Employee Survival Guide®

40 Episodes
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By: Mark Carey | Employment Lawyer & Employee Advocate

The Employee Survival Guide® is the no-nonsense employment law podcast made exclusively for employees. After 200+ episodes, we deliver the straight talk your employer and HR don’t want you to hear — covering every work and career issue that actually matters. Hosted and produced by Mark Carey, a veteran employment lawyer with 29 years of experience who has litigated hundreds of cases — including class actions — in state and federal courts nationwide. Mark cuts through the BS with blunt, practical advice, always presenting both sides so you can make informed decisions. This podcast is also about your employment story and other courageous employees who have s...

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Religion, Harassment, And The Workplace Line: Brown v. Alaska Airlines
#116
Yesterday at 9:00 PM

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A single comment on a company intranet can feel like a private thought. In reality, it’s a broadcast to thousands, permanently logged, and interpreted through strict workplace harassment policies. We dig into Brown v Alaska Airlines, Inc., a Ninth Circuit case that asks what happens when an employer invites employees to “bring their authentic selves” into a debate about the Equality Act, then responds with swift terminations when the discussion turns religious, political, and personal.

We walk through the timeline: the Equality Act announcement, the contrasting posts from two flight attend...


The HR Mirage: Fortmann v. St. John's University
#115
Last Monday at 6:00 PM

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You do everything you’re told to do. You document the harassment. You report it to HR. You keep showing up and trying to be “professional.” Then a judge agrees the allegations are severe and still throws out major parts of your case because the paperwork wasn’t perfect. That’s the stomach-dropping reality we dig into as we break down a 2026 federal court memorandum involving St. John’s University, a department chair, and two employees caught in a system that rewards technical compliance over human safety.

We walk through the alleged reta...


How A Strong Retaliation Case Gets Dismissed: Iris Calderon v. The Trustees of Columbia University
#114
Last Monday at 4:00 PM

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Your case can be strong on the facts and still lose on paperwork. We unpack a 2026 federal court opinion involving a veteran Columbia University employee who alleges disability accommodation failures, age stereotyping, escalating retaliation, and a shocking workplace violation: her locked desk allegedly gets forced open and personal items removed, followed quickly by a demotion, loss of duties, relocation, and a pay cut. The timeline matters, but the legal traps matter just as much.

We break down the rules that decide whether a judge will even hear the merits. That includes...


The PIP Is A Paper Trail: They Are Not Coaching You, They Are Documenting Your End
#112
09/29/2026

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Are you facing a Performance Improvement Plan (PIP) at work? You’re not alone, and you might be surprised to learn that this seemingly innocuous document is often a hidden precursor to termination rather than a genuine opportunity for growth. In the latest episode of the Employee Survival Guide®, Mark Carey draws from his 30 years of experience to unravel the truth behind PIPs and how they can affect your career, job security, and overall work experience. 

Mark argues that PIPs are frequently misunderstood and misused, serving more as a tool for docu...


That Severance Package Is the Price of Your Lawsuit
#113
09/29/2026

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Have you ever wondered what your severance package really means and what it reveals about your employer's true intentions? Join Mark Carey in this eye-opening episode of the Employee Survival Guide® as he unpacks the critical nuances surrounding severance packages, exposing them as strategic maneuvers rather than mere acts of generosity. Discover how severance checks are often designed to buy a release from potential legal claims, shedding light on the often-overlooked motivations behind these offers. Mark dives deep into the concept of at-will employment, illustrating how this legal framework allows employers to terminate e...


The Corporate Push-Out Playbook- Race Discrimination: Cho v. Tourneau Bucherer
#110
09/29/2026

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Have you ever felt the weight of discrimination in the workplace, wondering how to navigate the murky waters of race discrimination and retaliation? Join Mark Carey and his co-host as they dissect the compelling case of Ma Galinda Cho versus Torneau, an eye-opening exploration of employment discrimination that reveals the harsh realities many employees face. Ma Galinda, a talented Filipino immigrant, thrived in her role at a luxury watch store until a new manager's arrival turned her workplace into a hostile environment. This episode dives deep into the tactics employers often employ to...


When Work Turns On You and Your Cancer: Owoyemi v. DB USA Core Corp.
#111
09/29/2026

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What happens when corporate loyalty turns into a loyalty trap, especially when your health (Cancer) is on the line? In this gripping episode of Employee Survival Guide®, Mark Carey and his co-host delve into the harrowing case of Oladokun Owoyemi, a former Deutsche Bank employee who faced severe discrimination and retaliation after being diagnosed with cancer. As we peel back the layers of this alarming story, we reveal how high-performing employees often find themselves ensnared in the illusion of corporate loyalty, believing their hard work and dedication will safeguard them in t...


News Anchor Fired During Cancer Treatment: Lia Lando v. Scripps Media
#109
09/29/2026

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What happens when a dream job turns into a nightmare after a cancer diagnosis? Join Mark Carey and his co-host as they unravel the shocking case of Leah Lando, a veteran news anchor who faced brutal discrimination and retaliation while undergoing cancer treatment. Leah's story is not just a personal battle; it highlights a toxic work culture that can exist in even the most prestigious organizations. After being heavily recruited by Scripps Media, Leah uprooted her life for what she thought was a golden opportunity, only to find herself in a hostile work...


The Million Dollar Pregnancy Discrimination Verdict Mirage: Guerrero v. Constellation Health Services
#108
09/29/2026

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What happens when a million-dollar verdict for pregnancy discrimination gets slashed to a mere fraction of its original value? In this riveting episode of the Employee Survival Guide®, Mark Carey takes you behind the scenes of the landmark case involving Jennifer Guerrero and Constellation Health Services, LLC. This episode is a must-listen for anyone navigating the complex world of employment law, especially when it comes to understanding the nuances of pregnancy discrimination. Guerrero's story is not just about a legal battle; it’s a profound lesson in employee rights, workplace culture, and the oft...


Rigged Performance Reviews: Molosky v. Amazon Web Services
#107
09/28/2026

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What happens when a high-performing woman in tech is told to 'lean back' while her male colleagues take the reins? In this gripping episode of the Employee Survival Guide®, Mark Carey and his co-host unravel the shocking legal battle of Anna Malosky against Amazon Web Services (AWS), where allegations of a toxic bro culture and rampant gender discrimination take center stage. Despite her stellar credentials and the ability to generate hundreds of millions in revenue for AWS, Malosky’s journey is marred by systemic bias and a hostile work environment fueled by discriminatory pra...


Know Your Rights: Retaliation At Work
#106
08/28/2026

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Have you ever felt the chilling effects of workplace retaliation? You're not alone, and it's time to break the silence! In this eye-opening episode of Employee Survival Guide®, Mark Carey delves deep into the insidious world of retaliation at work, shedding light on what it truly means for employees who dare to speak out against wrongdoing. Retaliation can take many forms, from overt actions like firing to more covert behaviors such as exclusion from meetings or unwarranted criticism. Understanding these nuances is crucial for every employee navigating their career. 

Mark passionately ou...


The Employee Survival Guide Podcast is a Tool- Use The Podcast As A Workplace Weapon
#105
08/20/2026

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Are you truly aware of your rights as an employee? In the latest episode of the Employee Survival Guide®, Mark Carey sheds light on how you can leverage this podcast as a powerful tool to navigate the increasingly complex landscape of workplace challenges. This podcast isn’t just a series of discussions; it’s a comprehensive library filled with real-life case stories and practical advice aimed at empowering you with the knowledge you need to tackle issues like discrimination, retaliation, and even hostile work environments. 

Mark dives deep into the two distin...


Retirement Talk That Gets You Fired: Castelluccio v. IBM
#104
08/14/2026

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Are you aware that age discrimination can manifest in subtle yet damaging ways that can jeopardize your career? In this enlightening episode of the Employee Survival Guide®, Mark Carey dives deep into the landmark case of Castelluccio v. IBM, shedding light on the pervasive issue of age discrimination in the workplace, particularly as it relates to retirement. With a corporate culture that often prioritizes youth, older employees face unique challenges that can lead to a hostile work environment and even wrongful termination. Retirement planning has never been worse.

Join Mark and h...


Age Discrimination and Asking About Retirement: Sloat v. Hewlett Packard
#103
08/14/2026

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What happens when a high-performing employee faces abrupt changes in their career due to age discrimination? Is illegal to ask about your retirement plans? In this riveting episode of the Employee Survival Guide®, Mark Carey dives deep into a compelling legal battle that exposes the harsh realities of workplace discrimination and the unpredictability of the legal system. The case of Robert Sloat vs. Hewlett-Packard (HP) serves as a cautionary tale for employees navigating the treacherous waters of corporate hierarchies, especially as they approach retirement. Sloat's journey reveals how even the most documented claims c...


The Gender Pay Gap Behind Vassar & $5 Million Settlement: Graham v. Vassar College
#102
08/12/2026

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What happens when an institution renowned for championing women's rights is found guilty of perpetuating a staggering pay gap among its female faculty? Join Mark Carey in this eye-opening episode of Employee Survival Guide® as he delves into the shocking class action settlement involving Vassar College and the systemic gender pay gap that has persisted for decades. Despite its progressive branding and founding mission to promote women's education, Vassar's internal data reveals a troubling reality: a widening gender pay gap that contradicts its very ethos. This episode is not just about numbers; it's a...


How One Sexual Harassment Claim Can Void Forced Arbitration: Randi Bruce v. Adams & Reese, LLP
#101
08/11/2026

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What if a single word could change the way employees confront sexual harassment and workplace disputes forever? Join Mark Carey in this riveting episode of the Employee Survival Guide® as he dives deep into the landmark legal case of Randi Marie Bruce v. Adams and Reese, LOP. This case is not just about one employee's fight for justice; it’s a reflection of the seismic shifts happening in employment law, particularly with the recent Act Ending Forced Arbitration (EFAA). 

Have you ever felt trapped by arbitration clauses hidden in your onboarding pape...


Sexually Explicit Digital Footprints OnlyFans and Fetlife At Work: Crisp v. Scioto Ambulance District
#100
08/11/2026

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Have you ever considered how your online persona could be weaponized against you in the workplace? In this eye-opening episode of the Employee Survival Guide®, Mark Carey delves into the shocking reality of employees using socially shared sexually explicit information to create a hostile work environment. The discussion centers around the troubling legal case of Gertrude Crisp v. Scioto Ambulance District, where Crisp faced severe repercussions for attempting to protect her colleagues from a known workplace predator by sharing sexually explicit images. This episode serves as a powerful reminder of the complexities surrounding w...


Sexual Harassment, Age Discrimination & Retaliation: Pannek v. U.S. Bank
#99
08/11/2026

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Have you ever witnessed a corporate power struggle so bizarre it defies belief? Join Mark Carey and a panel of employment attorneys as they dissect the jaw-dropping case of Panic v. U. S. Bank, where a senior banking executive's outrageous antics—like clucking like a chicken to coerce a subordinate into a gambling bet—sparked a major lawsuit. This episode of the Employee Survival Guide® dives headfirst into the chaotic world of corporate dynamics, revealing how age discrimination, harassment complaints, and irrational behaviors can collide in high-stakes environments. 


A...


Long Term Disability Win: O’Connor v. Salesforce -Metropolitan Life Insurance Co.
#98
08/10/2026

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What happens when invisible disabilities collide with corporate policies? Join Mark Carey and his insightful guest as they unravel the gripping case of Cheryl O'Connor versus Metropolitan Life Insurance Company, shedding light on the often-overlooked struggles of employees grappling with long term disability. Cheryl's sudden hearing loss and the cognitive overload that ensued left her unable to fulfill her role as a senior director at Salesforce, exposing the inadequacies of corporate insurance evaluations that rely on outdated metrics. 

This episode goes beyond the surface, diving deep into the systemic issues within t...


Motherhood Penalty: Pregnant Mothers Shouldn’t Have to Choose Between Their Job and Their Child
#97
08/10/2026

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Did you know that mothers in the workplace often face a hidden but significant barrier known as the motherhood penalty? In this enlightening episode of the Employee Survival Guide®, Mark Carey dives deep into the essential rights of pregnant mothers and nursing employees, shedding light on the critical importance of the PUMP Act and the Pregnant Workers Fairness Act. These vital laws are designed to provide necessary protections and reasonable accommodations for mothers during pregnancy, childbirth, and postpartum recovery. However, Carey argues that these legal frameworks are just the bare minimum; t...


Invisible Disabilities At Work: Legal Considerations
#96
08/10/2026

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What if the person sitting next to you at work is battling an invisible disability that you can't see? In this enlightening episode of the Employee Survival Guide®, Mark Carey dives deep into the often-overlooked realities of visible and invisible disabilities in the workplace. With the protections of the Americans with Disabilities Act (ADA) at the forefront, he sheds light on how employees can advocate for their rights while navigating the complexities of disability disclosure and reasonable accommodations. Did you know that a staggering number of employees choose not to disclose their disabilities d...


Pleading Discrimination: Soysal v. County of Santa Cruz
#95
08/07/2026

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Have you ever felt that your workplace mistreatment was so egregious that it should be legally actionable as discrimination, only to discover the harsh reality of legal definitions? Join Mark Carey and his insightful guest in this eye-opening episode of the Employee Survival Guide®, where they dive deep into the complexities of discrimination claims, particularly through the lens of the pivotal case Soysal v. County of Santa Cruz. This episode unpacks the sobering disconnect between emotional narratives of discrimination and the rigid legal frameworks that govern them. Despite substantial evidence of workplace injustice, t...


Disability Discrimination & Accommodation: Raymond v. 1199 SEIU National Benefit Fund
#94
08/03/2026

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What happens when your physical limitations clash with corporate policies? In this eye-opening episode of the Employee Survival Guide®, Mark Carey and his co-host delve deep into the complexities of workplace accommodations through the lens of the landmark legal case, Raymond v. 1199 SEIU National Benefit Fund. This riveting discussion unpacks the murky waters of employment law, particularly where the intersection of physical trauma, chronic pain, and the often rigid corporate policies create a hostile work environment for employees seeking reasonable accommodations. 

Join us as we explore four crucial takeaways that every em...


The Trader Who Took On UBS: The Tom Hayes Saga Continues
#93
07/21/2026

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What happens when a corporation decides to sacrifice an individual to save its own skin? This episode of Employee Survival Guide® dives deep into the gripping legal saga of Tom Hayes, the former UBS trader who found himself at the center of a scandal that rocked the financial world. After serving five years in prison for allegedly manipulating LIBOR rates, Hayes is now fighting back, suing UBS for malicious prosecution. He argues that the banking giant scapegoated him to deflect blame and protect its executives, raising critical questions about corporate accountability and the e...


Employee Survival Guide AI: An Invaluable Tool for Every Employment Issue
#92
07/12/2026

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Your boss slides over a severance agreement and says you have 24 hours to sign. Your heart rate spikes, your mind goes blank, and you suddenly realize you don’t need “more content” you need the right answer right now. We dig into a new tool designed for exactly that moment: the Employee Survival Guide AI (https://markx4umtq.customgpt-agents.com), built to help you navigate severance, discrimination questions, and accommodation requests without drowning in information overload.

We talk through what makes this different from a generic chatbot. The big point is trust...


Disability Discrimination: Lisa Menninger v. PPD: $24 Million Verdict
#91
07/09/2026

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One email can change everything, especially when it’s a disability disclosure. We dig into the real-world chain reaction that follows when a top-performing executive director running global laboratories is told her job must become “more visible” and she explains that severe anxiety, panic disorder with agoraphobia, and social anxiety make constant presentations, client dinners, and heavy social interaction a medical minefield.

We walk through the ADA reasonable accommodation framework in plain English: what the interactive process is supposed to look like, why “essential functions” are the battleground, and how HR documentat...


Freedom of Speech Public Employment: Jensen Arocho-Rodriguez v. Concepcion
#89
07/09/2026

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What happens when freedom of speech collides with the harsh realities of workplace politics? Join Mark Carey and his co-hosts in this riveting episode of the Employee Survival Guide®, as they dissect the intricate legal battle of Arocho-Rodriguez versus Concepcion—a case that reveals the chilling consequences of political retaliation and freedom of speech in the workplace. Rodriguez, a dedicated municipal employee, found himself the target of severe workplace bullying and ultimately faced a lockout after a political shift left him vulnerable. Despite a compelling narrative of retaliation, a federal judge dismissed his cas...


Religious Discrimination: Tomaselli v. Hasbro Inc.
#90
07/09/2026

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You follow the rules, go to HR, and file a sensitive request for a religious accommodation. Then your badge stops working and a formal investigation appears out of nowhere. That’s the opening puzzle we use to examine a high-stakes federal lawsuit brought by two former Hasbro managers who say their COVID-19 vaccine mandate exemption requests set off a chain reaction that looked like retaliation, not routine compliance. 

We walk through the timeline allegations in detail, from the exemption language grounded in sincerely held religious beliefs to the company’s response, inclu...


Race and Retaliation Discrimination: Tevin Cagle v. Duro-Helix Poly LLC
#88
07/05/2026

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What happens when the very workplace meant to empower employees becomes a battleground of discrimination and hostility? In this gripping episode of Employee Survival Guide®, Mark Carey unpacks the harrowing federal lawsuit against Duro Hilex Poly LLC, where two Black employees, Tevin Cagle and Gerald Robinson, allege a toxic work culture rife with discrimination, retaliation, and a shocking failure to accommodate their disabilities. This episode dives deep into the complexities of race discrimination and the real-life implications of a hostile work environment as we explore the unique challenges faced by these plaintiffs. 

...


When Medical Leave Triggers A Layoff: Gary T. Ramadie v. Radial USA Inc.
#87
07/05/2026

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What happens when a dedicated employee, after over three decades of service, faces termination just as he recovers from a life-threatening medical condition? Join us in this gripping episode of the Employee Survival Guide® as Mark Carey delves into the legal intricacies of the case of Gary Ramaday versus Radial USA, Inc. This compelling narrative not only examines the harsh realities of corporate layoffs during a pandemic but also shines a light on critical issues surrounding medical leave, employee rights, and the ethical obligations of employers. 

As we dissect th...


Unenforceable Noncompete Agreement: Japanese Medical Care PLLC v. Tamba
#86
06/12/2026

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What happens when top talent leaves a company with a noncompete agreement to start a rival business just steps away? Dive into the riveting world of noncompete agreements with host Mark Carey and his co-host as they unravel the complex legal battle surrounding J-Medical, a Manhattan medical practice embroiled in a fierce dispute over unpaid fees and restrictive covenants. This episode of the Employee Survival Guide® is not just about legal jargon; it’s a crucial conversation about employee rights, corporate espionage, and the shifting landscape of employment law. 

As t...


Noncompetition Agreement: Reif v. CyberRisk Alliance
#85
06/11/2026

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What happens when a noncompetition agreement stands in the way of an employee's right to earn a living? Join Mark Carey and his co-host as they unravel the gripping legal saga of Alex Rafe, a corporate executive caught in a storm of controversy after his termination from Cyber Risk Alliance (CRA). This episode of the Employee Survival Guide® dives deep into the murky waters of employment law, exploring how a seemingly standard noncompete agreement can become a weapon in the hands of employers, potentially stifling careers and undermining employee rights. 

As we...


Proving Race Discrimination In Federal Court: Amanda Brooks v. Bright Horizons
#83
06/10/2026

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What happens when an employee with a stellar track record faces race discrimination in the workplace? Join Mark Carey and his guest as they unravel the intricacies of proving workplace discrimination in federal court, spotlighting the compelling case of Amanda Brooks against Bright Horizons. This episode of Employee Survival Guide® dives deep into the misbelief that a strong case—complete with documented successes and witnesses—ensures protection from race discrimination. Discover how subjective interpretations and legal traps can derail even the most competent employees, leaving them vulnerable in a hostile work envir...


Constructive Discharge Explained: Lauren Landolph v. Zydus Pharmaceuticals
#84
06/10/2026

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Have you ever felt that your hard work and achievements were overshadowed by systemic bias in the workplace? Join Mark Carey in this gripping episode of the Employee Survival Guide® as he delves into the troubling case of Lauren Landhoff against Zytus Pharmaceuticals, a stark illustration of constructive discharge and the insidious nature of gender discrimination in corporate America. Lauren, a talented executive who built a thriving business division from the ground up, found herself facing exclusion from leadership roles despite her undeniable success. This episode unpacks the layers of discrimination that often l...


Nuclear Verdicts Jury Awards in Employment Cases: Why Employers' Litigation Exposure Is Rising
#82
06/08/2026

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Have you ever wondered how a single jury award can shatter a company's financial stability? In this eye-opening episode of Employee Survival Guide®, Mark Carey dives deep into the alarming rise of 'nuclear verdicts' in employment litigation, where jury awards can soar beyond $10 million. As the landscape of employment law evolves, understanding these staggering jury awards becomes crucial for both employers and employees alike.

Mark sheds light on the factors fueling these nuclear verdicts, from jury anger over perceived injustice to the pressing call for corporate accountability. With the g...


Performance or Disability Discrimination? The Emerging Pattern Highlighted in Walsh v. Fitch Solutions
#81
06/04/2026

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What happens when workplace performance issues collide with medical conditions? The implications can be staggering, especially when it comes to disability discrimination. In this eye-opening episode of the Employee Survival Guide®, Mark Carey delves into the complex interplay between employee performance and health challenges, using the landmark case of Walsh v. Fitch Solutions, Inc. as a pivotal example. This case serves as a cautionary tale, revealing how management changes and work environment shifts can lead to performance problems that may actually be rooted in underlying medical conditions.

Carey argues t...


Montana Is Not At-Will: Cowger v. Signal Peak Energy
#80
06/04/2026

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What happens when a workplace incident spirals into a web of silence and intimidation? This case is not about employment at-will. Join Mark Carey and his co-host in this gripping episode of the Employee Survival Guide® as they dive deep into a shocking case from the Signal Peak Energy Coal Mine in Montana. In September 2019, longwall coordinator Justin Cowger faced a life-altering injury during a cave-in, but instead of receiving the help he desperately needed, he encountered a hostile work environment where management chose to cover up the incident and threaten their employees i...


Montana’s For Cause Firing Rule: Eaton v. Montana Silversmiths
06/04/2026

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What happens when an employee stands up against discrimination, only to find themselves facing wrongful termination? Join us as we uncover the intricate world of employment law in Montana, where the rules around termination for cause are different from most states. In this episode of the Employee Survival Guide®, Mark Carey, a seasoned employment attorney, takes you on a journey through the complexities of the Wrongful Discharge from Employment Act (WDEA). Unlike the at-will employment doctrine that dominates the landscape in the U. S. , Montana mandates that employers must have good cause for t...


Fired After Asking For Flex Time & FMLA: Joanne Kim v. Regeneron Pharmaceuticals, Inc.
#78
05/31/2026

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Have you ever wondered how a simple request for flexible work hours could lead to wrongful termination? In this gripping episode of Employee Survival Guide®, host Mark Carey dives deep into the harrowing story of Joanne Kim, a high-performing employee at Regeneron Pharmaceuticals, who faced devastating repercussions after seeking FMLA leave during a family crisis. This episode is not just a tale of one employee’s struggle; it’s a crucial examination of employment law, particularly the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). 

Join Mark a...


Gender Discrimination: Jennifer Palmer v. eCapital Corp.
#77
05/31/2026

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What happens when the only female CEO in a male-dominated industry faces allegations of gender discrimination and retaliation? Join Mark Carey and his co-host as they unravel the compelling case of Palmer v. Capitol Corp., where Jennifer Palmer, a trailblazer in the financial services sector, confronts the harsh realities of workplace dynamics and corporate governance. 

This episode of the Employee Survival Guide® dives deep into the intricate layers of employment law, exploring the nuances of discrimination in the workplace. With Palmer's remarkable rise during the pandemic and her subsequent claims of ge...