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A Comprehensive Guide to Navigating the EEO Federal Sector Litigation Process

The Spiggle Law Firm Podcast

Release Date: 05/08/2024

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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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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 show art Fired? Afraid You Might Be?: Your Resource for Answers, Options, and Next Steps

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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 show art Avoiding Pitfalls in Federal Sector Litigation: How to Prepare for an EEOC Judge

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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 show art 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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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 show art 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 show art 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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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 show art 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...

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More Episodes

Navigating the EEO process, particularly in the federal sector, can feel daunting. Many employees are ill-prepared for the time-intensive and potentially financially draining aspects of pursuing legal action. This episode addresses those very concerns with clarity, depth, and considerations for your next step.

Michael Ludwig, a Senior Attorney at The Spiggle Law Firm, joins Tom for this episode to help guide you through the three critical stages of the EEO process: the informal stage, the formal complaint stage, and finally, the EEOC hearing and litigation stage.

He provides listeners with cost estimates for each phase, which goes a long way in helping you assess your own situation and prepare accordingly. You will also learn how non-monetary terms, such as accommodations or transfers, often play a significant role in the resolution of these cases, offering another layer of consideration for those entangled in such disputes.

Tom and Michael discuss the multiple 'off-ramps' or points during the process where you can decide to settle or exit the litigation. These are crucial junctures where you can reassess both your financial and emotional capacity to continue with the case. Mike’s emphasis on these options is reassuring for those worried about being locked in a protracted legal battle without a clear exit strategy.

 

Chapters

(00:00) Introduction and Outlining the EEO Process

(06:00) How the Discovery Phase in an EEOC Hearing is Similar to Discovery in a  Litigation Case

(08:53) Resolving Cases Through Mediation and Settlement Possibilities.

(19:12) Timetables for EEO Process.                                                              

(21:55) Why Legal Fees Fluctuate at Different Stages of the Case

 

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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.