Don’t under estimate the power of documentation
How many times have you found yourself being upset because something happened to you and you didn’t remember EVERY little detail as accurately as you did when the incident occurred? Raise your hand!!!
The fact of the matter is that the majority of us don’t really anticipate the need to document a particular scenario (whether it be job related or regular course of business dealings) until something funky happens. It may sound weird but most of us have a full expectation that we will be able to go through the course of our normal ‘day to day’ life without having to remember ‘details’ of an incident or situation.
However, here are a few things to keep in the back of your mind:
1) Your memory may go over time but the ink doesn’t go as fast
If something happens to you, it’s important to write every little detail down while it’s fresh in your mind. Don’t underestimate the power of details. When something happens to you, you remember EVERY little nuance and every little detail with crystal clear accuracy. However, as each day passes, those little nuances and details will start to become fuzzy. Even worse, you may start to doubt the clarity of the detail itself.
2) Never forget WHO, WHAT, WHEN, WHERE
So many times when we are actually writing something, we leave out particular things. WHO. Not only WHO was involved but WHO was around to see it happen. What was the person’s names, positions, and relationship to the situation. WHAT. What were the facts of the case? What were the circumstances leading up to it? What happened after the incident? WHEN! Did it happen in the morning, noon or night? Did it occur during a busy shift or a slow shift? WHERE! Did this happen in the break room or on the production line floor? Was it done in private or did the incident happen in front of a crowd.
3) Make a copy
Come on now. How many of you have dropped that note pad in a puddle of water and then spent the next 5 minutes cussing out the ground? You know what I’m talking about and you know I’m serious. If you have information that is important, make a copy for yourself. The last thing you need is to lose some crucial information that will keep your mind refreshed.
4) Keep it for a while
You never know when you may need it. In the end, if something comes up a year later, are you really going to remember all of the details?
It’s important that we all take the time to properly document a situation that may potentially become an issue for the future. Keep a pad in the car. You never know when you may need to write something down.
Wait or NOT to wait: That is the question
A lot of times, I get asked this question as it relates to Social Security (or any other area of law), “When should I get an attorney?”.
One attorney I know gave me an awesome response, he said “The sooner you involve me, the sooner I can do what I can to help you”. Ultimately, what he was saying that if problems arise that require him to have to ‘fix’ a problem, it may become more of a headache. That made a lot of sense.
My response tends to be a little different. My response pretty much rolls this:
“Do you NEED an attorney? You don’t really NEED anyone. If your car breaks down, do you NEED a mechanic. No. If you are sick, do you NEED to go to a doctor? Not necessarily. If your teeth hurt, do you NEED to go to a dentist? Maybe not. HOWEVER, the joy of going to certain professionals is that they have two unique things to their advantage. One, they do this every day! They deal with the day in and day out headaches of having to deal with a particular situation. If you work in corporate america, do you really want to spend all of your time hassling with legal issues or mechanical issues? That’s what these people do every day. Two, they can identify problem areas faster than you in most instances. You can go and get some herbal tea for your cough and it might work. However, if that cough lasts for 2 to 3 weeks, you may not have the ability, expertise, or equipment to determine if your cough is something more severe. A professional can do that for you. So, do you NEED an attorney? Not necessarily. Most legal processes are designed to permit you to navigate the waters yourself. However, if you want piece of mind and the ability to allow someone else to handle it for you, an attorney may be advisable. In the end, when you’re ready for an attorney, just let them know.”
This answer may sound winded but the reality is that a lot of people really have had NO experience with dealing with an attorney and the experience can be overwhelming. They don’t know when they should hire an attorney or IF they should. In end, when you’re thinking about hiring an attorney, talk to one, schedule a consult and then go from there. At least, you will have spoken to one to give you some guidance for the future.
Protect yourself while helping a friend in an employment action
One of the hardest things to do for a person is speak on behalf of a former employee in an employment action while you still work for the employer. This situation is NOT sexy. Alot of times, people are very leary about getting involved in internal disputes between former employees and their employer. Think of it like this, imagine your friend (a fellow co-worker) and your supervisor were constantly at each other’s throat. You witnessed all of these actions on a daily basis. Your friend ends up quitting because of this situation. The next thing you know, your friend is filing a law suit against the employer. Of course, who is the the star witness, YOU!!! Now, what do you do? This situation can be frightening because on the one hand you want to do the right thing but on the other hand, you still have to work in that employment setting.
So what should you do if you find yourself IN THE MIDDLE of an employment mess? Well, here are a couple of things to keep in mind:
1) Talk to your union steward
If you’re in a unionized work place, your union steward (or union representative) can provide you a lot of guidance regarding these situations.
2) Talk to Human Resources
Give your Human Resources some advance notice that you have been called in as a witness in a proceeding and state your concerns about potential ramifications. It’s always smart to put people on notice.
3) Keep a notebook
You are NOT doing anything wrong. However, if you’re worried that you may have a boss or supervisor who may take retaliatory actions against you, start keeping a journal. Keep names, dates, and details so that you can connect the dots of any change in behavior as a result of your involvement.
4) Talk to an attorney
Nothing wrong with checking with an attorney to keep them apprised of your rights and, if necessary, the need for legal counsel.
5) Tell the truth
The tough thing about proceedings like these is when you are FORCED to talk. You may decide that you “don’t want to get involved” because you are afraid of future actions. In these instances, you may receive a subpoena and be compelled to swear an oath to tell the truth. Whether it’s voluntary or involuntary, when the time comes for you to open your mouth, you want to be as truthful as possible. Stick by what you know and not what you think!
Participating in a employment proceeding between your friend / former co-worker and your employer / supervisor is almost like standing in the middle of a gun fight. NO matter which you way you fall, there’s the possibility of getting shot. However, if you take the time to think through the situation, you can provide good information and still help the situation without hurting yourself. Don’t get me wrong. In a mud slinging match, EVERYONE gets dirty but, there are things you can do to minimize the mess.
Getting unemployment is sometimes not that simple
So you’re no longer working at your job?? Alright, no big deal. Now, you go and apply for unemployment compensation benefits. The next thing you know, you get a denial. What the hell? How can that be? You’re no longer working!!
Well, let’s ask a few questions to see if we can find the answer.
First, I gotta give my disclaimer. Every state is a little different so you definitely want to talk to an attorney in your state to determine what the requirements are for applying for unemployment compensation.
Second, let’s ask a few questions and see if we can figure a few things out:
1) Were you fired or did you quit?
In most situations, unemployment benefits are available for individuals who have been fired from their jobs. If you voluntarily terminated your employment, you may not be able to obtain unemployment benefits. HOWEVER, it doesn’t stop there so let’s look a little further.
2) Are you SURE you were fired?
Have you ever found yourself in the weird position of wondering if you are STILL employed? Sometimes, it can get goofy if there is a miscommunication. In Florida, there is a burden shifting approach. In other words, you have to show that you were unemployed. The burden then shifts to employer to prove that you either quit voluntarily or fired (for whatever reason). If the employer says you quit but, based on the circumstances, you reasonably thought you were fired, your employer may have to pay you benefits if the employer can’t prove that you quit.
3) If you’re fired, was it due to misconduct?
In some states, you may not be able to apply if you did some type of misconduct that justifiably permits the employer to terminate your employment. Assume that you were caught conducting illegal activities on the property of your employer. Under the circumstances, your termination may be necessary so you may not be able to obtain Unemployment Benefits.
4) If you quit, did you have a good reason?
Enough is enough. Assume you had a boss who verbally abused you or harassed you for months. You put up with it as long as you could. Finally, after months of abuse, you quit. Now, you go to apply for benefits but you were denied due to you quitting. in some states, you may be able to appeal based on ‘good cause’. This ‘good cause’ has to be a reason that would justify you leaving. This burden is high so don’t think that you leaving because your boss stares at you or you had a bad feeling is going to cut it. You are going to have to show that a reasonable person would have no choice but to leave in light of the circumstances.
Having to leave your job is a unique beast in itself. It can be more traumatic if you find that you have to apply for Unemployment and can’t get it. Pay attention to your circumstances so you can be ready to deal with your change in circumstances.
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Anthony Reeves is an attorney and founder of the Reeves Law Firm, www.reevesfirm.com, representing clients in Labor / Employment, Social Security, Industrial Accidents, Workers Compensation, Personal Injury and Family Law. Anthony Reeves is, also, founder of the A.nthony R.eeves E.xperience, www.anthonyreeves.com, a media / outreach consulting company that produces the online radio shows, “IN THE KNOW with Tony Reeves, Esq.” and “LegalBEAT in the MORNING” (www.blogtalkradio.com/intheknow).
