The anti-discrimination and anti-retaliation laws enacted by the federal, state governments and municipalities are for the most part limited in scope, outdated and ineffective. An overwhelming number of employers, if not most employers, have devised schemes often labeled as policies and procedures essentially to protect them from legal liability by working around employment laws and regulations. Employers often retain attorneys and law firms, even private investigators, to use legal means to exploit their employees' weaknesses. The employer attorneys and private investigators take apart and examine every aspect of a grieving employee's life to find discrediting evidence to intimidate employees who seek to remedy illegal or unfair treatment by their employers. The law, the courts, unscrupulous attorneys, special interest groups and politicians have created a system that would allow powerful employers to mistreat their employees and get away with it. Only a small fraction of abusive employers see inside of a courtroom or pay for hurting their employees. Most employees who file complaints against their employers internally or externally do get pushed out or fired soon after. Employees don't stand a chance against their employers. The system is rigged in favor of the rich and powerful.
INUTILE GOVERNMENT EMPLOYMENT ENFORCEMENT AGENCIES
There are many government agencies supposed to receive, investigate, and remedy illegal discrimination and retaliation claims by employees. The vast majority of employees with valid issues who complain to government agencies never receive a meaningful consideration or a fair disposition of their claims because of the overwhelming number of claims these agencies receive. Investigators at those agencies are often overworked and are not attorneys. They simply don't have the capacity to properly address thousands of complex claims employees take to them. The investigators from EEOC often don't even meet or interview complaining employees and if they do it is a short 20-30 minutes meeting. The vast majority of employee complaints are not recommended for litigation by these agencies. No surprise there since they do not investigate employers thoroughly and competently. These government agencies are playing a symbolic role rather than having a substantive impact.
THE FALLACY OF PRIVATE PRACTICE EMPLOYMENT LAW ATTORNEYS
There are employment law attorneys who take cases and represent employees against their employers. Almost all of these attorneys taken on cases that are easy to prove discrimination or retaliation, and only if there is a potential for a large monetary award in court or through settlement. So, an employee would have insurmountable difficulty retaining an attorney if the issue would require an exhaustive and time-consuming investigation and does not appear to result in a significant financial win for the attorney. Almost all employment law attorneys who represent employees do so on a contingent fee arrangement where the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client. Finding and retaining a qualified employment law attorney to represent an employee can be time-consuming, frustrating, and unproductive, while the employee has to deal with the adverse and devastating actions of her employer.
LIMITED SCOPE OF THE LAW. All employment-related laws, if not most, that define employees rights have a specific definition. For example, there is no remedy in law for an affected employee if the employer's action does not arise from a legally prohibited ground such as race, religion, national origin, gender, disability. Often times there is no remedy in law for bullying and the affected employee could be discharged by an employer if the employee opposes the mistreatment. As a result, the unfair treatment of an employee by an employer can go on as long as it does not violate the law. Employees trapped in this predicament often continue to undergo unfair treatment or face unemployment.
Have you ever spoken to someone who believed that their misfortune or lack of accomplishment was a result of the “system” being rigged against them? Or do you believe that that system is rigged against you? You may actually be right, at least to some extent, but once you understand how a system works, you can find ways nudge it in your favor.
So how is the system truly rigged against you, and how can you take advantage of it?
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Benefits of gathering supporters and growing your network:
Don't stand alone. There is power in numbers. A powerful employer may not be afraid of you, but if messing with you means they are going to hear from a lot more people supporting you, then they might not consider you a fair game to take advantage of.
Unus pro omnibus, omnes pro uno. (One for all, all for one) Employers are afraid of lawsuits not just because of the cost, but also because of the negative publicity. It is bad for business to get sued even if the suit is frivolous. When you are part of a large group what happens to you is not going to be brushed under the rug. One for all, all for one.
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