Jobless Discrimination It Is Not Illegal, But It Is a Major Problem - Workology

Jobless Discrimination It Is Not Illegal, But It Is a Major Problem - Workology Jobless Discrimination: Not Illegal, Still a Big Problem A recent Article from Huffington Post discusses an investigation by EEOC into whether employers are discriminating against the unemployed. This is analogous to inquiring, Did you hear about the Titanic? We have Blogged on this issue in the past, noting that our discussions with top recruiting agencies has made clear that many employers are giving specific instructions to not send any candidates who are unemployed. Jobless Discrimination: Not Illegal, Still a Big Problem This may be discrimination, but it is legal discrimination (no matter how unfair). The attached Article from an Unemployed Watchdog group identifies the problem, but offers little solution, because a good solution via amendment to federal labor laws does not and will never exist. Employers engage in legal employment discrimination each and every day. In fact, we all discriminate everyday. That is because discriminate means, in essence, to make a choice. By and large, in almost every state in the United States, it is legal for employers to make choices between employees within the workplace they can choose to promote someone they simply like more than someone else, they can choose to disproportionately increase the workload of someone because they disagree with their views on politics (in the private sector, that is!), they can promote a sister over a stranger to the family, they can demote someone who has less education in favor of someone who has been with the company a shorter time but has more education, etc. In other words, supervisors and managers can (and do) make choices about employees based upon their own preferences, even if others (including the employee, or the President or the Pope, for that matter), believe they have made a bad decision, a wrong decision, a biased decision. Just like we all make choices others may criticize. These types of seemingly unfair, but totally legal employer choices are protected in almost every state by the employment at will doctrine. That will never change. And, it is these practices that constitute many employees biggest hurdle: how do I effectively deal with such discrimination at my job? Employees faced with such circumstances will often lodge a hostile work environment claim with HR, and hope that management rectifies the situation. And management usually does; sometimes, by engaging in effective conflict resolution. More often, though, the response is to punch the complaining employees ticket out of town, first papering the file with Performance Improvement Plans, poor performance evaluations, write ups for innocuous violations, etc. Employees who are victimized by such a response will often call me and seek to sue for retaliation. My response is to say: It is only illegal to retaliate against employees who have complained about unlawful discrimination. You complained about lawful discrimination, and they can therefore fire you, no matter how crappy such an approach may seem to be to you, me or Mother Theresa. What does any of this have to do with discrimination against unemployed workers? Well, two things: 1) discrimination in the work place is by and large lawful unless it is based upon discrimination because of someones age, sex, race, national origin, religion or disability, or if dsomeone has sought to enforce their rights under statutes such as the Family and Medical Leave Act, the Fair Labor Standards Act or state workers compensation laws. therefore, discrimination based upon jobless status is not illegal; 2) roughly half of Americas unemployed workforce actually quit their jobs; we surmise, based upon experience, that a significant percentage of those quits were a response to the types of lawful discrimination discussed above, thereby potentially sealing their fate in the near term job market. Many others were fired for willful misconduct. On the first point, it is important to understand why the rules against illegal discrimination exist. In a nutshell, the laws by and large are designed to protect employees who have been discriminated against because of things beyond their control. The way they were born, when they were born, where their ancestors came from, a disability they cannot fix. This is employment law in a nutshell. Illegal retaliation? It is designed to protect only those who complain about unlawful discrimination from adverse employer responses. In other words, you only have a retaliation claim if the retaliation came about after you specifically complained about discrimination based upon race, age, disability, etc., or after you asserted your rights under statutes such as FMLA, FLSA, etc. However, many of the unemployed are out of work for reasons within their control, which include: 1) quitting their jobs because they were the subject of legal discrimination (no matter distasteful, unfair or immoral); 2) engaging in willful misconduct at work. So, for those people, the law says, they are not out of work for reasons beyond their control. They were not fired because of the way they were born, or when they were born, or who their ancestors are, or because they are blind. Therefore, the law says, since their situation (unemployment) was of their own doing (quitting or doing some bad justifying termination), it cannot be illegal to discriminate against them. Therefore, in my view, despite the potential unfairness of the situation, there will never be a statute protecting the jobless from unlawful discrimination via hiring practices that per se exclude them for employment. I can hear now the cries of my clients: but I cannot control that my boss is a jerk, or that he likes his sister more than me Yes, that is true, but the law presumes that you can control whether you quit your job, or get fired for willful misconduct. Others will lament: But I was laid off due to a reduction in force, and was not my fault. To which, sadly, our response is to say: The law is imperfect, and bright line rules always leave some innocents out in the cold. Americas Workforce: Employee side employment lawyers are on your side. It is for that reason that Blogs such as this one exist. The goal here is to help employees understand what treatment they are protected against, and what treatment they just have to put up with, or else face jobless status discrimination. To make matters even worse, you probably will not get unemployment benefits if you quit your job or if you engaged in willful misconduct, at least not in Pennsylvania. Our advice? If you are already out of work, find a job somewhere, anywhere, and get back on the horse. Then look for a more suitable job. Accept that your pay will be less, but by all means try and find a way to get off of unemployment and back into the workforce. If you are still employed, understand what is lawful versus unlawful discrimination. Learn to deal with lawful discrimination in the same way we learn to deal with others disapproval of our life choices, such as those of our family relating to things such as choice of mates, finances and how to spend our spare time. Do not quit your job, except in the most dire circumstances, and usually only if you believe you have been subject to unlawful discrimination of retaliation. If you believe that you are facing illegal discrimination or retaliation, consult an attorney to figure out your options and best strategies. ABOUT THE AUTHOR To view this article with all Links, go to http://employmentlaw101.blogspot.com Best of luck, and thanks for reading. John A. Gallagher, Philadelphia Discrimination and Retaliation Attorney Paoli, PA 610-647-5027

How to make this year (and every year after) your best year

Instructions to make this year (and consistently after) your greatest year The most effective method to make this year (and consistently after) your greatest year Precisely 5 years back, I made some unpleasant memories during this season. My profession and life felt stuck. I had no clue about some solution for it.From the outside, it seemed as though I was progressing admirably. I had my own business, a respectable condo, and a decent vehicle. In any case, I didn't have any point of view. I despite everything lived in my old neighborhood and honestly, I was exhausted with my life.Does that sound natural? You have an alright life, but then, it doesn't feel right. It's a definitive test of the 21st century. Our lives are more secure than any time in recent memory, but then, we feel empty.By the finish of 2013, my dissatisfaction was developing. I began accusing everything and everybody for my absence of growth.Looking back, I should concede that I was sensational about my circumstance. In any case, each individual who's at any point felt powerless, it's the feeling that checks. When you feel like you can't take care of your life, you won't.And t hat is what befallen me as well. I felt down - especially during Christmas. I was likewise single, so that didn't help.On New Year's Eve, I went to my folks. Also, I was being an absolute gathering pooper. I didn't want to do anything. What's more, when my family attempted to support me, I hollered at them to disregard me. I went to an alternate room, plunked down, and began feeling frustrated about myself.My self-talk was something like this: Look at everyone having a ton of fun. Furthermore, I'm staying here like a washout. I detest my life.Shortly after that second, I woke up. I understood that I was being a crybaby. On the off chance that you don't care for your life situation, you change it. You don't whine. You don't talk. You take matters in your own hand.Set an objective. Work on it with all you've gotI can consider just a single method of assuming responsibility for your fate: You set an objective and choose to chip away at it each and every day. You won't grumble any long er. Furthermore, you won't stop until you accomplish your objective. At that point, you set another objective and rehash the process.There's nothing more to it. I've been doing this consistently since 2013 - with slowly more achievement. In 2014, I moved to London and worked for a significant IT research firm. In 2015, I distributed my first book. In 2016, I arrived at right around 2,000,000 perusers. In 2017, I distributed my second book -which has sold more than 15K duplicates. Before the finish of 2018, my articles are coming to over a large portion of a million people each month. And I welcome each and every reader.Every year was better than the prior year. All since I took a shot at my objectives. In the previous 5 years, I additionally turned out to be genuinely more grounded, read in excess of 400 books, purchased a loft and a little place of business, constructed a not too bad list finance portfolio, and still spared generally 30% of my income.I must state that I'm not an un common case. I'm not an extremely rich person or especially skilled. My folks are workers, and I experienced childhood in The Netherlands. I'm fortunate I experienced childhood in a sheltered nation with decent instruction framework. However, aside from that, it's been all work.What I'm attempting to state is that each individual with sensible conditions can work him/herself into a decent position. What's a decent situation throughout everyday life? Here's my definition:You have created strong aptitudes that you can assemble a profession on. You have put resources into your instruction and system. Consequently, you won't stress over being out of an occupation. You additionally gain a better than expected salary. That gives you more opportunity to appreciate life - without stress.And at last, you need a decent private life: A decent connection with your family, companions you share things for all intents and purpose with, and an accomplice you love. Despite the fact that I'm seeing s omeone, likewise figure you can be joyfully single.But to me, ultimate accomplishment in your private life implies having character. You need to turn into the individual who YOU would need as a mate, sibling, sister, parent, friend.How did you do it?Here are a couple of things I found out about improving your life: In the first place, set ONE goal for each territory of your life. I separate my objectives as follows: Learning (what aptitudes would I like to improve?), Career (what would I like to accomplish in vocation?), Money (what amount would I like to spare and win?), Relationships (what sort of individual would I like to turn into?). Set an objective that is sufficiently driven and yet is additionally reachable inside a year. Reach skyward. In any case, don't make it outlandish for yourself. Second, make a plan. How are you going to accomplish your goals? Focus on things you control: Basically, yourself. Third, reflect adapt. At the finish of consistently, take a gander at your objectives and ponder your day. What did you do today that will assist you with getting nearer to your objectives? Accomplished you work out? Read a book? Work on your character? Accomplish your work? If not, why? What would you be able to improve? Are there things you may need to change? Keep tabs on your development accurately. On the off chance that things are not working out, adjust. The procedure is direct. The effort, energy, and center that it requires to pull it off, in any case, isn't. It is difficult to accomplish eager objectives. What's more, we as a whole know why that is. On the off chance that it was simple, everyone would do it.Decide to appear as something else. Set an objective and really chip away at it. After quite a long time after year, your life will be better. Imagine a scenario in which you neglect to accomplish your objectives. Don't overthink it: Set another objective. At that point, return to work.This article first showed up on DariusForoux.com.

Job Interview Questions About Your Responsibilities

Prospective employee meet-up Questions About Your Responsibilities Prospective employee meet-up Questions About Your Responsibilities While, during a prospective employee meet-up, you are posed inquiries identified with your present or past positions, its significant for your reaction to incorporate a couple of point by point particulars about what you did in your past role(s). Keep your answer positive -its a smart thought to raise upgrades or achievements, yet best to avoid referencing disappointments or conflicts with collaborators. Since this is a typical inquiry question, make a point to plan for it early, and have a decent feeling of how you would sum up your obligations regarding every one of your positions. For the most part, the attention will be on your present or latest job. When you can respond to the inquiry, For what reason do I think I have the experience and aptitudes that make me an extraordinary possibility for this activity?, you'll be a great idea to go! Most intelligent Answers for Questions About Your Responsibilities The most ideal approach to react to this inquiry question is to depict your duties in detail and to connect them to the activity you are meeting for. This implies, before your meeting, you ought to deliberately audit the job description for the new position. Pretty much every expected set of responsibilities you will experience will give a rundown of the ranges of abilities and work experience a business is looking for in their next worker (regularly found under the caption, Duties). For every prerequisite, ask yourself: For what reason do I think I realize how to do this function?When have I really needed to utilize these skills?How powerful would i say i was in playing out this piece of the activity? What models would i be able to use to demonstrate my fitness for this activity task? For instance, if the expected set of responsibilities necessitates that you have a strong information on innovation like Microsoft Office Suite or Adobe Creative Suite, be set up to portray how you've utilized these projects in your past activity. On the off chance that it necessitates that you have amazing client support aptitudes, be prepared to refer to a couple of events when you effectively took care of clingy customer relations issues. At that point coordinate your capabilities to the activity: Tie your obligations at your present or past situations in with those recorded part of that expected set of responsibilities. By doing this, the business will see that you have the capabilities important to carry out the responsibility you are meeting for with their association. Concentrate most on your responsibilities that are legitimately identified with the new occupations prerequisites. For example, on the off chance that you are meeting for a job that requires the executives aptitudes, underscore ventures youve drove, occasions youve arranged, and individuals youve oversaw. In the event that you are attempting to find an occupation in an innovative field like visual communication or promoting, bring along an arrangement of plans you've made for critical venture assignments. Be expressive and participating in your rundown of responsibilities -no doubt, the questioner has a duplicate of your resume available and is searching for you to go past the data recorded in that archive. This is your chance to give the individual story that will propel you from being a name on the page to being a solid and paramount picture in your questioner's brain. Abstain from going excessively granular on the subtleties: organization explicit language can overpower a questioner. It very well may be a troublesome parity, however endeavor to give a careful portrayal of your obligations, and utilize diverse language from whats on your resume. Notice a particular examples where you profited the company, solved an issue, or had a significant achievement. Results-arranged answers are valuable here. You can make statements like: I made a timetable that halted late conveyance, gaining the companys grant for best cooperative person. On an everyday premise, I was the essential purpose of contact with customers, attempting to guarantee that their needs were met while raising pressing issues to my managers. While you need to outline your obligations in a positive light, its likewise imperative to be completely forthright. Dont decorate your activity title or obligations, since you dont know who the employing director will check with when they check your references. Advance Prep Is Key to Interview Success The most ideal approach to vanquish any anxious anticipatory anxiety before a vocation interview is to be readied. Assessing your responses to basic inquiries questions before the meeting will likewise assist you with giving better reactions. Look at these much of the time posed inquiries (and see the suggested most fitting answers) ahead of time of your meeting. Use them to pretend your reaction. You can rehearse with a companion, or without anyone else before the mirror. It's insightful to likewise recall that you are meeting your expected boss while they are talking with you â€" and that they will be keen on how you react to the standard inquiry, Are there any inquiries you have for us about this activity or our organization? Here are a few thoughts for what to inquire. Since this encouragement to reverse the situation frequently happens toward the finish of the meeting, having a solid reaction will assist you with leaving a decent impact on your questioner.

QA with Aleksandra King, Communications Expert, Motivational Speaker Reality TV Star

QA with Aleksandra King, Communications Expert, Motivational Speaker Reality TV Star QA with Aleksandra King, Communications Expert, Motivational Speaker Reality TV Star Image Source: Aleksandra KingAleksandra King blazed a trail into public consciousness back in October 2016 when she became the first candidate to quit The Apprentice UK mid-task.“It’s such a fantastic feeling to enjoy who you are, to not apologise for it… It is totally liberating.”“I’m really sorry… I’m just not enjoying it,” she said, making  no further comment as she calmly walked away from the other Apprentice  candidates.In the image-conscious world of ‘reality’ TV, there was something about the manner of Aleksandra King’s departureâ€"calm and clear-eyed, rather than emotional and irrational; high in drama but low-key in executionâ€"that was more remarkable than the departure itself.It’s little surprise, therefore, that since The Apprentice UK 2016 aired, Aleksandra King has become something of a  byword for positive development and business excellence.Viewers of the series enjoyed her self-awareness, confidence, work ethic and inner strength, and these are all qualities that she uses to help business organisations and individuals fulfil their growth potential.Hers is a  name that is increasingly synonymous with these qualities â€" and is set to become more prevalent, after her recent signing with press and media agent Thomas Murphy.Aleksandra King has worked hard to make it as a successful entrepreneur in her own right, juggling the impulses of business ambition that were instilled in her early childhood by her parents, with her  personal  commitments  as the partner of a successful digital marketing professional and mother of young children.A natural communicator, Aleksandra King is as comfortable on television, video (she has her own YouTube channel) and the radio (she has appeared on BBC One, of course, as well as BBC Home Three Counties radio) as she is anywhere else, and  is also an inspiring motivational speaker, connecting audiences with the inner spark to ignite their ambitions towards long-term personal and professional a chievements.She is also an active business consultant helping  brands to connect with their messages via social media, video promotion and events (work that occasionally brings her into collaboration with her husband Elliot King and his successful marketing company MintTwist).Image Source: Aleksandra King (adsbygoogle = window.adsbygoogle || []).push({}); 11  Questions for  Aleksandra KingWork-life balance is important to Aleksandra King, and we’re glad that she cleared some time in her busy work and home calendar to answers our questions about her career to date, the key lessons she has learned, and the advice she would pass on to her younger self if she were starting out in business today. (adsbygoogle = window.adsbygoogle || []).push({}); 1.  Briefly tell us how you first  got into business, and describe your business goals.I’m a natural born communicator, so communications is where I’ve always wanted to be. I love appearing on TV and doing bits and bobs on the radio. I h ave recently started working with Thomas Murphy ([emailprotected]) who is now acting as my agent for all things ‘press and media’.I am also a motivational speaker, as I adore public speaking. My favorite motivational talk was for staff and partners at Great Ormond Street Hospital. I truly love nothing more than to inspire, help and motivate people to achieve their goals, and to have a platform to do that is an incredible blessing.On the more formal business side, I do consultancy for a select number of brands and I help these businesses get their messages out via social media, videos, and events. I occasionally get to work with my husband, Elliott King, as he is the director of a very successful digital marketing company, MintTwist, and we often have clients that require communications direction on the digital stage.2. What age were you when you realised you wanted to run your own business?As a child, I watched my dad run his own export/import business in South Africa, and I wit nessed the huge highs that come with major success and the massive lows that come with failures. I was on the ‘business seesaw’ for many years and initially, it put me off business. My mum had a proper, stable, academic job as Chief Language Practitioner for the South African Defence Force. So, I aimed to also get a ‘proper job’ in IT telecoms billing, and what is exactly what I did.However, after taking time off to look after my girls, the thought of going back to work as an employee lost its appeal and I found myself drawn to the exciting and risky world of entrepreneurship. I wanted to do things on my own terms, things that I was passionate about, things that I could do my own way while ensuring I could be flexible enough to be there for my children and husband. In short, I decided to become my own boss. (adsbygoogle = window.adsbygoogle || []).push({}); 3.  Who are your business icons and inspirations?My dad is an inspiration with his relentless optimism and entrepreneu rial drive no matter what. My mum as well, with her strength, commitment and steadfastness. Family aside, I adore Cindy Crawford. Not only is she gorgeous but she is a loyal wife, loving mother and has proven to be an excellent business woman with sound morals and ethics. I also highly respect Oprah Winfrey who had a tough start in life. She let her feelings be her life compass and guide her to success. She maximized her talents and, instead of playing victim, became a  true inspiration and motivator to millions.4.  What has been your biggest challenge in business, and how did you surmount it?Taking the plunge from an employee into business ownership is by far the biggest challenge. It requires a major mindset change. I had to leave behind the security of a well paid, comfortable, and respected profession and take the plunge into the unknown. Change is difficult and we are all naturally resistant to it. My thoughts are that we should go for things while we are relatively young and h ealthy. If things don’t work out, then we can always make another plan. However, not trying is not an option because a life of regrets is simply boring. (adsbygoogle = window.adsbygoogle || []).push({}); 5.  Work-Life balance: is it possible? How do you achieve it?It is possible, and I strongly believe that where there is the will there is a way. I don’t have it all worked out, however, and it’s a constantly evolving and changing process. My husband and I work together to ensure one of us is around with the kiddies while the other is at work. We are a team and we make time to work and play together. After my girls were born, I made sure to take  time off work to be  there for them when they needed me most. I was lucky enough to be able to do this and I am now able to put much more emphasis on my professional career as all my girls are attending school.6. What is the first thing you do every day?I get up 15 minutes early to enjoy a lovely cup of coffee while looking out into t he garden. I love  doing that as it helps ease me into the day and mentally prepare for what lies ahead. (adsbygoogle = window.adsbygoogle || []).push({}); 7. What screen saver picture is currently on your phone?My black and white cat, Spinu. I like the monochrome look!  8. What is the most important app on your mobile phone, and why?My calendar. It has everything in it. All my work-related appointments as well as personal appointments including children’s clubs, play-dates, etc. It is packed with daily activities and I check it several times a day. (adsbygoogle = window.adsbygoogle || []).push({}); 9.  What is the last thing you Googled?Hmm… maybe this is not something I should own up to, but I did look up ‘toxic mould’. We just purchased a house, so needed to temporarily rent while we waited to move in, and I noticed mould on the walls. Since becoming a parent, I’m totally obsessed with all things ‘health’ so I Googled ‘toxic mould’. The problem with Googling health-related topics is that the most scary and awful things always come up. My advice is don’t Google it. Just see your GP if you are truly scared. We removed the mould and are moving very soon which is great! Stress wont help your situation if there is a problem.10. What item do you never leave the house without, and why?I always, always take my phone with me, but that’s the obvious answer, isn’t it? Phone aside, you will always find mascara, lip-gloss and perfume in my bag. I must say that I am always smartly dressed when doing business. I was brought up to show respect for my profession and co-workers by dressing smartly. (adsbygoogle = window.adsbygoogle || []).push({}); 11. What advice would you give to your younger self starting out in business?I would tell my younger self to really enjoy being who you are, and to embrace it wholeheartedly. It’s such a fantastic feeling to enjoy who you are, to not apologise for it and to simply be as much of yourself as you possibl y can. It is totally liberating, and this is something that breeds success. People gravitate to that confidence and feeling of self-worth.Image Source: Aleksandra King