Employee Rights v. Workplace Wrongs was a weekly internet radio show hosted by Randy A. Fleischer on VoiceAmerica.com in the spring of 2002. Each show was broadcast live over the internet and rebroadcast 12 hours later.

Each hour long show featured discussions about different aspects of the legal rights employees have in the workplace. Most employees have very few rights and the ability to achieve remedies for violations of the laws by employers is fraught with legal obstacles. In this continuing and pervasive battle of Davids and Goliaths, the employee is outgunned, out resourced and outspent by sophisticated corporations who have been writing the laws that keep workers oppressed. These shows provide real life insights into how the laws work, how to work within those laws to the individual's benefit and reviews real life horror stories through interesting and provocative cases that bring to light sensational facts with Judges that often care more about clearing their calendars than providing real remedies to real people.

Here are summaries of each show:

1. Strategies for dealing with problems in the workplace

When to decide to take action against bias managers, complain about and how to deal with retaliation. How to contact Human Resources, what to tell them, and how to get action from the employer are discussed. EEOC Vice Chair Paul Igasaki was interviewed from Washington DC., and discussed how to file an EEOC complaint and reviewed the EEOC investigative process.

2. At will employment

Everything you should know about your lack of rights in the workplace as an employee at will.

Without an employment contract, a union collective bargaining agreement or certain government employment, you are employed at the will of the employer and can be fired without notice, good cause or any explanation whatsoever. Discussion included a review of bad caselaw with horrific facts showing your lack of rights in the workplace. Disciplinary actions, step discipline and employee handbooks were reviewed with Law Professor Emeritus Ross Runkel of Oregon.

3. Losing your job without losing your house. - Severance Agreements

As companies are reducing their workforces, more are offering severance agreements to terminated employees. Discussion of severance agreements, what's in them, what dangers to look out for and strategies for negotiating better severance agreements is the topic. Several very nasty severance agreement were reviewed to show the impact of signing an agreement without legal review.

4. The Crippling of the Americans with Disabilities Act

Discussion of the ADA, Congressional intent, definition of disability and how the S.Ct.'s recent decisions have so narrowed the act that it covers no one. (Subject of my editorial reply in Miami Herald January 25, 2002, page 6B). Guest Joyce Glucksman of Atlanta, paraplegic discrimination lawyer. Review of some horrendous ADA decisions, including one where Randy Fleischer was counsel in a 2000 11th Circuit appeal in which the Appellate Court ruled you are not disabled from performing manual tasks unless you have the equivalent of a missing limb.

5. Proving Intentional Discrimination

Discussion of various discrimination laws, Title VII, ADEA, and the difficulty of proving intentional discrimination to a disinterested court. Discussion of the percentage of plaintiff victories, appeals etc were discussed as well as the importance of settling cases. Discussion of direct evidence of discrimination reviewed dismissed cases that most people would agree includes direct evidence of racial bias.

6. Too sick to work!

The Family and Medical Leave act is the topic. Your rights under the FMLA, how to request leave, when are you eligible, when you are covered for caring for a sick family member are discussed. What remedies you have under the law are discussed with Attorney Ron Schwartz of Chicago.

7. Mandatory Arbitration Agreements

More companies are rolling out mandatory arbitration plans that force employees to waive their civil rights to a civil trial. How to deal with the agreements when they are presented and the legal implications of entering such agreements are discussed. Review of cases where mandatory arbitration agreements were enforced are reviewed. Attorney Cliff Polesky from San Francisco, a leading opponent of mandatory arbitration agreements is the guest.

8. Are you on Drugs?

Drug testing in the workplace will be discussed. The constitutionality and history of drug testing, when you can be tested, the requirements for testing, how to challenge and appeal the test are discussed with ACLU Attorney Ephaim Hess of Ft. Lauderdale.

9. Racial Discrimination in the Workplace

Discussion of the persistence of racial discrimination, how it is manifested, how it is hidden, strategies employers take to fight the appearance of discrimination, why it persists and what to do to combat discrimination. The Union Steward from the City of Ft Lauderdale Elgin Jones who recently won a cause decision from the EEOC is the guest.

10. Privacy in the Workplace - Who's workspace is this?

The monitoring and investigation of e-mails, telephone conversations, web surfing, audio and video surveilance are becoming more prevalent in the corporate culture. Discussion of your legal rights, or lack thereof, and what steps can be taken to insure privacy or what you should know about the boss' request to check into what you thought were private communications. The founder of NELA, Attorney Paul Tobias from Cincinnati Ohio a legal expert on workplace privacy was the guest.

11. The Necessity of Politics for the Worker and Why Discrimination Persists

This is a truly provocative hour that explains my views of discrimination from the street, the legislature and the federal bench. The need for legislative change and the importance of getting involved in the political process are discussed as well as my own explanation on why discrimination persists. Political discussion of how the administration has removed workers rights and why knowing your political candidates and voting is so crucial. I also review a graphic case of on-going rape in the workplace and how poorly the laws and courts protect victims who are literally raped at work.

12. Gender Discrimination

Does the glass ceiling continue to prevent qualified woman from promotion to higher positions? Does pregnancy discrimination still exist? How are the Courts enforcing gender discrimination and sexual harassment laws is discussed with Attorney Janice Goodman of New York.

13. Workers Compensation

Congressman Alcee Hastings called in to this show to discuss discrimination as viewed from the Federal Bench and from the Halls of Congress. The rest of the show discusses Worker's Compensation, its origins, how to apply for workers compensation, litigating those cases and what to look out for with problem employers who do not want to inform you of your coverage rights. Attorney Joan Dymond Hornstein, a workers compensation attorney in Davie Florida was the guest.

14. Taxation of Discrimination Awards

When are discrimination awards taxable. The IRS a few years ago changed the tax laws so that discrimination awards, even atty fees, are taxable to the Plaintiff unless there are physical injuries. Efforts to reform the tax laws in Congrees, including a review of pending legislation will be discussed. Guest - Paula Branter of Workplace Fairness - lobbying for new law on behalf of NELA. Review of S.Ct. FARAGHER decision in which Faragher received no money damages after winning a sexual harassment case on the Boca Raton Beach, but might be taxed on hundreds of thousands in attorney fees her counsel collected for winning in the S.Ct.

For more information and background on VoiceAmerica.com go to http://www.voiceamerica.com