Employee Survival Guide®

Mark Carey | Employment Lawyer & Employee Advocate
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The Employee Survival Guide® is the no-nonsense employment law podcast made exclusively for employees. After 200+ episodes, we deliver the straight talk your employer and HR don’t want you to hear — covering every work and career issue that actually matters. Hosted and produced by Mark Carey, a veteran employment lawyer with 29 years of experience who has litigated hundreds of cases — including class actions — in state and federal courts nationwide. Mark cuts through the BS with blunt, practical advice, always presenting both sides so you can make informed decisions. This podcast is also about your employment story and other courageous employees who have spoken out about their employers. If you work for a living, this is your podcast. Subscribe to our employee podcast show in your favorite podcast app including Apple Podcasts and Spotify. You can also subscribe to our feed via RSS or XML. If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook, X and LinkedIn.  We would really appreciate if you could leave a review of this employee podcast on your favorite podcast player such as Apple Podcasts and  Spotify. Thank you! For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at info@capclaw.com. Also go to our website EmployeeSurvival.com for more helpful information about work and working.  

  1. 20H AGO

    Gender Based Pay Disparity: Maciel v. D&B Supply, LLC

    Comment on the Show by Sending Mark a Text Message. One phone call about a $1/hour wage difference shouldn’t end a career, but sometimes it does, and that’s when retaliation law gets real. We dig into the case of a long-tenured employee at a large Idaho employer who learns a newly hired male coworker is paid more for speaking Spanish, even though she speaks Spanish too. She calls HR, asks for an investigation, and raises the question every worker worries about saying out loud: is this about gender or age? From there, the timeline accelerates: management pushes back, warns her away from wage talk, and within days she’s suspended and then terminated. We unpack why that first complaint can qualify as protected activity under Title VII even without a formal written “policy,” and why the National Labor Relations Act makes “don’t discuss pay” a legally risky instruction. The details matter here, especially when an employer tries to justify discipline with multiple explanations that don’t line up cleanly. We also explain the practical legal road from an EEOC and Idaho Human Rights Commission charge to a federal lawsuit, and why plaintiffs often bring layered claims under Title VII, the Idaho Human Rights Act, and the Equal Pay Act. Then we break down summary judgment through the McDonnell Douglas framework: what the employee must prove, what the employer must offer, and how evidence of pretext can keep a retaliation case headed toward a jury, often prompting serious settlement discussions. If you’ve ever wondered what to document, what to say, and what not to ignore when pay fairness questions collide with HR, this story delivers the clearest example. Subscribe for more real-world workplace law breakdowns, share this with someone navigating a pay dispute, and leave a review with your take: should employers be required to formalize “bilingual pay” instead of treating it as pure discretion? If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    18 min

  2. 20H AGO

    The Syllabus Free Speech Fight: Stuart Reges v. University of Washington

    Comment on the Show by Sending Mark a Text Message. One sentence on a syllabus. A flood of student complaints. An administrator’s order to delete the text. Then IT logs in and edits the professor’s course page anyway, the department spins up a “shadow class” for hundreds of students, and a routine merit raise gets frozen for two years. That’s the real-world chain reaction behind a University of Washington case that forces a hard question: when a professor speaks in a required class document, is that academic freedom or employer-controlled government speech? We walk through Professor Stuart Regis’s dissenting land acknowledgement rooted in John Locke’s labor theory of property, why the Allen School viewed it as corrosive to an inclusive learning environment, and how student reactions became central evidence of “disruption.” From there, we map the legal framework that governs public employee speech, including Garcetti v. Ceballos, the higher-ed academic freedom carveout, and the Pickering balancing test that asks judges to weigh free speech against an institution’s ability to function. We also dig into the policy language fight over UW Executive Order 31 and why words like “unacceptable,” “inappropriate,” and especially “regardless” can trigger overbreadth and vagueness challenges. If you write HR policies, manage public employees, teach at a public university, or just want to understand First Amendment rights at work, this case is a masterclass in how fast the line between protected speech and punishable conduct can move. If this analysis helped you think more clearly about workplace speech, academic freedom, and university policy, subscribe, share the show with a friend, and leave a review so more listeners can find us. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    29 min

  3. 21H AGO

    Remote Work On Trial: EEOC v. FedEx Consent Decree for $280,000

    Comment on the Show by Sending Mark a Text Message. A job can be done perfectly and still become impossible to keep. We dig into an EEOC disability discrimination case where a FedEx dispatcher with decades of experience kept operations running while working from home, only to have that accommodation pulled back after a return-to-office push. When a company relocates a role and the commute becomes the true obstacle, the ADA forces a hard conversation: are we talking about the work, or the building? We break down the facts the EEOC highlighted, including serious health conditions that limited mobility and a multi-year stretch of successful telework that, on paper, looked like proof the essential functions were largely sedentary and doable remotely. Then we turn to FedEx’s legal defense: denials of wrongdoing, claims of operational need for in-office interaction, disputes over what performance systems capture, and the argument that remote work during a crisis doesn’t rewrite the rules forever. Finally, we walk through the consent decree that ended the dispute, including a $280,000 payment and policy-focused terms like ADA training, better tracking of accommodation requests, workplace notices, and a reinstatement pathway. We also leave you with the question at the center of today’s remote work accommodation battles: if the work was already proven from home, what should an employer still be allowed to require? Subscribe for more clear, practical breakdowns of workplace rights, share this with someone navigating return-to-office, and leave a review so more workers can find the show. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    9 min

  4. 21H AGO

    illegal Prescreening Disability Questions: EEOC v. Lori's Gifts $600,000 Consent Decree

    Comment on the Show by Sending Mark a Text Message. A hiring portal can reject you in less than a second, but that speed can hide a serious legal problem. We dig into a newly settled EEOC lawsuit against Laurie's Gifts, a national hospital gift shop chain, and the uncomfortable truth it exposes about applicant tracking systems: when software demands perfect yes or no answers about physical ability, it can quietly screen out disabled, qualified workers before anyone has a chance to talk accommodations. We walk through what happened to Teresa Shepard, a strong candidate who answered “no” to standing for five hours after recent foot surgeries. The ATS instantly kicked her out, twice, with no explanation box and no appeal. Then she bypassed the portal, reached a local hiring manager, and suddenly the “problem” looked solvable in seconds: there was already a stool behind the register, and the manager even used it. That gap between corporate screening logic and real job reality is where disability discrimination risk grows. From there, we break down the ADA rules that matter for every employer using pre-employment screening questions. Title I limits disability-related inquiries before a conditional offer and pushes the interactive process: can the person do the essential functions with or without reasonable accommodation? We also explain how Title V can come into play when a digital wall interferes with the right to request accommodation. Finally, we cover the outcome, including the $600,000 settlement and the compliance changes that follow a federal consent decree. If you build hiring pipelines, work in HR, or keep getting auto-rejected by online applications, this is a must-listen. Subscribe, share this with someone who hires, and leave a review with your take: where should automation stop in hiring? If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    15 min

  5. 3D AGO

    Forced Arbitration NY and NYC Law: Owens v. Pricewaterhousecoopers, LLC

    Comment on the Show by Sending Mark a Text Message. Have you ever faced the chilling reality of being sidelined in your career just as you're about to reap the rewards of your hard work? Join Mark Carey and his guest as they dissect the harrowing case of Owens v. PricewaterhouseCoopers LLC, a powerful narrative that exposes the insidious nature of forced arbitration and systemic discrimination lurking within corporate walls. This episode shines a spotlight on the shocking circumstances surrounding Nina Owens, a high-performing executive who found herself pushed out just before her five-year milestone, a move that would have unlocked significant severance benefits and financial security. As we navigate through the complexities of employment contracts, forced arbitration, and the often murky waters of civil rights protections, the discussion reveals how corporate leverage and strategic timing can devastate an employee's career trajectory and financial future. With Owens' allegations of sabotage, bias, and a hostile work environment, we unearth the severe challenges that women in leadership roles face, often feeling the weight of discrimination based on gender, race, and even pregnancy. But it doesn't stop there. We delve into the implications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, exploring how this landmark legislation ties into Owens' case and underscores the urgent need for employees to understand their rights in the workplace. This episode serves as a crucial guide for anyone navigating the treacherous waters of employment law issues, from workplace discrimination to severance negotiation. With insights on how to advocate for yourself and empower your career, we discuss the vital distinctions between employees and partners, shedding light on the hidden dynamics that can lead to wrongful termination or constructive discharge. We also tackle the realities of remote work challenges and the importance of knowing your rights when facing workplace retaliation or harassment. Join us as we challenge the status quo, offering insider tips for employees and emphasizing the need for a robust understanding of employment law to combat workplace issues effectively. Whether you're dealing with a toxic boss, navigating a hostile work environment, or simply seeking to understand your legal rights, this episode of the Employee Survival Guide® is packed with essential knowledge and empowering strategies for your career survival. Don’t miss this opportunity to learn how to stand up against discrimination and advocate for your rights in the workplace! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    23 min

  6. 3D AGO

    Forced Arbitration Breaker: Toomey v. One Equity Partners

    Comment on the Show by Sending Mark a Text Message. What happens when a toxic workplace culture collides with the legal system? Join us as we unpack the groundbreaking lawsuit filed by Diana Toomey against One Equity Partners (OEP), a Manhattan private equity firm, that challenges the very foundations of forced arbitration in the workplace. This episode of the Employee Survival Guide® dives deep into the alarming allegations of harassment and discrimination that Toomey faced, revealing an archaic mindset on gender roles and a glaring absence of adequate HR support that has left many employees feeling powerless.  Mark Carey and his co-host navigate the intricate legal landscape surrounding Toomey’s case, discussing the implications of the Ending Forced Arbitration Act (EFAA) and its potential to reshape employee rights in the face of corporate resistance. With forced arbitration often silencing victims of workplace discrimination, this episode sheds light on the pressing need for change and employee empowerment within the realms of employment law. Discover how Toomey’s fight against gender discrimination and harassment could set a precedent for future workplace disputes and the importance of understanding your rights as an employee.  From the challenges of proving sexual harassment under current laws to the ramifications of corporate arbitration agreements, we break down the complexities that every employee should be aware of. Whether you’re navigating a hostile work environment, dealing with retaliation, or facing discrimination based on sex, race, or disability, this episode offers crucial insights into your rights and the resources available to you.  As we explore the realities of severance negotiations and employment contracts, we also highlight the importance of advocating for a healthier workplace culture that prioritizes employee well-being and fair treatment. Tune in for insider tips on navigating employment law issues, understanding workplace policies, and empowering yourself in a system that often feels stacked against you. Don’t miss this opportunity to learn how to survive and thrive in your career, because knowledge is power and your voice matters.  Are you ready to take charge of your workplace experience? Listen now and equip yourself with the tools to navigate the complexities of employment disputes, workplace discrimination, and the ever-evolving landscape of employee rights. This is more than just a podcast; it’s your guide to surviving and thriving in today’s challenging work environment.  If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    17 min

  7. APR 16

    Disability Discrimination: EEOC Opioid Bias Suit Against Carlstar Group $300,000 Consent Decree

    Comment on the Show by Sending Mark a Text Message. Have you ever felt trapped between medical needs and corporate policies? You're not alone. In this eye-opening episode of the Employee Survival Guide®, Mark Carey delves deep into the troubling case of the Carl Starr Group, LLC, where two employees, Harold Simmons and Timothy Patti, found themselves facing termination for testing positive for legally prescribed opioids. This shocking story raises critical questions about disability discrimination and the rigid HR practices that can conflict with the Americans with Disabilities Act (ADA). Despite being medically cleared to work, Simmons and Patti were handed an ultimatum by HR: change your medications or lose your jobs. This episode reveals how such a hostile work environment not only undermines employee rights but also highlights the dangers of automated HR systems that perpetuate disability discrimination and fail to accommodate individuals with disabilities. With the intervention of the Equal Employment Opportunity Commission (EEOC) and a subsequent federal lawsuit, the narrative uncovers the alarming reality of workplace discrimination and the need for individualized assessments. The legal battle exposed the Carl Starr Group's failure to uphold employee rights and led to a significant settlement that mandated changes to their HR policies. This episode serves as a powerful reminder that efficiency should never come at the cost of civil rights. Tune in to discover how navigating employment law can empower employees to stand up against discrimination, and why understanding your rights in the workplace is crucial for career survival. Mark shares invaluable insights on severance negotiations, reasonable accommodations, and the importance of advocating for oneself in a challenging work culture. Whether you're facing termination for cause or dealing with workplace bullying, this episode equips you with essential tools and knowledge to navigate the complexities of employment law and workplace dynamics. Don't miss this opportunity to learn how to protect yourself from disability discrimination and advocate for a fair and inclusive work environment. Join us as we explore the intersection of legal rights, corporate policies, and the real-life implications of disability discrimination. It's time to empower yourself and become an advocate for change in your workplace. Tune in to the Employee Survival Guide® and take the first step toward ensuring your rights are respected and upheld! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    22 min

  8. APR 5

    The $8.4 Million Race & Retaliation Verdict: Franchitti v. Cognizant Technology Solutions

    Comment on the Show by Sending Mark a Text Message. What happens when a high-performing executive becomes a whistleblower in a corporate culture riddled with discrimination and retaliation? Join Mark Carey as he uncovers the shocking legal battle of Jean-Claude Franchitti versus Cognizant Technology Solutions, a case that highlights the dark underbelly of corporate America. Franchitti, a leader managing a $20 million portfolio, found himself abruptly terminated after bravely questioning unethical practices that included systemic racial bias and a fraudulent H-1B visa scheme. This episode of the Employee Survival Guide® dives deep into the complexities of employment law, retaliation claims, and the toxic dynamics of a hostile work environment.  As we navigate through the courtroom drama set in New York, you'll hear how Franchitti's courageous whistleblowing led to a staggering jury award of $8. 4 million, a powerful reminder of the consequences of corporate misconduct. The episode meticulously analyzes court documents, revealing the intricacies of discrimination law and the challenges employees face when standing up against retaliation. With a focus on employee rights and advocacy, we discuss the importance of understanding your workplace rights and the legal protections available to you.  Franchitti's story is not just about one man's fight; it's a call to action for all employees to recognize the signs of discrimination—whether it be race, gender, or age—and to stand firm in the face of retaliation. Learn about the strategies you can employ to navigate employment disputes, negotiate severance packages, and protect yourself in a corporate landscape that often prioritizes profit over people.  This episode empowers listeners with vital insights into employment law issues, from severance negotiation techniques to understanding employment contracts. We explore how to deal with workplace bullies, hostile work environments, and the often murky waters of corporate restructuring. Whether you're facing a career crisis or simply want to be better informed about your rights, this episode offers invaluable guidance on surviving and thriving in today's complex work culture.  Don't let fear silence you. Tune in to hear how Franchitti's journey can inspire your own path toward employee empowerment and resilience. Together, we can challenge the status quo and advocate for a fairer, more just workplace for everyone.  If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.   We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com. Disclaimer:  For educational use only, not intended to be legal advice.

    1h 4m
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5
out of 5
33 Ratings

About

The Employee Survival Guide® is the no-nonsense employment law podcast made exclusively for employees. After 200+ episodes, we deliver the straight talk your employer and HR don’t want you to hear — covering every work and career issue that actually matters. Hosted and produced by Mark Carey, a veteran employment lawyer with 29 years of experience who has litigated hundreds of cases — including class actions — in state and federal courts nationwide. Mark cuts through the BS with blunt, practical advice, always presenting both sides so you can make informed decisions. This podcast is also about your employment story and other courageous employees who have spoken out about their employers. If you work for a living, this is your podcast. Subscribe to our employee podcast show in your favorite podcast app including Apple Podcasts and Spotify. You can also subscribe to our feed via RSS or XML. If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook, X and LinkedIn.  We would really appreciate if you could leave a review of this employee podcast on your favorite podcast player such as Apple Podcasts and  Spotify. Thank you! For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at info@capclaw.com. Also go to our website EmployeeSurvival.com for more helpful information about work and working.  

Information

  • Creator
    Mark Carey | Employment Lawyer & Employee Advocate
  • Years Active
    2020 - 2026
  • Episodes
    214
  • Rating
    Explicit
  • Copyright
    © 2026 Employee Survival Guide®
  • Show Website
    Employee Survival Guide®

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