When is Your Employer Required to Allow You to Bring a Lawyer to a Meeting at Your Office?
Release Date: 02/14/2024
How Will the Overturn of the Chevron Doctrine Impact Employment Law and Federal Agencies?
The Spiggle Law Firm Podcast
The Chevron Doctrine, a legal precedent for nearly half a century, was recently overturned in a monumental Supreme Court decision. This ruling could radically alter how federal regulations are interpreted and enforced, significantly affecting employment law. The Chevron Doctrine, rooted in the landmark case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), established a two-step process for courts to follow when reviewing a federal agency’s interpretation of a statute that it administers. The doctrine essentially granted agencies the authority to interpret ambiguous...
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Is Pursuing Your Employment Case Worth It?
The Spiggle Law Firm Podcast
When grappling with job loss or a toxic work environment, you likely wonder, "Do I have a case? Should I talk to a lawyer? Fired? Afraid You Might Be?, the latest book from podcast host Tom Spiggle, is your comprehensive guide for navigating employment law issues. In this episode, Tom walks you through how to get the most out of the first section of the book. The book's structure allows flexibility, enabling you to jump directly to the sections most relevant to your situation. While Tom suggests starting with the question, "Do I have a case?”, it’s perfectly fine to begin with other...
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Fired? Afraid You Might Be?: Your Resource for Answers, Options, and Next Steps
The Spiggle Law Firm Podcast
Are you looking for a guide with insight, options, and next steps to help you through a sticky employment situation? Maybe you’ve been fired recently, or you’re afraid you’ll be fired and need help. Tom Spiggle, founder of The Spiggle Law Firm and host of this podcast, has written the book to help you determine your next steps and weigh your options. Tom’s motivations for writing his book “Fired? Afraid You Might Be?” stem from a need he saw firsthand—many employees are unsure if their workplace issues require legal intervention. Unlike criminal defense or family law, employment...
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Avoiding Pitfalls in Federal Sector Litigation: How to Prepare for an EEOC Judge
The Spiggle Law Firm Podcast
Getting to the point where an EEOC judge is assigned to your case is a significant milestone in federal sector litigation. What happens next? Louise Ryder, a senior attorney with The Spiggle Law Firm, is here to continue our series on navigating federal sector litigation. The EEOC process is complex and laden with procedural requirements that require strategic thinking. From the initial conference to the extensive discovery phase, understanding each step's intricacies, costs, and potential benefits—such as early settlement opportunities—can significantly impact a case's outcome. Being...
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The Fork in the Road: Choosing Between a Final Agency Decision or an EEOC Hearing
The Spiggle Law Firm Podcast
This episode continues our series on federal sector litigation. Today's focus is understanding the fork in the road after the investigative phase. Learn more about your options at this stage of the process. After receiving the report of investigation (ROI), you have two options: request a Final Agency Decision (FAD) or opt for a hearing before the Equal Employment Opportunity Commission (EEOC). Should you trust the agency to deliver justice or take your chances with the EEOC? Senior Attorney Louise Ryder walks us through this critical juncture in federal sector litigation. Gather the insights...
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A Guide to Protections and Accommodations Under the Pregnant Workers Fairness Act
The Spiggle Law Firm Podcast
How did a recent WNBA game inspire an episode about the Pregnant Workers Fairness Act? Zachary Aman, an attorney with The Spiggle Law Firm, was watching a WNBA game when an injury report graphic splashed across the screen. He saw the usual ailments—Achilles tendons, knee injuries—but then something caught his eye. Nestled amidst the injuries are two startling words: "Baby" and "Baby." In this episode, Zach uses this sports graphic to introduce the profound implications of the Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act (PFWA) became effective in June 2023. Before this...
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Workplace Harassment: Updated Guidance from the EEOC
The Spiggle Law Firm Podcast
Workplace harassment is an issue that affects countless individuals daily, imparting a significant emotional and psychological toll. While many may recognize the discomfort and unease caused by certain behaviors, discerning whether such actions are illegal can be challenging. Samantha Vanterpool Rucker, an attorney with The Spiggle Law Firm, joins Tom to discuss the newly issued guidelines from the Equal Employment Opportunity Commission (EEOC) that offer clarity on harassment matters. The episode kicks off by addressing the common misconception that all forms of bullying and harassment in the...
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Understanding Your ROI: A Guide to the EEO Report of Investigation
The Spiggle Law Firm Podcast
You’re a federal sector employee who has filed your complaint with the EEO. You receive your Report of Investigation (ROI). Now what? What exactly is an ROI, and what should you do next? Louise Ryder, an expert in federal sector employment law with The Spiggle Law Firm, joins us to explain the role of the ROI and provide strategic insight for those navigating federal employment disputes. Understanding and effectively analyzing the Report of Investigation (ROI) can dramatically affect the trajectory of your federal sector employment litigation. Everything hinges on the details and evidence...
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Short-Term and Long-Term Disability: What You Need to Know
The Spiggle Law Firm Podcast
Attorney Jessica Greer, from The Spiggle Law firm, joins Tom to guide us through the tangled web of short and long-term disability benefits. These benefits are often provided by employers as part of their benefits packages, but navigating them can be quite challenging. Tom and Jessica explore the differences between short and long-term disability, the legal protections involved, and the potential pitfalls employees may encounter. They provide a detailed overview to help clear up the confusion surrounding these benefits. Jessica highlights the overlap between short and long-term disability...
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Understanding The Critical Steps in the Formal EEO Complaint Stage
The Spiggle Law Firm Podcast
Louise Ryder returns to the podcast to walk us through the critical steps in the formal EEO complaint process. Louise shares her insight for crafting a compelling formal complaint, the strategic significance of naming witnesses, and what you can expect from the investigator's report. We’ll also cover how to handle objections, the advantages of a written response, and your options if the final agency decision is not in your favor. The journey from the informal EEO complaint stage to the formal process necessitates filing a formal complaint within 15 days of receiving the notice of the right...
info_outlineCan you bring a lawyer to your meeting with HR? When must your employer allow you to bring a lawyer to a meeting? This episode is perfect for anyone navigating the litigation process in an employment law case and seeking insights into protecting their rights.
These meetings with HR can often feel like a legal interrogation, with the employee in a vulnerable position. In this episode, Tom shares his proactive approach to preparing for these meetings so you feel ready, empowered, and confident as you go into meeting with HR.
Chapters and Key Insights
(00:00) The Right to Legal Representation in HR Meetings
In a typical scenario, an employee who has reported workplace harassment or other wrongdoing may be called into a meeting with HR. People often ask if they can bring a lawyer to such meetings for protection and guidance.
(01:21) Exceptions to the Rule
Though employees are not typically entitled to have a lawyer present in HR meetings, there are exceptions to this rule. Tom explains the circumstances for these exceptions.
(04:10) Preparing for the HR Meeting
HR meetings can be delicate, and employees must be cautious about what they disclose. While HR meetings may be conducted for legitimate investigative purposes, there are instances where HR may try to use the meeting to elicit information that could be used against the employee in the future. Employees should be careful and seek legal guidance in navigating such meetings.
(08:48) Criminal Liability and the Right to Counsel
In rare cases with potential criminal liability, such as when law enforcement is involved, employees have the right to retain legal counsel before engaging in discussions. Employees should be aware of their rights in these scenarios and refrain from speaking until they consult an attorney.
Navigating HR meetings can be complex, and understanding your rights regarding legal representation in these meetings is essential. While employees may not always have the right to bring an attorney to HR meetings, there are circumstances where legal representation is imperative.
Employees can protect themselves and their interests in HR settings by being aware of their rights and seeking legal advice when necessary.
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Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.