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It's Raining LEGAL FREEBIES....!!!

By Lafe Tolliver, Esq
Guest Column

     Well my dear readers, I have heard your calls and have put together some Legal Freebies in regards to applying for a job, your job rights and discriminatory acts that you may face on your job.

     So, read on and be wise! And remember, when in doubt...journal everything!

(1)  When applying for a job and you get an interview, always send a thank you follow up letter to the company or the person who did the interviewing. It is just good etiquette and makes you look professional.
 


Lafe Tolliver, Esq

(2)  When applying for a job, take the time to Google the company to find out what they do and how they do it and to learn something of their history. Never go to a job interview ignorant of the company and how you can add to their bottom line with your skills set. If you can't do that, do not apply for the job!

(3)  Know the dress culture of your potential employer. You do not go to a plumbing interview wearing an Armani suit and you do not go to a managerial job wear jeans and a see through blouse and perfume that you can smell a mile away. Gag! Gag!  Get with it and if you are clueless, ask someone who dresses to go to work and ask them to check you out before you make a clown of yourself by dressing inappropriately for the job.

(4)  I know it is a small issue but when you interview for a job, always make pleasant eye contact with the interviewer and always provide a firm handshake before and after the interview and whatever you do, do not chew gum during the interview or have your cell phone go off during the interview. Loser!

(5)  If you are hired, arrive a few minutes ahead of time to get your orientation and to be at your work station or desk or machine before the job begins.

(6) In Ohio, you can be discharged for any reason, good bad or indifferent except if you can prove age, race, sex, gender, religious, harassment or disability discrimination.

You are especially vulnerable to being discharged during a probationary period, so make sure that during your probationary period, you are an exemplary employee, regardless of what the other employees may say or do. Watch out for Number One!

(7)  If you are subject to performance evaluations and disagree with the evaluation, politely ask to speak to someone in Human Relations and politely voice your concerns about what was said about your performance. Don't start cussing and shouting, "Black Lives Matter!" The operative word here is – calmness – along with a concerned inquiry because you want to improve your ratings.

(8)  If you believe that you are being targeted for a wrongful termination and are being unfairly singled out for hostile treatment, document, document and document some more as to: date, time, incident, who was present and what was said.

Don't go ballistic and overreact. Get smart...not mad.

(9)  To prove discrimination, you must compare apples with apples which means you must show by factual evidence that John Doe was not treated the way you were treated and you are both similarly situated as to job title or job duties and that the only difference in treatment appears to be your age, race, sex, gender, nationality, etc...etc.

(10) Whatever you do, do not see "race" under every statement and act by a white actor but wait and evaluate and make sure that you can prove what your eyes

see and ears hear.

(11) If you are a member of a union, you may be required by the collective bargaining agreement (CBE) to exhaust your internal remedies before you can seek outside legal counsel. If in doubt, call me for an opinion. In my 39 years of legal work and doing discrimination cases, it has been my sad experience that most unions are good for no more than collecting your dues and when you need them to slug it out with management, they become marshmallows and run for cover or give you woefully inadequate representation at your grievance hearings.

(12)  If you see wrongdoing happening or your employer is "cheating" on a contract

or is defrauding the government, you can become what is known as a "whistleblower" and file charges against them and if the offended party prevails, you can get a sizeable monetary reward for your efforts.

13)  Assume for all practicable purposes that while you are on your job, there is a camera somewhere that is recording and that can be used against you if needed by management. So, watch your conduct and your speech because you might just see yourself on a tape when you are complaining about negative conduct and you are the one doing the negative conduct!

(14)  If things go "south" at your job and you are asked to sign a "Last Chance Agreement" do NOT sign unless and until you have had a seasoned attorney review it first to make sure that you are not being "played" and that the contents are factually correct. Never sign such a document under pressure. Once you sign it, it is too late to revoke it.

(15) If you are short on funds but need legal assistance, consider contacting the Ohio Civil Rights Commission located in the One Government Center Building in downtown Toledo. They can do an interview with you and make an investigation and if there is probable cause to believe that you have been wronged, they can attempt a mediation and, if that fails, they can bring in the Ohio Attorney General to assist you.

Of course, you can at any time hired a private attorney to sue for job harassment or discrimination.

(16)  If you are facing regular acts of job hostility or discrimination, when you get home or to a safe spot (break room or restroom) write down the events that just transpired so you can have a paper trail of what happened over a period of time.

(17)  Sometimes, when you want to get some quick relief and you do not mind staying on the job and weathering out the hostility, consider having a letter sent by your attorney to Human Relations, your supervisor or manager and the company headquarters about what is transpiring on the job. 

Those letters can be magical because management does not want adverse publicity and wants to keep everything in house and it puts your managers on notice that if they continue to mess with you, you are not afraid and will report them. Don't let a bully succeed!

(18)  Lastly....keep calm and carry on knowing that right beats might!

Contact Lafe Tolliver at tolliver@juno.com

 
   
   


Copyright © 2015 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:43 -0700.


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