Tag Archive for: attorney
Five Tips to Honor MLK
Tick tock…tick tock… time has turned into years and years have unfolded improvements that Martin Luther King was greatly responsible for in the mid-1960s. The Civil Rights Act and the Voting Rights Act for African Americans changed the laws in America so there would be repercussions for discrimination of race or color. So now we have a kinder and more equal social justice in the United States. Ummmm…I don’t think so!!! The EEOC reported that there were over 31,000 charges of racial discrimination reported in 2015. Senator John Lewis (D-GA) spoke out recently and tweeted, “We must never, ever give up the right to protest for what is right, what is good, and what is necessary.” If we choose to strive for justice and a kinder world, I have five tips that honor the “great work” of Martin Luther King.
First, be a “light” and don’t meet evil or darkness on its level. Fighting with people who are bullies or are acting badly will only bring your own spirit and your energy down. “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that” said Martin Luther King. He strived for peace in non-violent ways. Rosa Parks was arrested in 1955 for refusing to give up her seat on a bus to a white person. Martin Luther King and his followers began to boycott the Montgomery bus public transit system in Alabama. It was a huge success because most of the bus riders were African American and the boycott created an enormous financial deficit for the company. Consider how you can make a non-violent action to stand up to injustice. For example, I speak, write, mentor, and I am a 27-year HR expert on workplace bullying and discrimination. I do this in a compelling manner, but the tone of my actions is non-violent.
Second, learn as much as you can about discrimination so you can become more empowered and educated. Unfortunately, workplace bullying is not illegal, but discrimination is illegal. With the exception that “retaliation” for reporting discrimination is illegal if a person has initiated discrimination charges to an agency like the Equal Employment Opportunity Commission. While the Klu Klux Klan (KKK) has lost power over the years, today we have organized groups who have the ability to enforce civility in the workplace, but not enough is being done to fix hostile work environments. Why not foster your skills and learn more about your rights to a safe and non-hostile work environment in my blog articles on my website.
Third, if you are enduring harmful behavior from others or you need help to speak your “truth,” why not find a mentor, spiritual leader or a life coach to support you. I wrote an article, “Five Tips Before You Hire a Life Coach” to share guidance in finding ethical and competent Life Coaches.
Fourth, consider seeking legal counsel if you have questions about discrimination because of your race, color, sexual orientation, age, pregnancy, national origin, you are over 40 years old, gender identity, disabilities, genetic information or religion. For about $20.00 a month, you can seek a lawyer’s advice at Legal Shield. That is less than the cost of going out to dinner for most people. An HR professional with expertise in workplace bullying and discrimination may become an essential expert to help you. When an employee understands their “rights,” they can pursue justice or a fair outcome. An experienced HR consultant could possibly save you a lot of money by avoiding costly legal fees. Don’t get me wrong—employment attorneys can be powerful allies, but they will most likely charge more in fees. I am suggesting that you do seek an attorney if you feel compelled to do so, but why not let an HR consultant support you at a lower cost? Then you can reach out to an employee attorney later on if needed.
Fifth, be an advocate for social justice and fair treatment of others. For example, a friend of mine recently saw a Caucasian man castigating an African American woman after she walked out of a grocery store. He yelled derogatory comments at this lady accusing her of being lazy and that she should not be a drain on society. Perhaps this woman needed to be on food stamps to support her family. My friend saw the need to intervene and acted like she knew this woman. This discouraged the angry man who walked away to his vehicle. Thanks to my friend, this woman was able to get to her car with her children, with only tears running down her face. There is no telling what could have happened if there had been no intervention to help this lady get to her car with the assurance that someone cared about her.
There are many ways to honor the late Martin Luther King. We can all be “extensions” of his advocacy to end discrimination and make this a better world. Think of ways that you can help positively eliminate injustice and take action. Follow me on Facebook where I share tips to stand up to workplace bullying and discrimination to executive teams, global leaders, political teams, government leaders, attorneys, mental health professionals, and employees.
Dos and Don’ts on Social Media When You are Being Bullied at Work
It feels great to share your concerns or your victories on social media. It can feel gratifying to get approval or “likes” on your posts. But—can your social media posts backfire on you? Yes, they can. If you are venting about your workplace bullying and using a person’s name, you could be committing defamation of character. According to http://thelawdictionary.org/article/how-do-you-prove-a-defamation-of-character-claim/:
Slander and Libel
“There are two different types of defamation of character. The first is when someone verbally says a false statement about you. This is referred to as slander. The second is when someone writes down or publishes a false statement about you. This is referred to as libel.
The Final Step
Once you have proven to the court of law that the statement made against you was, in fact, false the last step is proving that the statement caused some form of damage to you or your reputation. Most lawyers are going to tell you that despite being the last step in the process proving that a statement has caused you harm is the most difficult part of the process. First of all, there is a clear different between a statement having the potential to cause you problems and the statement actually causing you problems. It is only considered defamation of character if the statement has actually caused you harm, not if it has the potential to cause you harm.
In order to win the claim, you are going to need to prove that the false statement has always ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. The unfortunate truth is that this does mean you will have to wait for the false statement to cause problems in order for the court to take action against them”.
Everyone has “rights” and if you “verbalize” or “publish” derogatory comments about another person, you could end up with a liability suit against you. This could get very “sticky” as you will have to prove your comments as being “true”. This could have the potential to tie you up in court and legal fees for years. Is it worth it? Most people who are dealing with workplace bullying need an outlet to express their concerns and seek guidance from others who are experiencing the same issues.
A safer way to join a Facebook group that supports people who deal with workplace bullying is to make up a fake (pseudo name). I recommend never using another person’s name in your posts or comments, but discussing your issue in “general terms”. If you join a Facebook group under your “real name”, be careful with what you post. Keep out names and circumstances that could be “used” against you if it falls into the wrong hands. There are cases where the bully or their attorney has compiled social media posts to use against the “bullied”. It would not serve you for your highest good to have the “other side” to have ammunition to use against you.
Documentation that presents compelling evidence can be very powerful. If you have made social media posts that could be potentially damaging to you if it gets in the right hands, do your best to delete these posts right away.
There is no way that a Facebook administrator, who is in charge of a Facebook group will be able to know who is the “bully” or “bullied” in their groups. Anyone can request to join a Facebook group or Twitter group. Always be careful and If you have a court hearing or an Equal Employment Opportunity Community (EEOC) hearing, the “bully” or attorneys representing the bully may attempt to find a way to access your social media to see if they can find “evidence” or posts that could help them “leverage” control over you. For example, if you are pursuing an EEO hearing, you have signed a “statement” that you cannot discuss your case, except with certain professionals. Your case can be thrown out by the EEOC because you “discussed” your case with others that don’t fall under the criteria of the EEOC.
For example, if you are pursuing an EEO hearing, you have signed a “statement” that you cannot discuss your case, except with certain professionals. Your case can be thrown out by the EEOC because you “discussed” your case with others that don’t fall under the criteria of the EEOC.
Don’t beat yourself up if you have made defamatory remarks about a bully. Just be mindful in the future and protect yourself. You never want a bully to hold “power” over you, especially if you can prevent it. Reach out to resources that can help or encourage you. Be mindful of social media groups or any group individuals that focus only on the “negativity” of their situation. Everyone’s story is powerful to them. The caution you must take is to be mindful of each person’s contribution to the group. Are they positive or negative?
It is very cathartic (healing) to share how you feel about your bullying situation. However, some people will not make the effort to improve their situation. They will wallow in their sorrow because they appreciate the “pity” attention they receive. Some of them will complain and spew negativity, but they will do nothing to help themselves become empowered. I think most people want to become empowered and want to know how to stand up to workplace bullying. Pay attention to the people you surround yourself with because their “energy” will rub off on you.
Last, reach out to support groups or create your own ones so you can get the help your need and the support you deserve. Be smart and remember, “You are always on Parade”. You are observed by people who are visible and not visible in your life. The best revenge for workplace bullying is living well and succeeding in life.
If you need help with your own workplace bullying or discrimination matter—you can find resources on my website at www.DawnMarieWestmoreland.com
Workplace Bullying Scare Tactics–Three Tips to Empower You
I talked to a former government employee recently who thought she had “stacked evidence” of disciplinary violations against her from her managers. After talking to this employee, it turns out that her management had set up strategies to scare her as a “whistleblower”. Often times, bully managers will make up “false charges” on an employee to scare them, run them away from their job or discredit them. 
When you are a conscientious “whistleblower”, you can almost expect retaliation because it exposes the wrong-doer.
Most employees are not HR employees and they don’t know the guidelines, laws, and protocols that support a healthy workplace environment or their rights as an employee. I was smiling on my end of the phone–because everything was handled in a very unprofessional manner from her managers and from an HR perspective–this employee had nothing to worry about in regards to disciplinary action. In fact–she now had my HR advice to support defamation of character on her part and mental/physical harm that has been done to her. It’s nice to “arm” employees and teach them their “rights” so they can stand up to workplace bullying. This employee will be working with an attorney and was feeling more empowered after our session.
So, how do you know how to transmute “false charges”’ against you if you have been bullied in the workplace or you are receiving retaliation because you are a “whistleblower”? Here are three tips:
First, if you know how to research your work’s policies, guidelines, manuals, handbooks etc., start studying them to learn more about your rights. For example, if you work in the Veteran Affairs (VA), you could research the VA’s handbooks and directives by going to http://www.va.gov/vapubs/ or you could research it on the web by looking for information that governs your workplace.
If you work for the Veteran Affairs, you can research disciplinary action for employees. You may find information such as the VA disciplinary table, it falls under VA Handbook 5021/15 and is called “Employee/Management Relations”. Why could this table be important to you? Because it tells you all the disciplinary range of penalties for stated offenses. This is important, because if you have been charged with something that is not on this table, you have knowledge of possibly being falsely charged with an offense.
If you have been falsely charged with an offense that is on this table, you can cite this table and the nature of offense when you work with an attorney, HR expert or another professional. You may be able to use this as proof of bullying or retaliation, especially if you have filed charges against your workplace with the Office of Special Counsel (www.osc.gov) or the Equal Employment Opportunity Commission (www.EEOC.gov).
Second, if you don’t have the time or the energy to do your own research on regulations etc., consider hiring a human resources (HR) professional if you are getting nowhere with your own HR department or there is no HR department where you work. The money you may save by hiring an HR expert could offset the emotional and financial damage of your workplace bullying situation. You can also hire an attorney and I would recommend it if you feel the need to hire a legal expert. Often times, the HR expert will cost less money than an attorney. In addition, they are able to provide an HR technical review of your workplace bullying situation. The HR expert is able to review and analyze the facts and documentation you have in regards to your situation. When I hired my attorney to handle my disability discrimination and retaliation cases, I was able to provide him with great documentation, that ultimately allowed me to settle with the VA and refuse to sign a “gag order” to keep quiet about my story and to help others who deal with workplace bullying.
Third, when you deal with cowardly bullies, they may be desperate to defame you, fire you, or ruin your credibility. It does not matter how strong you think you are—everyone has a breaking point and bullies will do their best to find the weak link in your defenses. It can take a serious toll on your health. It’s important to find avenues of relaxation that resonate with you. You need to focus on everything that is good in your life. When your mind wanders on any negativity, be sure to bring it back to “neutral” or a more positive thought. Our thoughts form our belief system. You are worthy of claiming your “personal power” and having a healthy work environment.
In 2016, I will be traveling across the U.S. and speaking about workplace bullying and empowerment in the workplace. If your organization would like to hire me for speaking, be sure to check out: http://dawnmariewestmoreland.com/speaking
Tag Archive for: attorney
Five Tips to Honor MLK
Tick tock…tick tock… time has turned into years and years have unfolded improvements that Martin Luther King was greatly responsible for in the mid-1960s. The Civil Rights Act and the Voting Rights Act for African Americans changed the laws in America so there would be repercussions for discrimination of race or color. So now we have a kinder and more equal social justice in the United States. Ummmm…I don’t think so!!! The EEOC reported that there were over 31,000 charges of racial discrimination reported in 2015. Senator John Lewis (D-GA) spoke out recently and tweeted, “We must never, ever give up the right to protest for what is right, what is good, and what is necessary.” If we choose to strive for justice and a kinder world, I have five tips that honor the “great work” of Martin Luther King.
First, be a “light” and don’t meet evil or darkness on its level. Fighting with people who are bullies or are acting badly will only bring your own spirit and your energy down. “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that” said Martin Luther King. He strived for peace in non-violent ways. Rosa Parks was arrested in 1955 for refusing to give up her seat on a bus to a white person. Martin Luther King and his followers began to boycott the Montgomery bus public transit system in Alabama. It was a huge success because most of the bus riders were African American and the boycott created an enormous financial deficit for the company. Consider how you can make a non-violent action to stand up to injustice. For example, I speak, write, mentor, and I am a 27-year HR expert on workplace bullying and discrimination. I do this in a compelling manner, but the tone of my actions is non-violent.
Second, learn as much as you can about discrimination so you can become more empowered and educated. Unfortunately, workplace bullying is not illegal, but discrimination is illegal. With the exception that “retaliation” for reporting discrimination is illegal if a person has initiated discrimination charges to an agency like the Equal Employment Opportunity Commission. While the Klu Klux Klan (KKK) has lost power over the years, today we have organized groups who have the ability to enforce civility in the workplace, but not enough is being done to fix hostile work environments. Why not foster your skills and learn more about your rights to a safe and non-hostile work environment in my blog articles on my website.
Third, if you are enduring harmful behavior from others or you need help to speak your “truth,” why not find a mentor, spiritual leader or a life coach to support you. I wrote an article, “Five Tips Before You Hire a Life Coach” to share guidance in finding ethical and competent Life Coaches.
Fourth, consider seeking legal counsel if you have questions about discrimination because of your race, color, sexual orientation, age, pregnancy, national origin, you are over 40 years old, gender identity, disabilities, genetic information or religion. For about $20.00 a month, you can seek a lawyer’s advice at Legal Shield. That is less than the cost of going out to dinner for most people. An HR professional with expertise in workplace bullying and discrimination may become an essential expert to help you. When an employee understands their “rights,” they can pursue justice or a fair outcome. An experienced HR consultant could possibly save you a lot of money by avoiding costly legal fees. Don’t get me wrong—employment attorneys can be powerful allies, but they will most likely charge more in fees. I am suggesting that you do seek an attorney if you feel compelled to do so, but why not let an HR consultant support you at a lower cost? Then you can reach out to an employee attorney later on if needed.
Fifth, be an advocate for social justice and fair treatment of others. For example, a friend of mine recently saw a Caucasian man castigating an African American woman after she walked out of a grocery store. He yelled derogatory comments at this lady accusing her of being lazy and that she should not be a drain on society. Perhaps this woman needed to be on food stamps to support her family. My friend saw the need to intervene and acted like she knew this woman. This discouraged the angry man who walked away to his vehicle. Thanks to my friend, this woman was able to get to her car with her children, with only tears running down her face. There is no telling what could have happened if there had been no intervention to help this lady get to her car with the assurance that someone cared about her.
There are many ways to honor the late Martin Luther King. We can all be “extensions” of his advocacy to end discrimination and make this a better world. Think of ways that you can help positively eliminate injustice and take action. Follow me on Facebook where I share tips to stand up to workplace bullying and discrimination to executive teams, global leaders, political teams, government leaders, attorneys, mental health professionals, and employees.
Dos and Don’ts on Social Media When You are Being Bullied at Work
It feels great to share your concerns or your victories on social media. It can feel gratifying to get approval or “likes” on your posts. But—can your social media posts backfire on you? Yes, they can. If you are venting about your workplace bullying and using a person’s name, you could be committing defamation of character. According to http://thelawdictionary.org/article/how-do-you-prove-a-defamation-of-character-claim/:
Slander and Libel
“There are two different types of defamation of character. The first is when someone verbally says a false statement about you. This is referred to as slander. The second is when someone writes down or publishes a false statement about you. This is referred to as libel.
The Final Step
Once you have proven to the court of law that the statement made against you was, in fact, false the last step is proving that the statement caused some form of damage to you or your reputation. Most lawyers are going to tell you that despite being the last step in the process proving that a statement has caused you harm is the most difficult part of the process. First of all, there is a clear different between a statement having the potential to cause you problems and the statement actually causing you problems. It is only considered defamation of character if the statement has actually caused you harm, not if it has the potential to cause you harm.
In order to win the claim, you are going to need to prove that the false statement has always ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. The unfortunate truth is that this does mean you will have to wait for the false statement to cause problems in order for the court to take action against them”.
Everyone has “rights” and if you “verbalize” or “publish” derogatory comments about another person, you could end up with a liability suit against you. This could get very “sticky” as you will have to prove your comments as being “true”. This could have the potential to tie you up in court and legal fees for years. Is it worth it? Most people who are dealing with workplace bullying need an outlet to express their concerns and seek guidance from others who are experiencing the same issues.
A safer way to join a Facebook group that supports people who deal with workplace bullying is to make up a fake (pseudo name). I recommend never using another person’s name in your posts or comments, but discussing your issue in “general terms”. If you join a Facebook group under your “real name”, be careful with what you post. Keep out names and circumstances that could be “used” against you if it falls into the wrong hands. There are cases where the bully or their attorney has compiled social media posts to use against the “bullied”. It would not serve you for your highest good to have the “other side” to have ammunition to use against you.
Documentation that presents compelling evidence can be very powerful. If you have made social media posts that could be potentially damaging to you if it gets in the right hands, do your best to delete these posts right away.
There is no way that a Facebook administrator, who is in charge of a Facebook group will be able to know who is the “bully” or “bullied” in their groups. Anyone can request to join a Facebook group or Twitter group. Always be careful and If you have a court hearing or an Equal Employment Opportunity Community (EEOC) hearing, the “bully” or attorneys representing the bully may attempt to find a way to access your social media to see if they can find “evidence” or posts that could help them “leverage” control over you. For example, if you are pursuing an EEO hearing, you have signed a “statement” that you cannot discuss your case, except with certain professionals. Your case can be thrown out by the EEOC because you “discussed” your case with others that don’t fall under the criteria of the EEOC.
For example, if you are pursuing an EEO hearing, you have signed a “statement” that you cannot discuss your case, except with certain professionals. Your case can be thrown out by the EEOC because you “discussed” your case with others that don’t fall under the criteria of the EEOC.
Don’t beat yourself up if you have made defamatory remarks about a bully. Just be mindful in the future and protect yourself. You never want a bully to hold “power” over you, especially if you can prevent it. Reach out to resources that can help or encourage you. Be mindful of social media groups or any group individuals that focus only on the “negativity” of their situation. Everyone’s story is powerful to them. The caution you must take is to be mindful of each person’s contribution to the group. Are they positive or negative?
It is very cathartic (healing) to share how you feel about your bullying situation. However, some people will not make the effort to improve their situation. They will wallow in their sorrow because they appreciate the “pity” attention they receive. Some of them will complain and spew negativity, but they will do nothing to help themselves become empowered. I think most people want to become empowered and want to know how to stand up to workplace bullying. Pay attention to the people you surround yourself with because their “energy” will rub off on you.
Last, reach out to support groups or create your own ones so you can get the help your need and the support you deserve. Be smart and remember, “You are always on Parade”. You are observed by people who are visible and not visible in your life. The best revenge for workplace bullying is living well and succeeding in life.
If you need help with your own workplace bullying or discrimination matter—you can find resources on my website at www.DawnMarieWestmoreland.com
Workplace Bullying Scare Tactics–Three Tips to Empower You
I talked to a former government employee recently who thought she had “stacked evidence” of disciplinary violations against her from her managers. After talking to this employee, it turns out that her management had set up strategies to scare her as a “whistleblower”. Often times, bully managers will make up “false charges” on an employee to scare them, run them away from their job or discredit them. When you are a conscientious “whistleblower”, you can almost expect retaliation because it exposes the wrong-doer.
Most employees are not HR employees and they don’t know the guidelines, laws, and protocols that support a healthy workplace environment or their rights as an employee. I was smiling on my end of the phone–because everything was handled in a very unprofessional manner from her managers and from an HR perspective–this employee had nothing to worry about in regards to disciplinary action. In fact–she now had my HR advice to support defamation of character on her part and mental/physical harm that has been done to her. It’s nice to “arm” employees and teach them their “rights” so they can stand up to workplace bullying. This employee will be working with an attorney and was feeling more empowered after our session.
So, how do you know how to transmute “false charges”’ against you if you have been bullied in the workplace or you are receiving retaliation because you are a “whistleblower”? Here are three tips:
First, if you know how to research your work’s policies, guidelines, manuals, handbooks etc., start studying them to learn more about your rights. For example, if you work in the Veteran Affairs (VA), you could research the VA’s handbooks and directives by going to http://www.va.gov/vapubs/ or you could research it on the web by looking for information that governs your workplace.
If you work for the Veteran Affairs, you can research disciplinary action for employees. You may find information such as the VA disciplinary table, it falls under VA Handbook 5021/15 and is called “Employee/Management Relations”. Why could this table be important to you? Because it tells you all the disciplinary range of penalties for stated offenses. This is important, because if you have been charged with something that is not on this table, you have knowledge of possibly being falsely charged with an offense.
If you have been falsely charged with an offense that is on this table, you can cite this table and the nature of offense when you work with an attorney, HR expert or another professional. You may be able to use this as proof of bullying or retaliation, especially if you have filed charges against your workplace with the Office of Special Counsel (www.osc.gov) or the Equal Employment Opportunity Commission (www.EEOC.gov).
Second, if you don’t have the time or the energy to do your own research on regulations etc., consider hiring a human resources (HR) professional if you are getting nowhere with your own HR department or there is no HR department where you work. The money you may save by hiring an HR expert could offset the emotional and financial damage of your workplace bullying situation. You can also hire an attorney and I would recommend it if you feel the need to hire a legal expert. Often times, the HR expert will cost less money than an attorney. In addition, they are able to provide an HR technical review of your workplace bullying situation. The HR expert is able to review and analyze the facts and documentation you have in regards to your situation. When I hired my attorney to handle my disability discrimination and retaliation cases, I was able to provide him with great documentation, that ultimately allowed me to settle with the VA and refuse to sign a “gag order” to keep quiet about my story and to help others who deal with workplace bullying.
Third, when you deal with cowardly bullies, they may be desperate to defame you, fire you, or ruin your credibility. It does not matter how strong you think you are—everyone has a breaking point and bullies will do their best to find the weak link in your defenses. It can take a serious toll on your health. It’s important to find avenues of relaxation that resonate with you. You need to focus on everything that is good in your life. When your mind wanders on any negativity, be sure to bring it back to “neutral” or a more positive thought. Our thoughts form our belief system. You are worthy of claiming your “personal power” and having a healthy work environment.
In 2016, I will be traveling across the U.S. and speaking about workplace bullying and empowerment in the workplace. If your organization would like to hire me for speaking, be sure to check out: http://dawnmariewestmoreland.com/speaking
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