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Working Woman's Guide

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Female workers enjoy a unique status in the eyes of the law. As a protected class, you cannot be discriminated against on the basis of your sex or harassed on the job. In many instances, the law requires employers to offer equal pay for similar positions when compared to male counterparts. You are protected against unfair firings and retaliation as a result of becoming pregnant or caring for a newborn child. These are just a few of the many legal protections women possess.

Unfortunately, most women are not aware of these rights and do not know how to use them effectively. As a practicing labor lawyer, I see the mistakes people make. Many don't receive promised benefits, such as year-end bonuses, commissions, health insurance, and overtime pay. Others do not know how to react when asked discriminatory questions at a hiring interview. Still others are fired without cause or notice through no fault of their own and do not know how to successfully negotiate a severance package. Many often make hasty, uninformed decisions.

One of the most frustrating aspects of practicing law is telling a client she waited too long before taking action or that a case could have been worth a great deal of money if the right moves had been made. In fact, millions of dollars are lost each year by female workers who have valid claims, but who fail to take appropriate action.

That is the purpose behind The Working Woman's Legal Survival Guide. Because it is essential to know how to protect your job and livelihood, this book is intended to serve as a visit to a lawyer's office where you will find valuable information, advice, and counsel. Whatever your experience or the type of job or industry you work in, this book offers practical advice and numerous preventive steps to take to avoid problems before being hired, while working, and after a firing or resignation. It was written to give women the edge.I am consulted by hundreds of female clients each year. To make this book relevant and useful, I have addressed specific job issues that pertain primarily and sometimes exclusively to women. Instead of making this book a treatise on general employee rights, I focused my attention on the key topics my female clients typically seek guidance. Consequently, the practical strategies contained in this book cover areas where women are commonly misinformed and exploited, including pregnancy, child care, and maternity issues, discrimination problems, sex harassment, equal pay and overtime issues, part-time positions, and problems affecting consultants and independent contractors.

The idea to write The Working Woman's Legal Survival Guide arose from the strong interest generated by my previous title The Employee Rights Handbook: Answers To Legal Questions From Interview To Pink Slip. As a result of this book I appeared on countless television and radio shows throughout the country to discuss employee rights and spoke to millions of Americans with job problems. It became clear that many female workers do not possess the legal knowledge necessary to protect their rights.

This book contains practical strategies and tips for virtually all the legal decisions you will make concerning a job. It will help you detect problems before they occur and make you aware of the legal consequences of your acts. If litigation becomes necessary, your chances of success and the value of a claim will increase substantially because you will recognize potential exploitation and know what to do about it. For example, the Equal Employment Opportunity Commission recently obtained a $1.185 million settlement in a sexual harassment case on behalf of a group of 10 women who worked for the same company. You will learn what action these women collectively took before filing a claim to preserve and strengthen a case.

These guidelines were written to give you a practicing employment lawyer's guidance when you need it. For example, in addition to knowing the key terms to discuss during employment negotiations, you will learn the proper steps to take if you resign or are fired from your job. I've included strategies to protect on-the-job and post-termination benefits as well as your reputation after a firing. All this information will assist you in anticipating and avoiding legal hassles before they occur.

I have tried to make the text easy to read and often include checklists with suggestions of questions to ask or think about. Where appropriate, I have included sample letters you can send without a lawyer to protect your rights, plus actual agreements and documents used by employment lawyers. The book also contains lists of important public and private agencies, groups, and organizations to contact for additional assistance. The glossary will help you understand the meaning of important legal terms and concepts.

This is a practical easy-to-follow legal guide I've dreamed about writing for women. In the course of writing 14 other legal books mostly dealing with labor subjects, it has become clear that many workers, unlike my business clients, are unable to obtain valuable legal strategies at a low cost. The desire to provide such information for the people who most need it prompted me to write The Working Woman's Legal Survival Guide.

• a company unfairly changes your compensation package
• you receive an unfair performance review or evaluation
• a male with weaker credentials and job performance is promoted to a desired position instead of you
• overtime or a strenuous job you can perform is being offered to males only
• you suspect you are being treated differently after announcing your pregnancy
• you are being retaliated against after notifying your boss about a sex harassment claim

These strategies can help prove your case, protect your job, and increase the value of a claim. If you want to maximize your efforts to collect benefits at an unemployment compensation hearing, Department of Labor or OSHA investigation, small-claims court, mediation, arbitration proceeding, or discrimination trial, information in this book will discuss how.

Numerous cases of women winning large verdicts for sex discrimination have been reported recently. For example, Chevron reportedly agreed to pay more than $8 million to settle a class action filed by 777 female employees who claimed they were discriminated against in terms of pay, promotions and assignments. A New Jersey judge upheld a $7.1 million sex discrimination jury verdict against a company after the plaintiff successfully alleged that senior managers removed her from accounts she had helped build and gave them to male brokers. After 12 years with the company, the woman was accused of poor productivity and fired. The verdict included a $5 million punitive damages award.

Publix reportedly agreed to pay $81.5 million to settle a class action lawsuit by 150,000 women who accused the big grocery chain of relegating them to dead-end, low paying jobs. The settlement applies to all women who worked at any of the 535 Publix stores in Florida, Georgia, South Carolina and Alabama since 1981. The suit was brought in 1995 by eight women who accused Publix of passing them over for raises and repeatedly denying them management jobs. They and four others who quickly joined the case said they watched as men with less experience and less seniority got promotions. Some said their requests were met with unwanted sexual advances from managers. The EEOC later joined the suit, and it was expanded to a class action covering past and current employees.Although the Publix settlement is the largest involving supermarket chains, Lucky Stores allegedly paid $107 million to 14,000 women to settle similar allegations, and Albertson's allegedly paid a $29.4 million settlement to women and Hispanic workers. It was also reported that Safeway Stores settled for $7.5 million in a 1994 sex discrimination suit covering 20,000 employees in California.

$250 million was reportedly paid in 1992 in a suit against State Farm for a class of women who said they were denied or deterred from positions as insurance agents. And Home Depot faces a similar challenge from more than 200,000 current and former female employees who filed a class action lawsuit claiming the company's personnel structure is set up to limit their access to sales jobs, supervisor and manager positions. The lawsuit claims women are placed in positions with fewer opportunities while men are given jobs with greater advancement potential. The suit also alleges a pattern of sexual harassment and unequal pay. The case is currently proceeding to a jury trial.I have provided you with all the practical information my clients receive, at a fraction of the cost. Keep this guide in an accessible place and refer to it before a matter arises. For example, read the applicable sections before negotiating the terms of an employment agreement. Examine and use the valuable sample forms, agreements, and sample letters to gain insights into protecting or strengthening your position. It's that simple.

The benefits of applying this information can be significant, as the following true case demonstrates:

A client recently heard me discuss the subject of employee rights on a national television show. She came to my New York City law office for a consultation. After working many years, she told me she was suddenly fired from a prestigious job with little prospect of obtaining immediate employment at her previous rate of pay. Based on something she heard me say, she believed she had been treated unfairly. After investigating the facts, I determined that although my client had been fired legally, the severance package offered to her (one week per year) was inadequate based on industry standards and offers made to comparable terminated male executives at her company.
I was hired and contacted the ex-employer. Almost immediately, the company offered an enhanced package, including paid outplacement services, extended medical benefits, $85,000 more in additional severance (equivalent to three weeks of severance per year of employment), and a favorable letter of reference. I later learned that the client initially did not think she had a case and was prepared to accept the company's offer and go away meekly after being fired. Fortunately, she saw me on television and that made all the difference.

The experience of this woman is not unique. Although no one should take a job expecting the worst, this book can help you recover money for your efforts when you have been wronged. I have tried to reduce complicated court rulings, regulations, and labor laws to simple strategies you can understand and follow. Knowledge is power. That is the concept behind The Working Woman's Legal Survival Guide. Knowing your job rights as a woman in all phases of your working career can enhance and protect you and your family. Thus, know the law, and above all, good luck!

Steven Mitchell Sack, Esq.
New York City