Listen Up with Jim Potts

When Employees Lie About FMLA When employees lie about FMLA, Family and Medical Leave Act, what is an employer to do? A very common situation when an employer catches or suspects an employee is abusing the FMLA. It is hard to prove because the law will be more on the side of the employee. Employees doesn’t always win with FMLA A recent case that involved United Airlines who fired an employee for abusing the FMLA. The employee was a 20-day vacation that was approved. He needed two more days during his vacation. Then he told the employer he would using an FMLA day “he had been approved previously for intermittent leave for an anxiety disorder. The employer noticed the odd timing, which was made more suspicious by the fact that Donald’s wife, who also worked at United, also was on vacation.” Want to hear the outcome of this one? Listen Up What happens when employees lie about FMLA especially what happened the United Airline case is a story to be told. So, let’s Listen Up with Jim Potts as discuss when employees lie about FMLA. Join the Conversation! YOUR TURN Have you ever caught an employee abusing FMLA? What happened? How do you feel about the FMAL act of 1993? Whether you’re an employee or an employer we want to hear your comments. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save The post When Employees Lie About FMLA appeared first on Potts & Associates.

LGBT with Trump’s Presidency – What does it all mean now? Donald Trump will soon be America’s 45th President in January. What it means for the LGBT with Trump’s Presidency soon to take the political stage in America? For some it is scary and they don’t want to face the next four years. Then for others, it is just another candidate with agenda that will go nowhere. No matter how you feel, as a gay person, Trump is going to be President. EEOC and the LGBT It has been over a year that the EEOC first announce that will accept LGBT discrimination charges for sexual discrimination under title seven under of Civil Right Acts of 1964. There is no Federal law per say at the moment that protects people who leading the alternative lifestyle. California has a law under sexual orientation that protects gays from discrimination. In fact, 23 states now have laws that protect those of the alternative lifestyle. U.S. EEOC v. Scott Medical Health Center The government first sex discrimination case issues an historic ruling. The EEOC files a lawsuit against Scott Medical Health Center, in Pennsylvania, with charges that gay male employee was subject to sex discrimination in the form of harassment because of his sexual orientation. The gay man was forced to quit his job rather than endure further harassment. In response, Scott Medical Health Center filed a motion to dismiss the case. Here is the decision, “on Nov. 4 by U.S. District Judge Cathy Bissoon, the court denied Scott Medical Health Center’s motion to dismiss EEOC’s case. In its ruling, the court found that sexual orientation discrimination is a type of discrimination “because of sex,” which is barred by Title VII.” Again, what does it mean for the LGBT with Trump’s Presidency? Listen Up Let’s talk more about this because there is more to this ruling and more to be said about the upcoming administration. So, let’s Listen Up with Jim Pott’s as I talk about the What it means for the LGBT with Trump’s Presidency.   Join the Conversation! YOUR TURN Have you been discriminated because you are gay? Have you, as a business, been sued for sexual discrimination against a gay person in the workplace? How does all this make you feel? I know deep stuff but we want to hear your comments. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts     Save Save Save The post What it means for the LGBT with Trump’s Presidency appeared first on Potts & Associates.

The Impact of Marijuana in the Workplace As you know, it is legal now to smoke marijuana in California. For some, maybe a lot, it is happy news but for others, it is crazy thinking. But what is the impact of marijuana in the workplace? What does legalizing marijuana mean for the employer? Where Marijuana stands with the Law Understand one thing, marijuana is still illegal under federal law. Despite the medical use of marijuana laws, also know as cannabis,  in 40 states, cannabis is still illegal under federal law. Marijuana is a controlled substance. According to the American for Safe Access, “Under federal law, cannabis is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, cannabis is classified as a Schedule I drug, which means that the federal government views cannabis as highly addictive and having no medical value.” Advocates of legal marijuana who hoped to soften the federal stance of the drug were highly disappointed.  The Drug Enforcement Administration announced it will keep marijuana illegal for any purpose. Showing up to work high Frist, it is important that you have a drug-free workplace policy enforced if you do then you can enforce those policies. Make sure these policies are in your employee handbook. Employers are allowed to do drug testings and if marijuana is found in the test results employers can take action. I do talk more in detail about this because of the question of prescribing medical marijuana. Listen Up So, let’s Listen Up with Jim Potts and I discuss the impact of marijuana in the workplace now that it is legal in California. Join the Conversation! YOUR TURN Do you have a drug-free workplace? Have you ever had an employee test postive for marijuana? How did you handle the situation? How do you feel about the legalized marijuana? You comments and opinions count! Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts   Save Save The post The Impact of Marijuana in the Workplace appeared first on Potts & Associates.

Trump-nomics and Facebook What do Trump-nomics and Facebook have in common? Well, nothing except that I will be talking about these two controversial issues. With the current elections, I have been getting a lot questions about the state of business now the President-elect Trump will soon take office. Fair Labor Standards Act My email box has been swamped with questions about the Fair Labor Standards Act Salary Test. The cut off date is December 1st. The big question I get is what does this means now that Donald Trump will be taking the Presidental office? Frist, you can go to Trump’s website because he has a whole page on Regulations. You will see and learn that Trump does not like regulations and he is looking to scale a lot of that down. But, again what does it mean for the FLSA salary test? Don’t worry I will answer that question in the podcast. Facebook, help or hindrance? A woman files a lawsuit against her employer for racial discrimination. The defense, during their investigation, goes on her Facebook page to find comments that were used against her. The woman’s Facebook page ended up being prejudicial to her case. If there one thing I always say, especially to employees, is to be careful what you say on these social media platforms. What you say or express on social media can be used again you. Social media is not always a safe place to overly opinionated or to express grievances, especially against your employer. Listen Up Let’s discuss these issues more in-depth, shall we? So, let’s Listen Up with Jim Potts as I talk, discuss and answer questions about Trump-nomics and Facebook. Join the Conversation! YOUR TURN Are you nervous about President-elect Trump taking office? Why? Are you nervous about where business might be headed because of President-elect Trump taking office? We want to hear your comments and opinions. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts   Save Save Save Save The post Trump-nomics and Facebook appeared first on Potts & Associates.

Family Member Disability Discrimination Is there a law for a family member disability discrimination in the workplace? Funny question maybe, but there actually is. In California there was a case, back in April of 2016, where a father had a son who required dialysis. The father was responsible for administering his son’s medication for dialysis. For several years the company, where he worked, had accommodated his schedule so he can be home in time for his son. Then, a new manager come on board. I’ll tell that story on the podcast. Disability Discrimination Law U.S Equal Employment Opportunity Commission, most known as the EEOC says this about family member disability discrimination, “While the federal anti-discrimination laws don’t require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps.” Managers and Disability Discrimination I quote the EEOC regulation on family members who have disabilities because it is important for business owners, managers, and supervisor to understand this guideline. The guidelines of “Disability Discrimination & Reasonable Accommodation” for employers who have family members with disabilities. Listen Up Let’s discuss this more because it is an important topic and it can get a little confusing. So, let’s Listen Up with Jim Potts and talk about family member disability discrimination. Join the Conversation! YOUR TURN Do you have an employee or employees who has a family member that has a disability? Do provide any type of accommodation? Have you ever been sued over disability discrimination? You comments and opinions count here! Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts   Save Save Save Save The post Family Member Disability Discrimination appeared first on Potts & Associates.

New California Laws for Employers in 2017 2016 is coming to a close and the New Year comes with new beginnings, fresh starts, and new California employment laws for 2017. Because my practice is Employment law it is important for me to keep you inform of upcoming new employment laws. Especially here in California where employment laws, for the most part, set the standard for other states. I have a few on list that I would like to focus on. Wage Discrimination – AB 1676 An existing law that is “generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work for work performance that requires equal skill, effort, and responsibility that are performed under similar working conditions.” Now California state leaders have added that, “an employee’s prior salary cannot, by itself, justify any disparity in compensation.” What does this mean for employers? I will discuss this answer on the Podcast. Wage Differential – Fair Pay Act Expanded to Protect Race and Ethnicity – SB 1063 New California employment laws that is for equal pay for the Race and Ethnicity. We currently have equal pay for employees of the the opposite sex. What SB 1063 does is “expands the prohibition of a wage differential based on an employee’s race or ethnicity for substantially similar work.” Sounds fair right? I believe in equal pay no matter who you are if you qualify. Equal pay for race and ethnicity opens up a whole new door for more litigation that will break many bank accounts. Listen Up Wage discrimination and wage differential are just two of the many laws coming into 2017 for employers. I thought it would be good discuss these new California laws and how it will effect employers. So, let’s Listen Up with Jim Potts as I talk about these new California employment laws. Join the Conversation! YOUR TURN Are you feeling the pressure of these new laws? Do you believe is equal pay? What is your take on that? We want to hear your comments! Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save Save The post New California Employment Laws appeared first on Potts & Associates.

8 Common Questions about Holiday Pay We are entering the Holiday season, like I really needed to say that. Every year we get calls about holiday pay from employers. Usually the question goes like this, “Do I have to pay for holidays?” For most companies employees will get paid holidays. On the Federal level scheduled paid holidays are required to be taken off, like Christmas or Martin Luther King Jr. Paid Holidays for the Private-Sector You might be surprised or maybe not that there are no things as Federally-mandated “legal holidays” for private-sector employees, whether paid or not. This might be a relief to you. Straight from the United States Department of Labor states, “The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative).” If you work for a company that gives holiday pay you should be thankful. Not all employers don’t mostly because of they can’t. Granting Holidays with Pay You also may not know that the FLSA also does not require public-sector employers to grant holiday time off to their employees. I do want to make it clear that the laws in each state may vary when it comes to holiday pay. We receive a lot of questions about this when it comes near the holiday season. Questions like, “What happens if holiday falls on an employee’s regularly scheduled day off, or when the business is closed?” “Can we require employees to work on holidays?” A common one is, “If an employee takes a day off as a religious accommodation, does it have to be paid?” Listen Up Well, let’s talk about this and see if I can clear up some of your questions and concerns. Let’s Listen Up with Jim Potts as I discuss the 8 common questions about holiday pay. Join the Conversation! YOUR TURN Do you offer paid holidays? If you don’t do your employees complain? Does your employee handbook have a policy on holiday pay? We want to hear your comments. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save The post 8 Common Questions about Holiday Pay appeared first on Potts & Associates.

Free Speech in Social Media, How Free Is It? Social media is its own world when it comes to speech. Most people feel that social media is a place where speech has not limits. I’m sure most of us have seen, for example, on Facebook posts that makes us cringe. Twitters comments that create feelings of discomfort. Blog posts and remarks that trigger thoughts of “where is the line drawn for free speech in social media?” Is there a line? What about slander? Threats? Negative comments about your boss or fellow employees? Freedom of Speech Here is a Twitter post that some might remember from PR chief of Twitter about going to Africa, “Going to Africa. Hope I don’t get AIDS. Just kidding. I’m white!” I mean it’s just a joke right? ….. not! She was fired. What about this one, “I start my new job today but I absolutely hate working at daycares.” Fired also. Former Marine Sgt. Gary Stein posted a long rant on Facebook about everything upsetting him about our country ending it with “Screw Obama. I will not follow all orders from him.” After a dishonorable discharge, it seems he probably had to if he wanted to keep his job. Social Media is place where speech is free, isn’t it? How Free is Freedom of Speech in Social Media Yes, the The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. But the First Amendment says nothing about private employers. There are some exceptions but getting fired for a social media post is typically not an infringement of First Amendment rights. Post Freely all you want BUT Beware Jon Hyman says it best, “By and large, American people are free to post whatever they want on social media. They’re free to be provocative. They’re free to offend, insult, and disparage others. They’re free to share videos and photos of themselves that may indicate poor character or lack of judgment. But, American people take heed: do not depend on the First Amendment to save you if you get fired because of a social media post.” Listen Up Let’s chat a little about this. So Listen Up with Jim Potts as I talk about free speech in social media because employers do have a say about this. Join the Conversation! YOUR TURN How do you feel about free speech in social media? Do you think or believe one should be able to express themselves no matter what it is on social media? Have you ever fired an employee for what he or she said or did on social media? What happen? We want to hear your stories and comments. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save The post Free Speech in Social Media appeared first on Potts & Associates.

Millennials in the Workplace can make a Difference It is interesting when talking with millennials they would like see employers adjust to them as to their schedules, what time they come to work, etc. I don’t think that approach will work all that well or maybe it can or maybe it should. What is a Millennial Millennials are those who were born between the late 70’s to the early 90’s. More accurately, from 1977 – 1994. Millennials are usually labeled as Generation Y, Generation Me, and Echo Boomers. Sometimes millennials seem to feel they are entitled to what others have without really trying for it. But there are quite a few millennials in the workplace that don’t have that entitlement mentality. Millennials can make a Difference As new generations of employees have arrived and have entered the workforce and management positions, they bring with them a new perspective. “When you look at Millennials, in particular, in the workplace, they have an underlying desire to shape where they work; to make a contribution, to see that the role they play has a direct tie to a benefit in society,” says Jim Link, chief human resources officer with Randstad North America. That benefit could be to the organization that employs them or in the bigger picture.” With Millennials in the workplace one of the parts of embracing their roles means being open to inspiration from higher-ups, which mean the employers, boss, managers, and so on. Millennials do have gifts and talents that can help a business greatly. Listen Up I had an interesting conversation with a millennial at one of my networking groups is why I will be talking about this subject. So, let’s Listen Up with Jim Potts as is discuss millennials in the workplace. Join the Conversation! YOUR TURN Do you have millennials working for you? Do they fit in well? Do help them excel? Are you a millennial and feel looked down upon? Or do fit right in where you work? We want to hear you thoughts. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save The post Millennials in the Workplace appeared first on Potts & Associates.

Pets in the Workplace Pets in the workplace, is it a good idea? From seeing-eye dogs for the blind, occupational therapy animals, and military service dogs to our beloved and trusted domestic companions, pets wear many hats in our lives.  I’m sure we know people that love their pets as if it is their first born child. Studies have shown that pets can and do have a calming effect on our bodies and minds. Pets have helped children with A.D.D. focus better. Dogs, cats, and even birds have helped their owners reduce blood pressure and lower stress. Bringing pets to work some studies say make employees more creative and productive. Pets at Work Having our pets at work seem like a pretty good idea, right? Well, there are no easy answers to this question. Companies like Google, Ben & Jerry’s, Mars, GoDaddy, and many others allow their employees to bring their pets to work. Some people just don’t like leaving their pets home alone. Others can’t live without their pets. One the other hand their is growing debate about the practicality of the whole idea. Safety and Pets People who suffer from pet related allergies is one strong argument. I myself are allergic to certain types of cats. According to the “Asthma and Allergy Foundation of America pegs the figure of Americans with one form of pet allergy or another at 15% to 30% of the total population.” What about safety? A dog will always be a dog and the nicest dog will bite if it feels threaten in any way. Furthermore, not every pet can be held accountable for its action. One more thing, if I can mention, not all pet owners are good owners. Issues like these can cause legal problem for employers. Listen Up I will address an email that I received from a listener whose employer is thinking about allowing pets in the workplace. So, lets Listen Up with Jim Potts as I discuss pets in the workplace. Join the Conversation! YOUR TURN Does employers allow pets in the workplace? Have you ever had any problems with having your pet at work? As, employer, do you have a pet policy? We want to hear you comments and opinions. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save The post Pets in the Workplace appeared first on Potts & Associates.

 Active Shooter comes onto the Workplace Are you prepared for when an active shooter comes onto the workplace? Times are definitely changing. People are finding more reasons to harm and even kill other people. The workplace in no exception for workplace violence and protecting your employees is law, didn’t know if you knew that. Straight from the Occupational Safety and Health Administration (OSHA) website says, “Workers have a right to a safe workplace. The law requires employers to provide their employees with safe and healthful workplaces. The OSHA law also prohibits employers from retaliating against employees for exercising their rights under the law (including the right to raise a health and safety concern or report an injury). For more information see www.whistleblowers.gov or Workers’ rights under the OSH Act.” So it is important for employers to know what is needed to have a a safe workplace environment. Active Shooter Incidents in the United States Here are some statistics from the FBI of active shooters incidents from 2014 – 2015: By The Numbers: 40 incidents in 26 states: 20 incidents in 2014; 20 incidents in 2015. 231 casualties: 92 killed and 139 wounded (excluding the shooters). 4 law enforcement officers killed and 10 wounded in 6 incidents.5 3 unarmed security guards wounded. 6 incidents ended when citizens acted to end the threat. 6 26 incidents ended with law enforcement at the scene. 14 incidents ended with an exchange of gunfire between the 16 shooters and law enforcement. 12 killed by police, one off-duty. 3 committed suicide. 1 surrendered to law enforcement. 42 shooters. 7 39 male 3 female. 2 husband-and-wife teams. 16 shooters committed suicide. 14 shooters were killed by law enforcement. 12 shooters were apprehended. These are pretty alarming numbers and I hope it wakes some of us up to the fact that it can and is happening right here on American soil and more alarming in our workplaces. Listen Up On the podcast, Listen Up with Jim Potts, I address this very serious issue of being prepare when an active shooter comes onto the workplace. Join the Conversation! YOUR TURN Have you ever been involved with active shooter in the workplace? Have you had a family member or close friend be affected by an active shooter in the workplace, school, or any public business? Please share what happen. Do you have a plan for when a active shooter would ever come onto your workplace? Your opinions and comment count here. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts   Save Save Save Save The post Active Shooter comes onto the Workplace appeared first on Potts & Associates.

Being Forced to Retire Being forced to retire by my boss, can he do that? A lot of times forced retirement is about the age of a person and that is illegal. To make this simple about age discrimination here is a good description, “In most professions, forced retirement based on age is illegal. Although many employers used to have a mandatory retirement age, this practice was eventually prohibited by the federal Age Discrimination in Employment Act (ADEA). The ADEA prohibits discrimination against employees who are at least 40 years old in the terms, conditions, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.  It also prohibits retaliation against an employee who opposes discriminatory employment practices, files an age discrimination charge, or files or participates in an age discrimination lawsuit. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).” Age Discrimination in Employment Act (ADEA) There were three different years that the Age Discrimination in Employment Act was written. I am going to give you all three times so you can have a clear understanding of this issue straight from the source. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the Act’s requirements. The Age Discrimination Act is enforced by the Civil Rights Center. The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). Section 188 of the Workforce Investment Act of 1998 (WIA) prohibits discrimination against applicants, employees and participants in WIA Title I-financially assisted programs and activities, and programs that are part of the One-Stop system, on the ground of age. In addition, WIA prohibits discrimination on the grounds of race, color, religion, sex, national origin, disability, political affiliation or belief, and for beneficiaries only, citizenship or participation in a WIA Title I-financially assisted program or activity. Section 188 of WIA is enforced by the Civil Rights Center. Hence I felt this was a good topic to discuss. Listen Up with Jim Potts I got an email about this very issue of someone who being forced to retire. So, let’s Listen Up with Jim Potts as I talk about Being Forced to Retire. Join the Conversation! YOUR TURN Have you ever been forced to retire? What happen? Do you know it is illegal to force someone to retire because of age? We want to hear your comment? Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save Save Save The post Being Forced to Retire appeared first on Potts & Associates.

Getting Your Boss Fired Getting your boss fired is something I know a lot people would like to do. Know this, I understand that some bosses can make things difficult if not misserable for some employees but getting your boss fired is another issue. I received an email from a very disgruntled employee and she lays out the misery she is experiencing with her current boss. She would like to have her bossed fired. Firing Your Boss Now, getting your boss fired is not as easy as going to Human Resources and saying, “my boss sucks and I want him fired!” According to the email the new boss that has been there for 7 months “has ruined a what used to be a fantastic and highly functionally group.” A complaint was filed, an investigation was made and … the question is who determines weather or not a manager should be fired? If is definitely not the employee right? Listen Up I address this email and will give you the result of the investigation on what happened to this boss. So let’s Listen Up with Jim Potts as I discuss the issue of getting your boss fired. Join the Conversation! YOUR TURN Have you, manager or supervisor, ever had a complain written up about you? What happen and what was the result? To you the employee, have you ever gone to HR or the higher supervisor and complain about your boss? What happen? Do you think complaining about your boss is a waste of time? We want to hear your thoughts. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save The post Getting Your Boss Fired appeared first on Potts & Associates.

Active Shooter in the Workplace How to prepared for an active shooter in the workplace is something no employer likes to think about. If you don’t already know Cal/OSHA has Guideline for Workplaces Security. OSHA Guidelines do state that recently “employees, as well as supervisors and managers, have become all too frequent victims of assaults or other violent acts in the workplace which entail a substantial risk of physical or emotional harm. Many of these assaults result in fatal injury, but an even greater number result in nonfatal injury, or in the threat of injury, which can lead to medical treatment, missed work, lost wages and decreased productivity.” Yes, times have changed haven’t they? Safe Work Environment It is now required by law that employers create a safe environment for not only themselves but for their employees. Again OSHA notes, “Workplace violence has become a serious occupational health problem requiring the combined efforts of employers, employees, labor unions, government, academic researchers and security professionals. The problem cannot be solved by government alone.” Being prepared is the key to having a good safe workplace environment. Having a plan in place gives some peace of mind. Doesn’t always mean that something might not go wrong but having a policy in place is better than being taken by surprise. Listen Up with Jim Potts I will ask some pertinent questions to see if you are prepared in the event a active shooter show up on the workplace. So, let’s Listen Up with Jim Potts as I address the active shooter in the workplace. Join the Conversation! YOUR TURN Do you have policy in place for protecting your employees? Does each employee know about the policy? You comments are welcome here, in fact we encourage your concerns and questions. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save The post Active Shooter in the Workplace appeared first on Potts & Associates.

Stuck Paying Attorney Fees An employee files a claim against you then it ends up being false but you get stuck paying attorney fees. Now you’re angry … wait, you’re stressed … now you’re angry again because why should you be stuck paying attorney fees when you’re innocent? Good question. A lot of plaintiff attorneys love these employee vs employer cases because to them it’s an easy win, to say the least. By the way just in case you don’t exactly what a plaintiff attorney is, they are lawyers “who represents individuals who have been harmed physically or financially. They fight for the rights of the “little guy” against the powerful. Plaintiffs’ attorneys typically take on corporations, insurance companies, hospitals, business interests and even governmental organizations,” (HG.org Legal Resources). Most plaintiff attorneys are not concerned about the truth, they figure the truth is somewhere in the middle and figure that some part of the story must be right. Getting Out of Paying Attorney Fees This issue about you being able to recoup attorney fees. If you’re trying to recoup attorney fees for, let’s say wrongful termination, that will be totally subjective and not to sure you’ll be successful. Why? Because the courts are going to look at it from the perception of the individual. Going back to “the truth” for the employer, it is not always about the truth then it is about what you can prove. Documentation  will be your best friend. I am constantly telling employers and managers to document, document, document.  Listen Up There is a lot to be said about this issue. Let’s Listen Up with Jim Potts as I discuss being stuck paying attorney fees. Join the Conversation! YOUR TURN Have you been stuck with paying attorney fees when you feel you shouldn’t? What happened? How did it end? We want to hear your comments and opinions. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save The post Stuck Paying Attorney Fees appeared first on Potts & Associates.

Fired for Dress Code Violations Can an Employer tell you how to dress at work? Well, yes. Can you be fired for dress code violations? Depends. In general, employers are allowed to regulate their employees’ appearance, within reason. As long as they do not end up discriminating against certain employees. It is common, for example, for an employer to require his/her employees to wear a uniform so that all employees appear uniform and professional. More and more employers, in today’s work culture, are requiring more formal attire. Don’t know if  you were aware that in the last decade there was this trend going on for employers to be more laid back, and they allowed such things as “casual Friday.” But in the last three to four years, “some employers are taking a step back towards requiring a more formal way of dressing. Many employers feel that more formal attire means more productive employees.”* Fighting Dress Code Violations What happens when you fight a dress code? Here’s a story. An intern felt that where he was interning that the dress code was overly strict. He notice that a particular employee was wearing flat shoes that were made from a fabric that was contrary to the dress code. He then asked he manager if he could do the same and was told no. The intern soon found out that the other interns felt the same way about the dress code, it was too strict. The intern then created a petition requesting that the dress code be a little more relaxed and got some of the other interns to sign it. Guess what happened? Furthermore there was good reason this “particular employee” got to wear shoes that were not to the dress code. Listen Up with Jim Potts You’ll have to Listen Up to hear the whole story and find out what happens. Let’s Listen Up with Jim Potts as he address ad email about dress code violations. Join the Conversation! YOUR TURN Do you have a dress code policy? Have you ever had to enforce it? What happened? To the employee, do you like dress code policies? Why or Why not? You opinions and thoughts count here! Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts *Article from Workplace Fairness Save Save Save The post Fired for Dress Code Violations appeared first on Potts & Associates.

Immigration and Employment Issues Immigration and Employment issues are matters that every business should concern themselves with. Why should any business concern themselves with immigration law? Well, perhaps in a global economy, in which we now live, it’s important that key recruits are able to cross boarders promptly and with some assurance. Besides, a lot of U.S. companies are competing more and more with foreign companies for the best and brightest around. Issues may occur during employment that you’ll need to address that you may not know what to do. Immigration can be a little confusing and that is why I’m doing this show. Immigration a Hot Topic No matter if you ever hire someone from a foreign country, immigration law and policies are a hot topic these days. You never know if you you’ll ever need or want to hire someone from another country. Maybe you finally found the skill and talent in someone that you’ve been looking for. Then knowing the immigration and employment issues surrounding crossing boarders for a recruit is something you should familiarize yourself with. If you are already familiar with immigration law then it is always good to refresh your knowledge and know what has changed. I would like to share with you 7 important tips about immigration and employment issues. Listen Up Let’s Listen Up as we help you understand more about immigration law with 7 important tips. Join the Conversation! YOUR TURN Do you have foreign people working for you? How was the cross over? Was it pretty easy process? Have you ever had a undocumented person file a claim against you? What happen? Share your comments or concern here! Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts The post Immigration and Employment Issues appeared first on Potts & Associates.

Best of Listen Up with Jim Potts Best of Listen Up with Jim Potts where we pull together some of the best of Jim Potts. Like the debate on what bathroom should transgenders use. Some good commentary on jokes in the workplace. And a soap box speech that I am very passionate about. Transgender Debate On this show you’ll hear about The Transgender Debate. A law that was passed in North Carolina not allowing transgenders to use the bathroom of the sex they identify themselves with. How does this effect the workplace now? Inappropriate Jokes in the Workplace Jokes that get out of hand in the workplace can get messy. Co-workers that play jokes on each other can lead to a law suit … yup, a law suit. What may be an an innocent joke can be interpreted as harmful. I give a little example of what inappropriate joke in the workplace is. Fair Scheduling Act Sacramento law makers are getting out of hand with their tedious laws. I do want to say up front that I also support the employee because I believe that the workplace should be fair and run in manner that is in line with today employment laws. But there comes those times where the law makers up Sacramento just have no idea what they are doing to small businesses. I hope you enjoy the Best of Listen Up with Jim Potts. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts   The post Best of Listen Up with Jim Potts appeared first on Potts & Associates.

No Good Deed You’ve heard the saying, “No good deed will go unpunished” right? Well, sometimes good deeds actually can get you punished in the workplace. Managers and supervisors will have a good heart by helping their employees out when their in need. For example, you give money out of your own pocket, or give sporting events tickets to an employee. Just the other day a manager told me how an employee of theirs was going through a divorce and didn’t have a bed to sleep in so the manager bought him one. Good deeds are good and no good deeds are bad. Now, if you’re going to do a good deed for one employee you’ll have to do it for all employees. It’s comes back to that “being fair” issue. Doing a good deed towards one employee can be look upon as showing favoritism. I know! You’ll always have that one employee who will feel that you are not being fair. City of San Gaberial Why do I bring this up? Here is a perfect story about how no good deed goes unpunished. A company in the city of San Gaberial, California provided health care benefits for it’s employees. Let’s say the company paid $500.00 for the benefits on behalf of the employee. Some employees opted out of the companies health care plan because they have a health care plan with their spouse or significant other. So what the company does because they wanted to be “fair“,  those who didn’t sign up for the company’s health care plan decided to go ahead and give them $500.00 a month! …. in cash … thinking it would balance out those who went with the company’s health care benefits and those who didn’t. Sounds fair right? BUT … here comes the “but” … the good deed took a bad turn. Listen Up Podcast Let’s Listen Up with Jim Potts to find out what happens in the “good deed” of company in San Gaberial. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save Save Save Save Save Save Save Save Save Save Save The post No Good Deed appeared first on Potts & Associates.

Tips for Managing Employees without going Nuts Managing employees without going nuts is difficult or it is challenging? Managing employees is pretty easy when they do what you say and focus on doing their job. It is hard when an employee is stubborn, lazy in some of their work habits, or disrespectful. The challenge in managing employees, in my opinion, is the diversity of people. Each person is different in their personalities, opinions, beliefs, and backgrounds. Sometimes people can just rub us the wrong way which can cause us to be bias. We can be a little judgmental which can definitely affect the way we manage. A bigger challenge is when your employees are your family, can anyone relate? My wife and my three sons work for me … or with me. At times I just want to tell my kids to “go to your room and stay there until you change your attitude! And no dinner!” Because each child is different can be a challenge for any parent when raising him or her to be extraordinary children of our creation! Can I get a witness?! Be a Parent on the Job Managing employees can be a lot like being a parent even when we don’t want to be one. In the workplace are many different kinds of people. Yes, I know you know that but sometimes we forget that they are people. I like this statement from Catherine Clifford of Entrepreneur magazine, “Managing a staff of employees – with their diverse personalities, responsibilities, ambitions and pet peeves – can sometimes feel a bit like nailing Jell-O to the wall.” Ha! Isn’t that the truth! (by the way, the article she wrote on “Managing Employees is an Art: 32 Ways to Do it Right“, is a great read.) Not everyone is going to be perfect. Not everyone is going to agree with us. Not everyone is going to do what we tell them to do. And we can’t tell them to go to their rooms. Managing diverse people is challenging but not impossible. Listen Up Podcast On today’s show I would like to share with you some tips on managing employees. So, let’s Listen Up with Jim Potts as I give you some “Tips for Managing Employees without going Nuts”. Helping you to stay out of court. Want to stay out of court? Of course you do! Then listen right now to “Listen Up” with Jim Potts Call in with your questions or concern to 1-855-4 J POTTS (1-855 457-6887) every 3rd Friday of every month at 10 AM PACIFIC STANDARD TIME. Or email us your question HERE (for Outlook). You can also copy and paste listenup@jameswilliampottsllc.com into your email. Looking forward to speaking with you On-The-Air on “Listen Up” with Jim Potts Save Save Save Save The post Tips for Managing Employees without going Nuts appeared first on Potts & Associates.