
  14. NL 14: Involuntary Resignation – Standing Up, Not Giving Up, to an Intolerable Situation at Work
  15. NL 15: Resigning From Your Job – The 21 Necessary Precautions
  16. NL 16: “Need a Work Document from HR? Afraid to Ask? – Here’s How”
  17. QA 1: “18 non-volatile reasons to offer a bully boss when resigning”
  18. QA 2: “After resigning, must I ‘close out’ a Performance Improvement Plan?”
  19. QA 3: “Any suggestions for timing of two spouses’ resignations?”
  20. QA 4: “Can ‘involuntary resignation’ be used in an ‘at will’ state (for a bully boss)?”
  21. QA 5: “Can a resignation be made effective on a later date that avoids a repayment obligation?”
  22. QA 6: “Can an employee rescind a resignation?”
  23. QA 7: “Can I be on ‘Garden Leave’ and reemployed elsewhere at the same time?”
  24. QA 8: “Can my boss make me sign a letter saying I left voluntarily in return for a letter of recommendation?”
  25. QA 9: “Can my employer refuse to let me resign?”
  26. QA 10: “Compensation lowered; can I resign and collect Unemployment Benefits?”
  27. QA 11: “Due to anxiety attacks, I am on FMLA leave; will I be fired when I return?”
  28. QA 12: “Give 90 days resignation notice or repay bonuses – Is that legal?”
  29. QA 13: “How can I best resign to a very good boss?”
  30. QA 14: “How should I tell my mentor and HR I want to resign after one month?”
  31. QA 15: “I resigned under unusual circumstances – did I just throw away any chance for unemployment compensation?”
  32. QA 16: “If I give notice, but am told ‘leave now,’ do I get paid?”
  33. QA 17: “If I resign after 9 months of the year, how can I still get my yearly bonus?”
  34. QA 18: “If I resign will I still get my retirement money I put in?”
  35. QA 19: “If my boss tells me to find a new job, and I find one, do I lose my severance?”
  36. QA 20: “In South Africa, can I give less than one month notice?”
  37. QA 21: “My Former Employer Keeps Telling Clients I’m Still Employed – What Should I Do?”
  38. QA 22: “On FMLA. Don’t want to return, but want unvested stock. What can I do?”
  39. QA 23: “Placed on a Performance Improvement Plan (“PIP”) the day I returned from maternity leave. How do I submit an Involuntary Resignation letter?”
  40. QA 24: “Resigned and relocated for my daughter’s health; seem plausible?”
  41. QA 25: “Resigned due to stress, overwork and burn out. Can I get unemployment?”
  42. QA 26: “Should I file a complaint with HR, or just resign?”
  43. QA 27: “Should I tell my family-business employer I am looking for a new job?”
  44. QA 28: “Use ‘The Three D’s’ when resigning from a good job.”
  45. QA 29: “Who is your next employer? – How should I respond?”
  46. QA 30: “After I ‘involuntarily resigned’ under unfair circumstances, I was denied unemployment. Do I have any rights?”
  47. QA 31: “After I’ve resigned, can my employer fire me before the last date I told them I would work?”
  48. QA 32: “Can a wife resign her husband out of his job?”
  49. QA 33: “Can an employee be fired for giving notice (of resignation)?”
  50. QA 34: “Can an employer delay accepting an employee’s resignation?”
  51. QA 35: “Can I ‘adjust’ what my employer deems ‘two weeks notice’?”
  52. QA 36: “Can I be forced to sign a ‘voluntary’ resignation form to get my severance?”
  53. QA 37: “How can you resign from a job in both silence and good conscience, if it means that people in need will only remain in greater need?”
  54. QA 38: “How do I resign and still get unemployment benefits?”
  55. QA 39: “How might I resign, and get the balance of my employment contract paid out to me?”
  56. QA 40: “I have a good working relation with my employer. If I collect my bonus, and then resign, will I jeopardize my reputation and the respect I have earned?”
  57. QA 41: “I resigned for fear of my boss; can I withdraw it?”
  58. QA 42: “If I am fired for harassment, can I collect unemployment?”
  59. QA 43: “If I give in my notice of resignation, effective in two weeks, and bonuses are due in one week, can I lose my bonus?”
  60. QA 44: “If I give six weeks notice of retirement, can my employer terminate me before that?”
  61. QA 45: “If I give two weeks’ notice, can I use my earned vacation time as part of that two weeks?”
  62. QA 46: “If I resigned effective January 31, but was then laid off on January 11, do I have any legal options?”
  63. QA 47: “If I submit an Involuntary Resignation, and mention specific things that happened to me, can my employer make a claim or start a lawsuit against me?”
  64. QA 48: “Is it OK to give notice of resignation BEFORE I fully vest in my 401k?”
  65. QA 49: “My boss told my colleagues I resigned, which is false. He then sent me home. What should I do?”
  66. QA 50: “Need Simple Resignation Letter – Can You Provide One?”
  67. QA 51: “Questions about Timing of Resignation”
  68. QA 52: “Resign or Be Terminated. What should I do?”
  69. QA 53: “Small Firm Employee: Will They Take My Leaving “Personally?”
  70. QA 54: “What are the ramifications of being terminated, as opposed to resigning?”
  71. QA 55: “When an agreement ‘expires’ on a certain date, do you have to also give ‘notice’ of leaving?”
  72. QA 56: “When resigning, must I work one day extra if requested by my employer?”
  73. QA 57: “Will I be looked down upon in the business world if I give less than the 90 days of notice required by our employee handbook?”
  74. QA 58: Any ways to get satisfaction after resigning?
  75. QA 59: Does a conflict of interest continue after you have resigned?
  76. QA 60: Forced to Leave: How Should I Do It?
  77. QA 61: Forged resignation . . . What should I do?
  78. QA 62: I gave 30 days’ notice; my boss wants that to be 30 work days. Who is right?
  79. QA 63: If I resign, can I collect for accrued but unpaid vacation?
  80. QA 64: My daughter gave “Notice,” then got sick, and can’t go back to finish her notice period. Is that going to be a problem?
  81. QA 65: Should I Resign to Avoid Possible Termination?
  82. QA 66: Vacation Pay Accrued – Is It Paid to Me If I Resign?
  83. QA 67: “Can I decline a job offer I already accepted without ‘burning bridges?‘”
  84. QA 68: “Do employees have a ‘Right to Quit’?”
  85. QA 69: “How should I respond to a request for an Exit Interview?”
  86. QA 70: “Is it wise to resign because promotion was denied, and without a new job?”

M. Retention Bonuses & Agreements

"The key challenge of our times is to keep your key people."
Alan Shugart

  1. NL 1: For Our Bear Stearns Friends and Similarly Situated Persons: Sklover’s Primer on Retention Agreements
  2. NL 2: How to Negotiate “Retention Agreements”
  3. NL 3: Retention Agreement Contain a Release? If So, It Just Might Be Your Severance
  4. NL 4: “Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”
  5. NL 5: “Responding to a Retention Bonus Offer” – Ten Wise Steps”
  6. NL 6: “This Contract Must Be Kept Confidential” Clause – Seven Points to Ponder
  7. QA 1: “Can I ask a prospective employer to pay the retention package I will lose if I take the new job?”
  8. QA 2: “How should I ask for a retention bonus?”
  9. QA 3: “When is it proper to request a retention bonus?”
  10. QA 4: “How much should my husband ask to be ‘retained’ by his company for six months longer than he would like to stay on?”
  11. QA 5: “My employer is selling my division, and would like me to agree to stay on after the sale. How much retention and severance monies should I expect?”
  12. QA 6: “Any way I can get a ‘success bonus’ for helping attract a buyer for my company?”

N. Fired, Downsized or Laid Off

"Get to know God in prosperity so God will know you in adversity."
Muslim Proverb

  1. NL 1: “18 Tips to Address Job-Loss Anxiety and Blues”
  2. NL 2: “Cause” for Firing – What Exactly is It?
  3. NL 3: “Thinking of Your Own Small Business? – Four Paths to Pursue”
  4. NL 4: Confidentiality and Non-Disclosure Duties – The Four “Situational Exceptions”
  5. NL 5: Did You Know That . . . Recording Calls or Meetings Can Get You Fired
  6. NL 6: Gifts at Work – Giving or Accepting – are Not Wise
  7. NL 7: Here’s What to Do if You’re Laid Off . . . or Think You Will Soon Be
  8. NL 8: Hey, It’s August . . . We Call This “Protect Your ‘Rolodex’ Month”
  9. NL 9: Job Loss Rebound – How to Do It “A.S.A.P.”
  10. NL 10: Letter of Education – Key Words & Phrases
  11. NL 11: Make a “Go File” . . . Pleeeeeze
  12. NL 12: The Increasing Use of “Institutional Leverage” In Resolving Workplace Disputes
  13. QA 1: “Can having a business website ‘on the side’ be reason for termination?”
  14. QA 2: “Can the Board Hire one of its Members, and Lie about It?”
  15. QA 3: “Do I have a Right to Know the Reason I was Let Go?”
  16. QA 4: “Fired for being overheard speaking to a colleague; anything I can do?”
  17. QA 5: “Fired for false accusation. What can I do?”
  18. QA 6: “I was laid off from my job, but then I received a letter that said I resigned. Are my unemployment insurance benefits at risk?”
  19. QA 7: “I was laid off in a large reduction in workforce. The decision to choose me for layoff doesn’t make sense. Is it too late to ask for the reason they chose me? Who should I ask?”
  20. QA 8: “If I am terminated for cause, can accumulated leave time and comp time be denied me?”
  21. QA 9: “If laid off and offered a lower job, will declining it result in losing severance or unemployment benefits?”
  22. QA 10: “Is stating that I would not stay in a building on fire grounds for termination?”
  23. QA 11: “Is there ‘life’ beyond a horrible firing?”
  24. QA 12: “Laid off. I confirmed my receipt of the Layoff Documents. Did I Goof?”
  25. QA 13: “Must an employer offer new jobs to people recently laid off?”
  26. QA 14: “Must I give a tape recording to my boss?”
  27. QA 15: “What is ‘after-acquired cause’ for firing?”
  28. QA 16: “With no anti-texting policy, can I be fired for texting?”
  29. QA 17: “Can an employee be fired for giving notice (of resignation)?”
  30. QA 18: “Can I be fired for being ‘insubordinate’ when I am not even working?”
  31. QA 19: “Fired for Unknown Misconduct – Any Recourse?”
  32. QA 20: “If it hasn’t yet been accepted, can a severance offer be changed, or withdrawn?”
  33. QA 21: “Is it fair to fire someone for re-sending to others unsolicited, offensive emails?”
  34. QA 22: “Is there an agreed definition of ‘insubordination’?”
  35. QA 23: Being Out Sick: Can I Be Fired for That, or During That?
  36. QA 24: Did You Know That . . . Recording Calls or Meetings Can Get You Fired
  37. QA 25: Eavesdropping on the Boss: Is it “Cause” to Fire Me?
  38. QA 26: Fired a Week AFTER I Quit? – Is That Legal?
  39. QA 27: Fired from Two Local Government Jobs: Any Way to Combat Possible Political Influence?
  40. QA 28: Fired, but Not Told: Is that Legal?
  41. QA 29: Fired, without Notice; What can I do?
  42. QA 30: I might be laid off. Should I raise concerns about discrimination now, before it happens?
  43. QA 31: I was supposedly “downsized,” but found out I was replaced. Any recourse?
  44. QA 32: Is it legal to lay off both husband and wife if they both work for the same employer?
  45. QA 33: Laid Off for a “Phony” Reason; Might it Be Discrimination?
  46. QA 34: Letter of Education – Key Words & Phrases
  47. QA 35: Must employers provide a reason for terminating an employee?
  48. QA 36: Rumor I might be fired. What should I do?
  49. QA 37: Should I persist in asking WHY I was terminated?
  50. QA 38: Terminated for Unpaid Parking Ticket – Is That Possible?
  51. QA 39: “Can I get fired for refusing to work on the weekends?”
  52. QA 40: “Fired after I resigned; will it affect my open job offer?”
  53. QA 41: “Subsidized COBRA in Severance – What’s that?”

O. Severance Packages

"Turn a setback into a comeback."
Billy Brewer, College Football Coach

  1. NL 1: “Survivor Demotion” – When a Lower Level Job Is Preferable to Layoff
  2. NL 2: “Vacation and Vacation Pay – 50 Frequently Asked Questions”
  3. NL 3: Expense Reports Are Ending Careers Like Never Before
  4. NL 4: FMLA – Great Tool to E-x-t-e-n-d Employment
  5. NL 5: Heard a Recruiter is Shopping Your Job? Here’s Nine Suggested Steps
  6. NL 6: Hey, It’s August . . . We Call This “Protect Your ‘Rolodex’ Month”
  7. NL 7: Mitigation – Key Words & Phrases
  8. NL 8: Negotiating Severance: Your 6 Sources of Leverage
  9. NL 9: Non-Compete or Non-Solicit? Use “C.A.T.C.H.” to Understand It
  10. NL 10: Non-Solicitation Does NOT Mean Non-Communication
  11. NL 11: Performance Improvement Plan a Fraud? – Here’s 12 Clear Indicators
  12. NL 12: Self-Help Action Plan 1: “Totally Frazzled from Work? Here’s What You Can Do”
  13. NL 13: Severance Offers: When It Pays to Say “No Thank You”
  14. NL 14: Severance Payments: Can I Lose Them If My Employer Goes Bankrupt?
  15. NL 15: Yahoo! Uses Severance Packages Strategically to Thwart Microsoft Takeover – Lessons You Can Draw
  16. NL 16: “Not Feeling Well Enough to Work? – 13 Workplace Options (Part 1 of 2)”
  17. NL 17: “Not Feeling Well Enough to Work? – 13 Workplace Options (Part 2 of 2)”
  18. NL 18: “Problem Not Yet Solved; What’s My Next Step?” Your Five Alternative Next Steps
  19. NL 19: “This Contract Must Be Kept Confidential” Clause – Seven Points to Ponder
  20. QA 1: “Can a severance agreement require that my husband give up vested stock and stock options?”
  21. QA 2: “Can I be denied severance, or unemployment benefits, if I don’t accept a position offered to me by the company that just laid me off?”
  22. QA 3: “Can I request severance or a cash settlement to keep quiet about an illegal practice by my employer?”
  23. QA 4: “Can I say ‘Skip the PIP’ and go straight to severance?”
  24. QA 5: “Can I use my severance to get a ‘bridge to retirement?'”
  25. QA 6: “Can my boss make me sign a letter saying I left voluntarily in return for a letter of recommendation?”
  26. QA 7: “Can severance consist just of retirement monies?”
  27. QA 8: “Continuing Cooperation Clause” in Severance Agreement: A Problem?
  28. QA 9: “How do I write a letter asking for more severance based on ‘humanitarian’ reasons?”
  29. QA 10: “If an employee has a Master’s Degree paid for by an employer, based on the employee’s promise to stay three years, or repay the $30,000, what happens if the employee is laid off?”
  30. QA 11: “If I negotiate, will my severance be taken off the table?”
  31. QA 12: “If laid off and offered a lower job, will declining it result in losing severance or unemployment benefits?”
  32. QA 13: “If laid off near year-end, am I entitled to partial bonus?”
  33. QA 14: “If my boss tells me to find a new job, and I find one, do I lose my severance?”
  34. QA 15: “If only the employee signs the severance agreement, is the employer bound by it?”
  35. QA 16: “Is threatening to file a sexual harassment complaint equal to extortion?”
  36. QA 17: “My company is being sold. Should I stay on and work for the purchasing company, or take my severance and go?”
  37. QA 18: “My severance agreement says I can never re-apply; can I get around that?”
  38. QA 19: “Offered pittance of a severance. What is my next step?”
  39. QA 20: “Offered severance at the end of a Performance Improvement Plan; can I ask for more?”
  40. QA 21: “Vacation and Vacation Pay – 50 Frequently Asked Questions”
  41. QA 22: “What constitutes a ‘hostile work environment’?”
  42. QA 23: “What is ‘after-acquired cause’ for firing?”
  43. QA 24: “What should I ask for regarding severance?”
  44. QA 25: “What’s better – asking for more severance without an attorney, or with one?”
  45. QA 26: “When laid off, can I get my unvested options vested?”
  46. QA 27: “Work in New Jersey; employer in Massachusetts. Which state’s lawyers can help me?”
  47. QA 28: “After I have signed a severance agreement, without help from an attorney, can I still file a discrimination complaint with the federal Equal Employment Opportunity Commission (EEOC)?”
  48. QA 29: “After severance, can I sue my employer for workplace stress?”
  49. QA 30: “Any tips on how to negotiate severance?”
  50. QA 31: “Are you a fan of outplacement services?”
  51. QA 32: “Can I be forced to sign a ‘voluntary’ resignation form to get my severance?”
  52. QA 33: “Can I really negotiate for better severance?”
  53. QA 34: “Can I trust things my present employer is saying in meetings about severance and the intentions of the company’s new owners?”
  54. QA 35: “Can my boss legally replace me with his girlfriend?”
  55. QA 36: “Can my employer require me to sign a document acknowledging that I was terminated for poor performance as a condition to my receiving severance?”
  56. QA 37: “Can severance be negotiated? Anything I can do if I’ve already accepted the severance?”
  57. QA 38: “Can we ask for a previously-offered severance package that was better than this one?”
  58. QA 39: “How long is an offer of severance good for?”
  59. QA 40: “How much should my husband ask to be ‘retained’ by his company for six months longer than he would like to stay on?”
  60. QA 41: “I accepted a severance package four weeks after the deadline. Can my former employer refuse to pay?”
  61. QA 42: “If after I signed a severance agreement, I found out new info, could I still bring a case of wrongful termination?”
  62. QA 43: “If I receive severance payments over time, will that count toward the time I need to vest in the company retirement plan?”
  63. QA 44: “If I signed a severance (or separation) agreement, can I still sue my employer for unlawful termination?”
  64. QA 45: “If I take a new job elsewhere before my job is lost, will I lose my severance?”
  65. QA 46: “If it hasn’t yet been accepted, can a severance offer be changed, or withdrawn?”
  66. QA 47: “If my severance is reduced by monies I make working elsewhere, can I simply ask that payments I earn be delayed?”
  67. QA 48: “In negotiating my severance, can I use as leverage the fact that I know how much different employees are paid?”
  68. QA 49: “In Ohio, will my receiving severance reduce or limit my collecting unemployment benefits?”
  69. QA 50: “Offered so-called ‘voluntary’ separation, with enhanced severance. Should I accept it?”
  70. QA 51: “Other than outplacement, what can an employer do for a laid off employee?”
  71. QA 52: “Should I ask for more time to negotiate severance?”
  72. QA 53: “What is an ‘Administrative Claim’ for severance?”
  73. QA 54: “While I am on severance, can I be required to work, without extra pay?”
  74. QA 55: “While on ‘termination notice,’ if I leave my company for a new job, before my last scheduled day of employment, will I still get severance?”
  75. QA 56: Can an employee ever ASK for a severance package? (We call that “Pre-emptive Severance Request”)
  76. QA 57: How Much Severance is Fair?
  77. QA 58: Isn’t “mitigation” of severance unfair?
  78. QA 59: Mitigation – Key Words & Phrases
  79. QA 60: Must employers provide a reason for terminating an employee?
  80. QA 61: Not paid what I was promised. Should I raise that issue in severance negotiations?
  81. QA 62: Possible Bonus Payment Not Written in Severance Agreement – What Should I Do?
  82. QA 63: Refusing to Resign: Can HR Change Severance Offer?
  83. QA 64: Severance Deadline Nears – What Do I Do Now?
  84. QA 65: “After severance, what you CAN and CANNOT say”
  85. QA 66: “Do I have any chance of collecting severance if my employer goes bankrupt after I’ve been laid off?”
  86. QA 67: “If I sign a Performance Improvement Plan, if I am let go, might I get a Severance Package?”
  87. QA 68: “If my employer pays my attorney fees, am I taxed on the amount they pay?”
  88. QA 69: “My company avoids both severance and pensions by something called ‘re-badging’ employees. Is this legal?”
  89. QA 70: “No Re-Hire” Clause in my Severance Agreement – Why??

P. References and Recommendations

"It takes a lifetime to build a reputation, but just a moment to lose it."
Yiddish Proverb

  1. NL 1: Hey, It’s November . . . It’s Time to Gather “Value Proven” Letters
  2. NL 2: The “Seeking a New Job Letter” – Often Overlooked, but Highly Effective
  3. QA 1: “Can my boss make me sign a letter saying I left voluntarily in return for a letter of recommendation?”
  4. QA 2: “Can my present employer ask a prospective employer not to hire me?”
  5. QA 3: “I accepted a job offer, but now they insist on one more reference. Must I comply?”
  6. QA 4: “Is it OK to ‘deflate’ my resume?”
  7. QA 5: “My former employer refuses even to confirm my dates of employment. Any recourse?”
  8. QA 6: “What happens if a prospective employer I’m interviewing with contacts my present employer? Should I let them?”
  9. QA 7: “Are prospective employers limited in what they can ask a former employer about you, and is the former employer limited in what it can say?”
  10. QA 8: “After severance, what you CAN and CANNOT say”
  11. QA 9: “Can a former employee negotiate to get a neutral reason for departure from her former employer after she was terminated for poor performance?”
  12. QA 10: “Can I stop my former employer from telling prospective employers that they would not hire me back if I applied?”
  13. QA 11: “How can I best obtain a confirmation of my prior employment?”
  14. QA 12: “How can I collect commissions due me from my former employer and still get a good job reference?”
  15. QA 13: “How can I deal with the possibility that my present employer is sabotaging my attempts to get a new job by saying bad things about me?”
  16. QA 14: “I previously sued an employer. How can I explain that on my resume and interview?”

Q. Repayment Obligations

"It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities."
Josiah Charles Stamp

  1. NL 1: Gross Up – Key Words & Phrases
  2. NL 2: Voluntary – Key Words & Phrases
  3. NL 3: “Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”
  4. NL 4: “Repayment Obligations When Leaving a Job – How to Get Them Waived”
  5. QA 1: “Can a relocation repayment obligation last forever, if the words suggest that?”
  6. QA 2: “Can a resignation be made effective on a later date that avoids a repayment obligation?”
  7. QA 3: “Can I be forced to repay commissions I never received?”
  8. QA 4: “Can vague words in an offer letter create a repayment promise?”
  9. QA 5: “Claw-back: If no amount is stated, is it enforceable?”
  10. QA 6: “Does a repayment obligation in an employment contract become invalid if there is no ‘survival clause?'”
  11. QA 7: “Give 90 days resignation notice or repay bonuses – Is that legal?”
  12. QA 8: “If an employee has a Master’s Degree paid for by an employer, based on the employee’s promise to stay three years, or repay the $30,000, what happens if the employee is laid off?”
  13. QA 9: “If my employer aborts my relocation, do I still have to reimburse it if I leave?”
  14. QA 10: “Is sign-on bonus repayment to an employer ‘before taxes’ or ‘after taxes’?”
  15. QA 11: “My former employer took money out of my bank account. Is that legal?”
  16. QA 12: “Can an employer just ‘hold back’ money it claims it is owed by an employee under a ‘claw back’ provision?”
  17. QA 13: “Must I repay a ‘Sign On’ bonus if I am fired on trumped up charges?”
  18. QA 14: Gross Up – Key Words & Phrases
  19. QA 15: Voluntary – Key Words & Phrases
  20. QA 16: “If I’m ‘at will’ and therefore can leave my job whenever I want to, what effect does that have on an agreement I signed that I would repay monies if I left before 12 months?”

R. Responding to "Why did you leave?"

Remarking on his hiring a man who had been responsible for a loss of
$377 million at his previous last job. "We believe in second chances."
Alan C. “Ace” Greenberg, Chairman, Bear Stearns
[Business Week, February 15, 1988]

  1. QA 1: “Eight positive reasons to explain frequent job changes.”
  2. QA 2: “I Was Asked to Resign: What Do I Tell Interviewers?”
  3. QA 3: “Lost My Composure after 10 Years; Permitted to Resign. What do I put under ‘Reason for Leaving?'”
  4. QA 4: “Resigned and relocated for my daughter’s health; seem plausible?”
  5. QA 5: “What can I tell prospective employers about my secret government work?”
  6. QA 6: “How can I best answer the question on a job application ‘Have you ever been terminated or asked to resign?’”
  7. QA 7: “I don’t know how to answer ‘Why were you terminated?’”
  8. QA 8: “What are the ramifications of being terminated, as opposed to resigning?”
  9. QA 9: Interviewer’s Question: “Have you ever been asked to resign?” How Should I Respond?
  10. QA 10: Left my job due to co-worker threats. What do I say in interviews?
  11. QA 11: Resigned, but Need an Explanation
  12. QA 12: Terminated: Do I Admit That in Interviews?
  13. QA 13: What’s My Best Response to “Why did you leave?”
  14. QA 14: “After severance, what you CAN and CANNOT say”
  15. QA 15: “How do I explain job loss after a personal tragedy made me lose focus?”
  16. QA 16: “When interviewing for a new job, if I am asked about my pending lawsuit against my former employer, what do I say?”

S. Arbitration and Mediation

"No man can think clearly with his fists clenched."
George Jean Nathan

  1. NL 1: Beware the Extraordinary Expense of Arbitration
  2. NL 2: Making Arbitration Work for You, Not Against You – “Sklover’s Arbitration Rules”
  3. NL 3: Mediation of Workplace Disputes: “What’s It All About?”
  4. QA 1: “10 Best Ways to ‘Get Out Of’ an Agreement to Arbitrate”
  5. QA 2: “If I win in arbitration, must I sign away my rights?”
  6. QA 3: “Can my former employer require me to resolve my claims against it by using their own ‘resolution program,’ instead of in court?”

T. Disputes and Resolving Them

"Who rides a tiger cannot dismount."
Chinese Proverb

  1. NL 1: “How can I get an extension to file a lawsuit on my own?”
  2. NL 2: “If the EEOC is investigating a discrimination claim, can the employer question the employee at the same time?”
  3. NL 3: “What is Joint Employer Liability?” Many Workers Have Two Employers, But Don’t Know It
  4. NL 4: Did You Know That . . . Recording Calls or Meetings Can Get You Fired
  5. NL 5: Don’t be too Rational . . . It’s not Logical.
  6. NL 6: Email at Work – Avoid These “Dozen Digital Disasters”
  7. NL 7: Fired Compliance Officer Strikes Back – Is Awarded $51 Million for Doing So
  8. NL 8: Gifts at Work – Giving or Accepting – are Not Wise
  9. NL 9: Giving and Receiving Gifts at Work -Ten Practical Precautions
  10. NL 10: Heard a Recruiter is Shopping Your Job? Here’s Nine Suggested Steps
  11. NL 11: Job Security Secret: “It’s a pebble . . . not a mountain.”
  12. NL 12: Mitigation – Key Words & Phrases
  13. NL 13: Sworn Affidavit – Powerful Tool to Resolve Workplace Disputes
  14. NL 14: The Bill O’Reilly Debacle – Its Most Important Negotiating Lesson for Employees
  15. NL 15: The Increasing Use of “Institutional Leverage” In Resolving Workplace Disputes
  16. NL 16: Work for Hire – Key Words & Phrases
  17. NL 17: Workplace Negotiating Insight No. 10: No Road Signs
  18. NL 18: “Bonus Disappointing? – Here’s How to Respond”
  19. NL 19: “Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”
  20. NL 20: “Injunctive Relief” Clauses in Contracts – What Do They Mean?
  21. NL 21: “Is My Employment Discrimination Case Strong? – Here’s How to Tell”
  22. NL 22: “Lawyer on Contingency Fee?” – Who “Swallows” the Expenses?
  23. NL 23: “Repayment Obligations When Leaving a Job – How to Get Them Waived”
  24. NL 24: “The Three Kinds of Fraud – Recognizing and Avoiding Them at Work”
  25. QA 1: “Can a letter be considered a verbal warning?”
  26. QA 2: “Can an employer insist that an employee’s Facebook page name an employer-representative as a “friend” so it can be closely monitored?”
  27. QA 3: “Can I do work ‘on the side’ so long as it doesn’t violate the non-compete I signed?”
  28. QA 4: “Can I fight a non-compete dispute in Court without an attorney?”
  29. QA 5: “Can I request severance or a cash settlement to keep quiet about an illegal practice by my employer?”
  30. QA 6: “Can I stop my former employer from using my voice on its answering service?”
  31. QA 7: “Can I sue my former employer for ‘interfering’ with my new job?”
  32. QA 8: “Can my bonus plan be changed due to a supposed mistake, after agreed to in a contract?”
  33. QA 9: “Can my present employer ask a prospective employer not to hire me?”
  34. QA 10: “Claw-back: If no amount is stated, is it enforceable?”
  35. QA 11: “Employer has reneged on all agreed terms. What are my rights?”
  36. QA 12: “How can I collect $5,000 my employer owes me, but doesn’t seem to want to pay it?”
  37. QA 13: “How can I diplomatically ask why I did not receive a workplace Award?”
  38. QA 14: “How can I get an extension to file a lawsuit on my own?”
  39. QA 15: “How can I get more time to file a discrimination lawsuit?”
  40. QA 16: “How can I stop interference with my employment?”
  41. QA 17: “How does a court figure out a fair bonus?”
  42. QA 18: “How should I tell Senior Management I don’t want to work for my new boss?”
  43. QA 19: “I left my job due to a hostile workplace. Now, three weeks later, my boss wants to talk with me. What does he want?”
  44. QA 20: “If a firm was representing me in my case against my employer and was also doing work for my employer, is that a ‘conflict of interest’?”
  45. QA 21: “If I am not paid commissions due me, is my non-compete still valid?”
  46. QA 22: “If I work during FMLA leave, without prior approval, do I get paid?”
  47. QA 23: “If my boss approves a payment to me in error, am I entitled to receive it?”
  48. QA 24: “If my employer paid me late, and I incurred overdraft charges as a result, what can I do?”
  49. QA 25: “In what country should I start my lawsuit?”
  50. QA 26: “Is threatening to file a sexual harassment complaint equal to extortion?”
  51. QA 27: “Laptop missing before I left my former job. Am I responsible?”
  52. QA 28: “My Boss Complains Behind My Back – How Should I Respond?”
  53. QA 29: “My former employer is trying to sabotage my career, almost like a stalker. What can I do?”
  54. QA 30: “My former employer took money out of my bank account. Is that legal?”
  55. QA 31: “My husband was fired – falsely – for theft. Should he consult an attorney?”
  56. QA 32: “Offer Letter differs from Employment Contract; which controls?”
  57. QA 33: “Should I file a lawsuit in my city, or in the employer’s state of incorporation?”
  58. QA 34: “Toxic smell in the office: what can I do?”
  59. QA 35: “What if my former employer ignores my filed discrimination complaints?”
  60. QA 36: “When is it too late to get recourse?”
  61. QA 37: “After severance, can I sue my employer for workplace stress?”
  62. QA 38: “Can my former employer require me to resolve my claims against it by using their own ‘resolution program,’ instead of in court?”
  63. QA 39: “Fired for Unknown Misconduct – Any Recourse?”
  64. QA 40: “How can I get a copy of a document I signed and gave to my former employer?”
  65. QA 41: “How can I stop my ex-employer’s use of my photo and resume on its website?”
  66. QA 42: “How can I stop my former employer from using my picture on its website?”
  67. QA 43: Angry, Hostile Attorney for Boss – Any Recourse?
  68. QA 44: Boss forged my signature. What do I do?
  69. QA 45: Can I report something to HR and ask them to keep it confidential?
  70. QA 46: Did You Know That . . . Recording Calls or Meetings Can Get You Fired
  71. QA 47: Don’t worry about a bully boss’s “sensitivity.”
  72. QA 48: Job Description was very wrong. Any recourse?
  73. QA 49: Job Security Secret: “It’s a pebble . . . not a mountain.”
  74. QA 50: Mitigation – Key Words & Phrases
  75. QA 51: Settlement Offers – Do They Have to Be Kept Confidential?
  76. QA 52: What is “tortious interference with prospective business relations?”
  77. QA 53: Work for Hire – Key Words & Phrases
  78. QA 54: Workplace Negotiating Insight No. 14: Don’t Trust Promises from Those Who Don’t Honor Them
  79. QA 55: “Can I Work for a Licensee or Vendor of my Former Employer?”
  80. QA 56: “How can I best obtain a confirmation of my prior employment?”
  81. QA 57: “How can I collect commissions due me from my former employer and still get a good job reference?”
  82. QA 58: “How can I get my employer to honor the salary offer it made when I was hired?”
  83. QA 59: “Is Small Claims Court good for collecting monies owed by a former employer?”
  84. QA 60: “No Non-compete? No Stolen Secrets? You are Free.”

U. Unemployment Benefits

"You, yourself, must make the effort. The Buddhas are only teachers."
Buddhist Proverb

  1. NL 1: Unemployment Insurance Benefits: The 12 Basics You Need to Know
  2. QA 1: “Compensation lowered; can I resign and collect Unemployment Benefits?”
  3. QA 2: “I must take care of my sick child; can I get unemployment?”
  4. QA 3: “I’ve been denied unemployment, and I lost my appeal. I’m considering appealing again. Your thoughts?”
  5. QA 4: “I’ve collected three months of severance. Can I still file for unemployment compensation now?”
  6. QA 5: “If I don’t like my new job, can I go back on unemployment?”
  7. QA 6: “If laid off and offered a lower job, will declining it result in losing severance or unemployment benefits?”
  8. QA 7: “Insulted, overworked, and benefits taken away– can I get unemployment?”
  9. QA 8: “Is it true church employees don’t get unemployment benefits?”
  10. QA 9: “Resigned due to stress, overwork and burn out. Can I get unemployment?”
  11. QA 10: “Seven factors decide whether a business owner can collect unemployment benefits.”
  12. QA 11: “Stress from work is killing me. Please help!!”
  13. QA 12: “Can I collect Unemployment Insurance benefits at the same time I am pursuing a claim for Workers Compensation benefits?”
  14. QA 13: “Entitled to collect unemployment insurance even if full-time job offered to me?”
  15. QA 14: “For my appeal of a denial of unemployment benefits, should I point out that I am receiving COBRA subsidy, which makes no sense?”
  16. QA 15: “How do I resign and still get unemployment benefits?”
  17. QA 16: “I have an Unemployment Benefits Appeal Hearing coming up. What do I do?”
  18. QA 17: “If I am fired for harassment, can I collect unemployment?”
  19. QA 18: “If I turn down a different job, two hours away, with substantially lower pay, will I be eligible for unemployment benefits?”
  20. QA 19: “If my boss is hostile and my job is making me sick, can I resign and collect unemployment?”
  21. QA 20: “If my company is sold, can I collect unemployment insurance benefits?”
  22. QA 21: “In Ohio, will my receiving severance reduce or limit my collecting unemployment benefits?”
  23. QA 22: “Would earning money from stock investments disqualify me from unemployment?”
  24. QA 23: Can I collect unemployment insurance benefits while I am collecting severance?
  25. QA 24: “After successfully completing a Performance Improvement Plan, yet still told ‘It’s just not working out’ and let go, will I be entitled to unemployment insurance?”

V. Overtime, Commissions and Unpaid Wages

"Creditors have better memories than debtors."
James Howell, Author

  1. NL 1: “How can I get an extension to file a lawsuit on my own?”
  2. NL 2: “Vacation and Vacation Pay – 50 Frequently Asked Questions”
  3. NL 3: Commissions: What Happens When You Leave?
  4. NL 4: Involuntary Resignation – Standing Up, Not Giving Up, to an Intolerable Situation at Work
  5. NL 5: Overtime Pay: 80% of American Employees are Entitled. Are you?
  6. NL 6: Paid by Net Sales, Net Profits, Net Revenues? – Always Ask, “Net of WHAT?”
  7. NL 7: Recoupable – Key Words & Phrases
  8. QA 1: “Am I entitled to commissions on sales that took place before I was fired, even though they were not yet delivered?”
  9. QA 2: “Can I be forced to repay commissions I never received?”
  10. QA 3: “Can taking time off without permission get you fired?”
  11. QA 4: “Commission and Sales Bonus Plans: Read them or it will cost you.”
  12. QA 5: “How can I get an extension to file a lawsuit on my own?”
  13. QA 6: “I don’t get paid for cancelled appointments, although the company is. Should I?”
  14. QA 7: “If I am terminated for cause, can accumulated leave time and comp time be denied me?”
  15. QA 8: “If my friend is not getting paid what was promised in her offer letter, does she have any way to correct this?”
  16. QA 9: “Is there a limit to how many hours I can be required to work?”
  17. QA 10: “Is weekend travel time of an hourly employee compensable?”
  18. QA 11: “Laptop missing before I left my former job. Am I responsible?”
  19. QA 12: “Resigned due to stress, overwork and burn out. Can I get unemployment?”
  20. QA 13: “Vacation and Vacation Pay – 50 Frequently Asked Questions”
  21. QA 14: “Why is it acceptable to expect someone to work 60 to 70 hours a week?”
  22. QA 15: “Can an employer change the time commissions are earned and paid?”
  23. QA 16: “Can my boss tell me I have to renegotiate signed customer contracts, or suffer lower commissions if I can’t?”
  24. QA 17: “Can my employer change our commission plan any time it wants to?”
  25. QA 18: “What recourse do we have after our employer has reduced salaries 10% across the board?”
  26. QA 19: Recoupable – Key Words & Phrases
  27. QA 20: “How can I collect commissions due me from my former employer and still get a good job reference?”
  28. QA 21: “I am working way too many hours!! Any ideas??”

W. Employment Info and Insight

"You, yourself, must make the effort. The Buddhas are only teachers."
Buddhist Proverb

  1. NL 1: “Chief Continuity Officer” – Titles Reflect the Times, and So Much More
  2. NL 2: “What is Joint Employer Liability?” Many Workers Have Two Employers, But Don’t Know It
  3. NL 3: Fiduciary – Key Words & Phrases
  4. NL 4: Hey, It’s January: Time to Prepare Your Yearly “QVPTM Plan” [Part One of Two]
  5. NL 5: Hey, It’s January: Time to Prepare Your 2005 Yearly “QVP™ Plan” [Second of Two Parts]
  6. NL 6: Is it RIGHT to do THAT? Ethics Clarified by Six Questions
  7. NL 7: Job Security Secret: If you hear “At Will,” think “Unless Otherwise Agreed” (“U.O.A.”)
  8. NL 8: Military? – Special Civilian Job Rights are Yours
  9. NL 9: Want to See Your HR File? Here’s How
  10. NL 10: Will Wall Street Careers Ever Again Seem as Attractive as Billions in Bonuses “Evaporate?”
  11. NL 11: “Employers Seek Job Candidates with Empathy – A Critical, Yet Scarce, Attribute”
  12. NL 12: “Going to Be a Change Agent? – Get a Clear and Strong Mandate First.”
  13. NL 13: “Need a Work Document from HR? Afraid to Ask? – Here’s How”
  14. NL 14: “Who Owns The ‘Creative Things’ You Produce At Work?”
  15. QA 1: “Can an employer dictate who an employee can and can’t speak with?”
  16. QA 2: “Can I trust Human Resources to keep things confidential?”
  17. QA 3: “Can my employer refuse to let me resign?”
  18. QA 4: “Can my employer simply reduce compensation promised in my offer letter?”
  19. QA 5: “Can taking time off without permission get you fired?”
  20. QA 6: “Do employees have a right of free speech?”
  21. QA 7: “Does an independent contractor have a duty of loyalty?”
  22. QA 8: “Does federal law give me a right to send out resumes while working for my employer?”
  23. QA 9: “How can I convince an employer to hire me who believes it would be too risky?”
  24. QA 10: “How can I do my job if management does not do theirs?”
  25. QA 11: “How should an employer treat an employee who works for a competitor?”
  26. QA 12: “Injured while skiing at a Company Conference – Am I Eligible for Workers’ Compensation? What should I do?”
  27. QA 13: “Is it an invasion of privacy if incidents involving employees are reported company-wide, including employees’ names?”
  28. QA 14: “Is it discrimination when a boss favors an employee he is dating?”
  29. QA 15: “Is there a limit to how many hours I can be required to work?”
  30. QA 16: “Is there a problem giving a returning employee his former ID number?”
  31. QA 17: “Marijuana Legalization: Does it bring new issues into the Workplace?”
  32. QA 18: “My new job is not the promised job. What do I do?”
  33. QA 19: “Should a young professional who likes his job change jobs for 50% more pay?”
  34. QA 20: “Two Jobs Combined into One: Is that Legal?”
  35. QA 21: “Two questions about what happens when an employer declares bankruptcy – one from Oregon (U.S.), one from Ontario (Canada)”
  36. QA 22: “What should I expect after ‘re-badging?'”
  37. QA 23: “Why is it acceptable to expect someone to work 60 to 70 hours a week?”
  38. QA 24: Employee or Contractor: Do I Have a Choice?
  39. QA 25: Employment Living Restrictions: Must they be uniformly applied?
  40. QA 26: Fiduciary – Key Words & Phrases
  41. QA 27: Job Security Secret: If you hear “At Will,” think “Unless Otherwise Agreed” (“U.O.A.”)
  42. QA 28: Where can I find “niches” to further my career?
  43. QA 29: Which Labor Law – State or Federal – Applies?
  44. QA 30: “Can an employer require that you state your intentions about whether you will stay with the company?”
  45. QA 31: “Can an employer require you get its prior approval for a side job or a side business?”
  46. QA 32: “Can I be forced to take a flu shot or lose my hospital job?”
  47. QA 33: “Can I get fired for refusing to work on the weekends?”
  48. QA 34: “Can my employer change its attendance policy any way it wants to?”
  49. QA 35: “Can my former employer claim to be the author of a magazine article I wrote as part my duties?”
  50. QA 36: “Can you suggest my next career step and the next ‘hot’ industry?”
  51. QA 37: “Do employees have a ‘Right to Quit’?”
  52. QA 38: “Do I have any recourse if my job responsibilities, and income, are taken from me without notice?”
  53. QA 39: “Does a former employee have a legal right to see her former employer’s Employee Handbook?”
  54. QA 40: “How long do employers have to retain personnel records to make them available to ex-employees in Massachusetts?”
  55. QA 41: “I have a question about your recent post about New Jersey employees’ rights to copy company documents without being fired for it in retaliation.”
  56. QA 42: “If I’m ‘at will’ and therefore can leave my job whenever I want to, what effect does that have on an agreement I signed that I would repay monies if I left before 12 months?”
  57. QA 43: “Is it a conflict of interest if I work in the same place as my son, and I cover a shift for him?

X. Inspiration, Encouragement, Motivation

"Do not cross this field unless you can do it in 9 seconds.
The bull can do it in 10."
- Sign in a Farmer’s Field

  1. NL 1: “Good Guidance for New Graduates”
  2. NL 2: “Thanks (Sort of) for the Rejection” – May Actually Be a Good Idea
  3. NL 3: A Thoughtful Message for New Grads – “Don’t Do What You Love”
  4. NL 4: Job Loss Rebound – How to Do It “A.S.A.P.”
  5. NL 5: Sklover’s Thought for the Work Week
  6. NL 6: Sklover’s Thought for the Work Week
  7. NL 7: Sklover’s Thought for the Work Week
  8. NL 8: Sklover’s Thought for the Work Week
  9. NL 9: Sklover’s Thought for the Work Week
  10. NL 10: Sklover’s Thought for the Work Week
  11. NL 11: The Surprising Power of Simple Appreciation – A Negotiator’s Secret
  12. NL 12: Time on Your Hands? – Get Valued Credentials Online
  13. QA 1: “How can I do my job if management does not do theirs?”
  14. QA 2: “I fear the consequences of filing a complaint; any suggestions?”
  15. QA 3: “Nine Paths to Locating Internships”
  16. QA 4: “Do you think that employers are targeting older workers for layoffs and Performance Improvement Plans?”
  17. QA 5: “Toxic boss and environment caused us all to quit. Now what do we do?”
  18. QA 6: Sklover’s Thought for the Work Week
  19. QA 7: Sklover’s Thought for the Work Week
  20. QA 8: Sklover’s Thought for the Work Week
  21. QA 9: Sklover’s Thought for the Work Week
  22. QA 10: Sklover’s Thought for the Work Week
  23. QA 11: Where can I learn to appear more confident?

Y. How to Deal with Attorneys

"A good lawyer knows the law. A great lawyer knows the judge."
Unknown

  1. NL 1: “How can I get an extension to file a lawsuit on my own?”
  2. NL 2: Can You Share Company Secrets With Your Lawyer?
  3. NL 3: Clawback – Key Words & Phrases
  4. NL 4: Fiduciary – Key Words & Phrases
  5. NL 5: Fired Compliance Officer Strikes Back – Is Awarded $51 Million for Doing So
  6. NL 6: Recoupable – Key Words & Phrases
  7. NL 7: Ten Very Goofy Things Employment Lawyers Tell Clients
  8. NL 8: The Bill O’Reilly Debacle – Its Most Important Negotiating Lesson for Employees
  9. NL 9: What to Do if a Former Employer Has Defamed You
  10. NL 10: Your Legal Fees in Employment Matters: Here’s How to Get Your Employer to Pay Them
  11. NL 11: “Is My Employment Discrimination Case Strong? – Here’s How to Tell”
  12. NL 12: “Lawyer on Contingency Fee?” – Who “Swallows” the Expenses?
  13. NL 13: “Non-Solicitation Agreements – From A to Z”
  14. NL 14: “Whereas” Clauses – The “Introduction” Clauses – Don’t be Hoodwinked
  15. QA 1: “Attorney I hired for a flat rate fee won’t finish until I pay more; what do I do?”
  16. QA 2: “Can an attorney refuse to finish my case because it is more difficult then he thought?”
  17. QA 3: “How can I get an extension to file a lawsuit on my own?”
  18. QA 4: “How do I collect bonus and severance due from my bankrupt employer?”
  19. QA 5: “How to File a Federal Lawsuit without an Attorney”
  20. QA 6: “I was served with a Grand Jury subpoena about my job; what do I do?”
  21. QA 7: “I’m a Union Member – Can I use a private Attorney to help me with a Problem?”
  22. QA 8: “If a firm was representing me in my case against my employer and was also doing work for my employer, is that a ‘conflict of interest’?”
  23. QA 9: “If I think my termination might have been related to my age, should I consult with an attorney?”
  24. QA 10: “In what country should I start my lawsuit?”
  25. QA 11: “Is it a conflict of interest for my attorney, during my case, to go to work for the other side’s law firm?”
  26. QA 12: “My husband was fired – falsely – for theft. Should he consult an attorney?”
  27. QA 13: “Seven Good Reasons ‘PIP-Pushback’ should not be by an Attorney”
  28. QA 14: “To Negotiate my Employment Contract, Should I Hire an Attorney to Help Me?”
  29. QA 15: “What can I do if I feel my lawyer overcharged me?”
  30. QA 16: “What’s better – asking for more severance without an attorney, or with one?”
  31. QA 17: “Who pays the cost of a lawsuit – attorney or client?”
  32. QA 18: “Will using an attorney to negotiate make things worse?”
  33. QA 19: “Work in New Jersey; employer in Massachusetts. Which state’s lawyers can help me?”
  34. QA 20: “Did my attorney charge me an unfair fee?”
  35. QA 21: “How do I find an attorney to determine the right jurisdiction for a claim?”
  36. QA 22: “How do I pick a good employment attorney to represent me?”
  37. QA 23: “If I retained an attorney to represent me in negotiation, but not in litigation, would that include mediation?”
  38. QA 24: “Should I replace my employment attorney?”
  39. QA 25: Angry, Hostile Attorney for Boss – Any Recourse?
  40. QA 26: Clawback – Key Words & Phrases
  41. QA 27: Fiduciary – Key Words & Phrases
  42. QA 28: Human Resources . . . Employee Relations . . . What’s the Difference?
  43. QA 29: Recoupable – Key Words & Phrases
  44. QA 30: “Any ideas on how to deal with a recruiter who seems to be sabotaging my job search?”
  45. QA 31: “Do I have a right to have an independent person accompany me to a performance review meeting?”
  46. QA 32: “How can I stop my resume from being used for unauthorized purposes?”
  47. QA 33: “If my employer pays my attorney fees, am I taxed on the amount they pay?”
  48. QA 34: “Should I bring someone with me to a meeting about a Performance Improvement Plan (‘PIP’)?”

Z. Going Out on Your Own

"Always remember that this whole thing started with a mouse."
- Walt Disney, Founder of Disney Movies and Cartoons

  1. NL 1: “Forming or Joining a Start-Up? – 16 Questions that Need to Be Answered”
  2. NL 2: “Thinking of Your Own Small Business? – Four Paths to Pursue”
  3. NL 3: “What is Joint Employer Liability?” Many Workers Have Two Employers, But Don’t Know It
  4. NL 4: Disintermediation – Key Words & Phrases
  5. NL 5: Growing Business Need Funding? Think “S.L.I.C.E.”
  6. NL 6: Job Loss Rebound – How to Do It “A.S.A.P.”
  7. NL 7: Navigating Yourself to Self-Employment: “Your 10 Critical Steps to Going Out on Your Own”
  8. NL 8: Non-Solicitation Does NOT Mean Non-Communication
  9. NL 9: Offered a Position and Shares in a Start-Up? – 10 Traps in the Legal Papers, and Your Ways Out
  10. NL 10: When Leaving Your Job, How to Take Your Colleagues With You
  11. NL 11: Your Company Considering Investors? Get Ready to call the “C.O.P.”
  12. NL 12: “Becoming a Consultant? – Here are 21 Smart Points to Raise”
  13. NL 13: “Got a New Business or Business Idea? – 10 Steps to Credibility”
  14. NL 14: “In-The-Meantime” Clause – This is One to Remember, and Request
  15. QA 1: “Can I be sued for poaching an employee from my former employer?”
  16. QA 2: “How can I negotiate more equity in a start-up venture?”
  17. QA 3: “Limited Liability Company or Liability Insurance: Which is Better for a New Company?”
  18. QA 4: “Non-Solicitation Agreements – Ten Practical Questions”
  19. QA 5: “Before leaving my job to open my own business, can I contact the clients to let them know?”
  20. QA 6: “Can I compete with my former employer without getting sued?”
  21. QA 7: “I’m thinking of leaving my job, and going freelance. What do you think?”
  22. QA 8: “What share should I ask for as a new firm partner?”
  23. QA 9: Disintermediation – Key Words & Phrases
  24. QA 10: Where can I find “niches” to further my career?
  25. QA 11: “No Non-compete? No Stolen Secrets? You are Free.”