DeepSummary
The podcast episode discusses reasons why an employment case may not be accepted for representation by an attorney. The host explains that while many situations in the workplace may seem unfair, they may not necessarily be unlawful under the relevant laws. Factors such as being in a right-to-work state, statutory time limitations, signing a severance agreement, and conflicts of interest can prevent an attorney from taking on a case.
The host also mentions that even if a case is not accepted for representation, employees can still file complaints with relevant government agencies like the EEOC, OSHA, or the Department of Labor to seek accountability or restitution. Additionally, the host encourages seeking a second opinion from another attorney and, if dissatisfied with the laws, getting involved in the democratic process to advocate for change.
Throughout the episode, the host emphasizes the importance of consulting with an attorney to understand one's legal rights and options, as employment laws can vary significantly based on location and specific circumstances. The host aims to educate employees on the legal process and empower them to pursue justice in the workplace.
Key Episodes Takeaways
- Employment situations that seem unfair may not necessarily be unlawful under relevant laws.
- Consulting an attorney is crucial to understand if a situation is legally actionable and to explore potential options.
- Factors like statutes of limitations, signed severance agreements, and conflicts of interest can prevent attorneys from taking on a case.
- Employees can file complaints with government agencies like the EEOC, OSHA, or the Department of Labor to seek accountability or restitution, even if a case is not accepted for legal representation.
- Seeking second opinions from different attorneys can provide a more comprehensive understanding of legal options.
- If dissatisfied with current employment laws, employees can advocate for change through the democratic process.
- Attorneys may decline a case if the potential recovery is limited or if the defendant is insolvent.
- Subjective factors, such as an attorney's personal experience or area of expertise, can also influence whether a case is accepted.
Top Episodes Quotes
- “And so the only way to find that out is to vet it through an attorney. And if the attorney is able to provide you feedback that says, look, under the relevant laws, you wouldn't get very far with a lawsuit, that's useful information.“ by Adian Miller
- “If you don't like the laws, please go out and change them. Vote for representatives who have different laws. Suggest laws that would be more helpful to employees in situations like yours. I always encourage folks to get involved in the democratic process and to stay empowered.“ by Adian Miller
- “In all these instances, this government agency is going to take down the facts of your complaint, reach out to the employer and ask for information, and in some of these instances, the agency may be able to help you recover.“ by Adian Miller
- “If you are in the middle of a lawsuit and the company goes bankrupt, it can be very hard to collect on anything at all. So that's just a matter of making sure everyone's spending their resources in a way that's going to be beneficial to all parties.“ by Adian Miller
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Episode Information
Justice At Work
Barrett Farahany
5/11/21
Not every employment law case will yield a sizable settlement or even be accepted by an attorney. But fear of rejection shouldn’t keep you from speaking to a lawyer about your employer’s actions and the probability of a viable case. In this latest episode of the Justice at Work podcast, Adian Miller discusses seven reasons why a case might be rejected and what you can learn from each, as well as a few alternatives for obtaining employer accountability and possible restitution. Among the issues Adian reviews are the difference between unfair and unlawful acts, statutes of limitations in employment law (some as short as 180 days), and the importance of knowing the revocation period of any severance agreement.