Hate Your Boss - Call the Government

djeffers

I'm just furious about the article I read today. I'd be interested in others opinions.
[url]http://www.foxbusiness.com/markets/2011/02/04/white-house-launches-new-aba-hotline-labor-dept/[/url]

Paul in Cannon Beach

Hopefully, government employees calling in will keep the phone lines tied up.

System

Here's an article from our HR News blog on it. It's called the Bridge to Justice program

[url]http://blogs.hrhero.com/hrnews/2010/12/14/dol-announces-bridge-to-justice-attorney-referral-system/[/url]

Still Need Coffee

That is utterly disgusting. As the author points out, it is hard to follow the President's plea to start hiring and spending money when in the same breath, his administration approves things like this.

Unreal.

Paul in Cannon Beach

Well, follow the logic. The administration needs employers to hire employees in order to use the hotline.

ACU Frank

It does create jobs for lawyers, at least.

jrudd99

There are bosses who are simply bad people and who treat workers badly and unfairly. And, too often, those who suffer at the hands of those bad bosses have no recourse or help. I've got no problem, yet, with this initiative.

NaeNae55

I have a question. Does this mean that an employee who was treated illegally may end up being left out in the cold because the settlement won't be big enough for the lawyers who work on a contingency fee?

Dasher

Or perhaps it may mean that some employees who have no other recourse will now be able to at least get preliminary advice from (hopefully) a legal advocate. Those of us who know the system and how to handle (aka maneuver) it don't recognize that there are legitimately some who do not.

I have no fear of this new program really. My job is to see that I keep the company steered in the right direction as far as the labor laws are concerned.

Paul in Cannon Beach

Dasher, I think what some of us are resentful of is the very subtle but implied government stance that bosses are inherently bad. Of course, no one would ever say that but I think the idea of a hotline almost seems to presuppose that employees will need it as they deal with their bad, bad bosses.

kdigangi

The way I read this article, the employee has already filed a claim with the appropriate government agency. Referral to the lawyers is for the ones the agency choses not to act upon. I would assume in some cases, that is because the claim is meritless. In others, it may be that they figure the employee is going to end up in court anyway (because that's where the big money is), so they're just shortcutting the process at the agency level. In either case, not good new for employers. What I resent is that many of these employees don't really want the problem fixed, they want the big payoff.

Dasher

Ok, Paul, I see what you mean. Then I am going to demand a similar hotline for bosses. You all know what we have to deal with daily.

Sharon McKnight SPHR

[quote=jrudd99;721634]There are bosses who are simply bad people and who treat workers badly and unfairly. And, too often, those who suffer at the hands of those bad bosses have no recourse or help. I've got no problem, yet, with this initiative.[/quote]



Your first post!!

Welcome to the Employers Forum. Glad you've joined us.

Sharon

:welcome:

NaeNae55

Yesterday I attended my local SHRM chapter's monthly luncheon. The speaker yesterday comes every year to give us a quick employment law update. One of the things he brought up was this program. He is a lawyer, and said it would be great for lawyers, especially plaintiff attorneys.

This is how I understand it now: The goernment only has time to process so many complaints. When they get one that they don't have time to process, they will give the complaintant the 800 number. The real problem for employers will come with FSLA claims. When the DOL investigates, they generally go back 2 years and only head into double damages when the employer is uncooperative or there is evidence that they knowlingly and deliberately failed to comply. It is probable that any cases brought by the 1-800 lawyers will automatically go for 3 years and double damages.

Do I understand it correctly M Lee Smith lawyers?

Tony Kessler

DOL's "gotcha" tactics, including the so-called Bridge to Justice program, is a flawed way to enforce workplace laws, according to D.C. employment law attorney David Fortney, who testified yesterday before the House Subcommittee on Workforce Protections. Fortney, who edits and writes much of the [I]Federal Employment Law Insider [/I]newsletter, didn't mince words in challenging the way he believes the Wage and Hour Division has been going after employers. Here is a more complete report on his testimony: [URL="http://t.co/Md0EWqti"]bit.ly/uqZfpt[/URL]

From where you sit, do you agree or disagree with David's analysis? Please add your comments to the end of the article. thx! tk

joannie

I have to agree with the analysis. Several years ago, I had an employee file a workers comp claim for an alleged back injury. At the same time, he filed for divorce and reported his pickup stolen. The pickup was found in his uncle's barn in Mexico and we had time cards proving the week he claimed he hurt his back he wasn't even at work. He was awarded $10k. Our attorney was ecstatic because we had "won" the case. When I asked him how we had won and still had to pay the lowlife $10k his response was "the court had to give him something so his attorney could get paid". Seems to me this new program will only promulgate that philosophy.:(

NaeNae55

[QUOTE=joannie;723291]I have to agree with the analysis. Several years ago, I had an employee file a workers comp claim for an alleged back injury. At the same time, he filed for divorce and reported his pickup stolen. The pickup was found in his uncle's barn in Mexico and we had time cards proving the week he claimed he hurt his back he wasn't even at work. He was awarded $10k. Our attorney was ecstatic because we had "won" the case. When I asked him how we had won and still had to pay the lowlife $10k his response was "the court had to give him something so his attorney could get paid". Seems to me this new program will only promulgate that philosophy.:([/QUOTE]

Why should you or your insurance company make sure the lowlife's attorney gets paid? If the court thought he/she should be paid, the court should have paid it. How about the lawyer doesn't get paid and he/she thinks twice about taking on such a case. Or better yet, the lowlife and his lawyer should have paid you guys for your trouble (only when it is blatent fraud of course). There is a little too much of 'I'll scratch your back...' going on in the world. And it is not just lawyers who are doing it.

joannie

Nae, you know as well as I do, as long as attorneys are making the laws, they will ensure their brethren get paid.:(