39. Disputes – Resolving Them

"There are three ways of dealing with differences: domination, compromise and integration. By domination, only one side gets what it wants; by compromise neither side gets what it wants; by integration we find a way by which both sides may get what they wish."
Mary Parker Follet

i. Resolving Disputes with Present Employers

1. NL 1: “If the EEOC is investigating a discrimination claim, can the employer question the employee at the same time?”
2. NL 2: Don’t be too Rational . . . It’s not Logical.
3. NL 3: Fired Compliance Officer Strikes Back – Is Awarded $51 Million for Doing So
4. NL 4: Heard a Recruiter is Shopping Your Job? Here’s Nine Suggested Steps
5. NL 5: Sworn Affidavit – Powerful Tool to Resolve Workplace Disputes
6. NL 6: The Increasing Use of “Institutional Leverage” In Resolving Workplace Disputes
7. NL 7: Workplace Negotiating Insight No. 10: No Road Signs
8. NL 8: “Bonus Disappointing? – Here’s How to Respond”
9. NL 9: “Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”
10. QA 1: “Can an employer insist that an employee’s Facebook page name an employer-representative as a “friend” so it can be closely monitored?”
11. QA 2: “Can I request severance or a cash settlement to keep quiet about an illegal practice by my employer?”
12. QA 3: “Can my bonus plan be changed due to a supposed mistake, after agreed to in a contract?”
13. QA 4: “Can my present employer ask a prospective employer not to hire me?”
14. QA 5: “Employer has reneged on all agreed terms. What are my rights?”
15. QA 6: “How can I diplomatically ask why I did not receive a workplace Award?”
16. QA 7: “How can I get more time to file a discrimination lawsuit?”
17. QA 8: “If I am not paid commissions due me, is my non-compete still valid?”
18. QA 9: “In what country should I start my lawsuit?”
19. QA 10: “Is threatening to file a sexual harassment complaint equal to extortion?”
20. QA 11: “Offer Letter differs from Employment Contract; which controls?”
21. QA 12: “Toxic smell in the office: what can I do?”
22. QA 13: Angry, Hostile Attorney for Boss – Any Recourse?
23. QA 14: Don’t worry about a bully boss’s “sensitivity.”
24. QA 15: Settlement Offers – Do They Have to Be Kept Confidential?
25. QA 16: “How can I get my employer to honor the salary offer it made when I was hired?”

ii. Resolving Disputes with Former Employers

1. NL 1: “How can I get an extension to file a lawsuit on my own?”
2. NL 2: “What is Joint Employer Liability?” Many Workers Have Two Employers, But Don’t Know It
3. NL 3: Fired Compliance Officer Strikes Back – Is Awarded $51 Million for Doing So
4. NL 4: The Bill O’Reilly Debacle – Its Most Important Negotiating Lesson for Employees
5. NL 5: “Injunctive Relief” Clauses in Contracts – What Do They Mean?
6. NL 6: “Lawyer on Contingency Fee?” – Who “Swallows” the Expenses?
7. NL 7: “Repayment Obligations When Leaving a Job – How to Get Them Waived”
8. QA 1: “Can I fight a non-compete dispute in Court without an attorney?”
9. QA 2: “Can I stop my former employer from using my voice on its answering service?”
10. QA 3: “Can I sue my former employer for ‘interfering’ with my new job?”
11. QA 4: “Claw-back: If no amount is stated, is it enforceable?”
12. QA 5: “How can I get an extension to file a lawsuit on my own?”
13. QA 6: “How can I stop interference with my employment?”
14. QA 7: “How does a court figure out a fair bonus?”
15. QA 8: “Laptop missing before I left my former job. Am I responsible?”
16. QA 9: “My former employer is trying to sabotage my career, almost like a stalker. What can I do?”
17. QA 10: “My former employer took money out of my bank account. Is that legal?”
18. QA 11: “Should I file a lawsuit in my city, or in the employer’s state of incorporation?”
19. QA 12: “What if my former employer ignores my filed discrimination complaints?”
20. QA 13: “When is it too late to get recourse?”
21. QA 14: “After severance, can I sue my employer for workplace stress?”
22. QA 15: “Can my former employer require me to resolve my claims against it by using their own ‘resolution program,’ instead of in court?”
23. QA 16: “Fired for Unknown Misconduct – Any Recourse?”
24. QA 17: “How can I get a copy of a document I signed and gave to my former employer?”
25. QA 18: “How can I stop my ex-employer’s use of my photo and resume on its website?”
26. QA 19: What is “tortious interference with prospective business relations?”
27. QA 20: “Can I Work for a Licensee or Vendor of my Former Employer?”
28. QA 21: “How can I best obtain a confirmation of my prior employment?”
29. QA 22: “How can I collect commissions due me from my former employer and still get a good job reference?”
30. QA 23: “Is Small Claims Court good for collecting monies owed by a former employer?”
31. QA 24: “No Non-compete? No Stolen Secrets? You are Free.”
32. WD 1: Mitigation – Key Words & Phrases