Employee Survival Guide®

Hosted by Mark Carey | Employment Lawyer & Employee Advocate

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Episodes

238

Latest episode

Jun 2026

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EN-US

About the show

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 spoken out about their employers. If you work for a living, this is your podcast. Subscribe to our employee podcast show in your favorite podcast app including Apple Podcasts and Spotify . You can also subscribe to our feed via RSS or XML. If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook , X and LinkedIn . We would really appreciate if you could leave a review of this employee podcast on your favorite podcast player such as Apple Podcasts and Spotify . Thank you! For more information, please contact Carey & Associates, P.C. at 203-255-4150 , or email at info@capclaw.com . Also go to our website EmployeeSurvival.com for more helpful information about work and working.

Listen to episodes

60 recent

June 12, 2026Episode 8621 min

Unenforceable Noncompete Agreement: Japanese Medical Care PLLC v. Tamba

Comment on the Show by Sending Mark a Text Message.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 the timeline unfolds, listeners will discover the intricacies of the partnership between DYM America and J-Medical, the financial tensions that erupted into a courtroom showdown, and the landmark ruling that challenged the enforcement of noncompete agreements. The implications of this case extend far beyond one medical practice; they touch on vital issues such as workplace discrimination, employee empowerment, and the evolving nature of work in a post-pandemic world. Carey and his co-host delve deep into the importance of understanding employment contracts, highlighting the potential pitfalls of severance negotiations and the necessity for businesses to safeguard their proprietary information. As courts increasingly invalidate noncompete agreements, what does this mean for the future of work? How should employers adapt their strategies to engage with a workforce that is more informed and empowered than ever before? This episode is packed with insights that every employee and employer should hear. From navigating employment law issues to understanding your rights in a hostile work environment, we provide the tools and knowledge you need to thrive in today’s competitive job market. Whether you’re dealing with workplace harassment, negotiating a severance package, or simply trying to understand your employment rights, this episode is your guide to survival. Join us for an enlightening discussion that challenges the status quo and empowers you to take control of your career. Tune in to the Employee Survival Guide® and equip yourself with the knowledge to navigate the complexities of employment law, workplace dynamics, and the ever-evolving landscape of noncompete agreements. Your career survival depends on it! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 11, 2026Episode 8538 min

Noncompetition Agreement: Reif v. CyberRisk Alliance

Comment on the Show by Sending Mark a Text Message.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 dissect the bizarre circumstances surrounding Rafe's firing—timed suspiciously close to his opportunity to earn significant commissions—we examine the implications of restrictive employment contracts that can leave employees vulnerable and confused. The conversation moves through the critical legal documents of the case, including a civil complaint and a judge's emergency injunction decision, shedding light on the often-overlooked nuances of noncompetition agreements. Are these agreements a necessary tool for protecting trade secrets, or do they serve to discriminate against hardworking employees seeking to advance their careers? Our hosts tackle the tension between corporate interests and the fundamental rights of employees, delving into the broader implications of employment contracts and the ownership of professional relationships. This episode is not just about one man's fight; it's a cautionary tale for all employees navigating the complex landscape of corporate legal structures. With discussions on severance negotiation, workplace culture, and the challenges of remote work, this episode is packed with insights that empower employees to advocate for their rights and understand the often convoluted employment law issues they face. Whether you're dealing with workplace discrimination, hostile environments, or simply trying to make sense of your employment contract, this episode of the Employee Survival Guide® is your essential resource for navigating the pitfalls of the corporate world. Join us for a thought-provoking exploration of the legal battles that can shape careers and the strategies employees can employ to survive and thrive in the workplace. Tune in and equip yourself with the knowledge to stand up against unfair practices and advocate for your rights in the face of daunting employment law challenges. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 10, 2026Episode 8421 min

Constructive Discharge Explained: Lauren Landolph v. Zydus Pharmaceuticals

Comment on the Show by Sending Mark a Text Message.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 lurk beneath the surface of a seemingly meritocratic environment. Mark and his co-host dissect the details of Lauren's lawsuit, revealing how her value was systematically undermined by male executives who resorted to derogatory comments and exclusionary practices. The discussion raises critical questions about the role of human resources, often seen as protectors of corporate interests rather than champions of employee rights. The narrative serves as a wake-up call for anyone navigating the complexities of employment law, especially those facing hostile work environments, retaliation, or discrimination of any kind. Throughout the episode, listeners will gain valuable insights into the importance of documenting workplace interactions and creating a paper trail, especially when dealing with employment disputes. The conversation emphasizes the necessity for employees to advocate for themselves, understand their rights, and recognize the signs of systemic bias that can lead to constructive discharge. With a focus on employee empowerment, this episode equips you with the tools to navigate your career with confidence, whether you're negotiating severance packages, facing performance reviews, or dealing with workplace bullies. As we explore Lauren's story, we also touch on broader themes of workplace culture, gender discrimination, and the challenges women face in leadership roles. This episode is not just about one individual's struggle; it's a rallying cry for all employees to stand up against discrimination and advocate for a more equitable work environment. Join us as we break down the barriers of silence surrounding these issues and provide actionable strategies for survival in today's corporate landscape. Don't miss this enlightening discussion that promises to inspire change and equip you with essential knowledge for your career journey. Tune in to the Employee Survival Guide® and empower yourself with the insights you need to thrive in a world where constructive discharge and discrimination still exist. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 10, 2026Episode 8357 min

Proving Race Discrimination In Federal Court: Amanda Brooks v. Bright Horizons

Comment on the Show by Sending Mark a Text Message.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 environment.Amanda's journey is a powerful testament to the challenges employees face when asserting their rights against discrimination. With impressive qualifications and a successful career as a director, Amanda found herself navigating the treacherous waters of workplace dynamics after a management change led to her differential treatment and eventual termination. The discussion meticulously breaks down the timeline of Amanda's employment, the specific allegations she raised, and the legal mechanisms that allowed courts to dismiss her claims. Even in the face of overwhelming evidence, the complexities of employment law can leave employees feeling powerless.As the conversation unfolds, the hosts emphasize the importance of context in legal battles and the uphill struggle employees encounter when fighting against race discrimination and other forms of discrimination in the workplace. The episode culminates in an analysis of the appellate court's reversal of the lower court's ruling, shedding light on the nuances of employment law and the vital role of employee advocacy. If you've ever wondered about the realities of navigating employment disputes or the intricacies of severance negotiation, this episode is packed with insights and insider tips for employees at any stage of their career.Whether you're dealing with workplace harassment, retaliation, or simply seeking to empower yourself with knowledge about employee rights, this episode of Employee Survival Guide® is a must-listen. Tune in to learn how to better equip yourself in the fight against discrimination and advocate for your rights in the workplace. Don't let your hard work and dedication go unnoticed; join us as we explore the path to employee empowerment and survival in a complex legal landscape. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 8, 2026Episode 8213 min

Nuclear Verdicts Jury Awards in Employment Cases: Why Employers' Litigation Exposure Is Rising

Comment on the Show by Sending Mark a Text Message.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 growing trend of social inflation, jurors are increasingly moved by personal stories of mistreatment, making employment claims not just legal battles but deeply emotional ones. With real-world examples of significant recent verdicts, he illustrates how the threat of exorbitant jury awards reshapes employer strategies, influencing everything from early settlement negotiations to rising insurance premiums.But it’s not just about fear; it’s about empowerment. Mark emphasizes the importance of proactive compliance and treating employment disputes as critical risk events. He provides actionable steps for employers to mitigate risks, such as auditing workplace policies, training managers effectively, and genuinely addressing employee complaints. By fostering a culture of transparency and accountability, businesses can not only protect themselves but also enhance their workplace environment.This episode is a must-listen for anyone navigating the complex world of employment law, whether you’re an employee seeking to understand your rights or an employer aiming to safeguard your organization against costly litigation. Tune in for insider tips on severance negotiation, workplace rights, and the nuances of employment contracts. Join us as we explore how to survive and thrive in the challenging landscape of employment disputes, ensuring that both employee empowerment and corporate responsibility go hand in hand.Don't miss out on this essential discussion that could redefine your understanding of workplace dynamics and legal strategies. Discover how to navigate the intricate web of employment law issues and emerge victorious in the face of adversity. Your survival in the workplace starts here! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 4, 2026Episode 818 min

Performance or Disability Discrimination? The Emerging Pattern Highlighted in Walsh v. Fitch Solutions

Comment on the Show by Sending Mark a Text Message.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 that when employers are aware of an employee's medical condition, their approach to performance issues must evolve. Ignoring this critical aspect can transform what appears to be a straightforward performance problem into a multifaceted legal dilemma involving disability discrimination. Courts are increasingly vigilant, reacting strongly when employers neglect to consider the impact of known medical conditions on performance evaluations. The sequence of events leading to performance-related terminations can expose whether an employer acted with the necessary sensitivity and care.As we navigate the murky waters of workplace dynamics, this episode emphasizes the importance of understanding employee rights and the legal ramifications of mismanaging employees facing health challenges. From severance negotiations to navigating employment law issues, Carey provides invaluable insights for both employees and employers. He advocates for a more nuanced approach to performance reviews, encouraging a culture of empathy and understanding in the workplace.Listeners will gain essential knowledge about disability rights in the workplace, the significance of reasonable accommodations, and the potential pitfalls of a hostile work environment. This episode is not just for those in HR or management; it’s a vital resource for any employee looking to understand their rights and navigate the complexities of employment discrimination.Join us as we explore these critical themes, equipping you with the knowledge to advocate for yourself and others in the face of workplace challenges. Don't let a lack of understanding lead to disability discrimination or other forms of discrimination in your career. Tune in and empower yourself with the tools to survive—and thrive—in today’s ever-evolving work landscape. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 4, 2026Episode 8041 min

Montana Is Not At-Will: Cowger v. Signal Peak Energy

Comment on the Show by Sending Mark a Text Message.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 into silence. This episode is not just about one man’s struggle; it’s a powerful exploration of employee rights under Montana's Wrongful Discharge from Employment Act (WDEA), which starkly contrasts with the at-will employment doctrine that dominates most states. The hosts dissect the coercion Cowger faced, the legal battles that ensued, and the broader implications of corporate accountability in a world where employees often feel powerless. How do we navigate the complexities of employment law when faced with discrimination, retaliation, and workplace bullying? As they unravel Cowger's harrowing experience, Mark and his co-host shed light on critical employment law issues that affect every worker today. From understanding your rights in severance negotiations to recognizing the nuances of workplace discrimination—whether it’s race, sex, or age—the conversation is packed with insights that empower employees to advocate for themselves. This episode isn’t just a recounting of events; it’s a call to action for those facing similar struggles when not in an at-will situation. Learn about the protective measures available to you, and how to stand up against unjust practices in your job. Whether you’re navigating the murky waters of employment contracts, confronting a toxic workplace, or simply seeking career development tips, this episode of the Employee Survival Guide® offers invaluable resources and insider knowledge. Discover how to effectively negotiate your severance package, understand the implications of noncompete agreements, and ensure your voice is heard amidst corporate secrets. It’s time to break the silence and empower yourself with the knowledge to survive and thrive in your career. Tune in and equip yourself with the tools needed to navigate the challenges of the modern workplace. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

June 4, 202644 min

Montana’s For Cause Firing Rule: Eaton v. Montana Silversmiths

Comment on the Show by Sending Mark a Text Message.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 termination after the probationary period ends. Mark shines a spotlight on the compelling case of Robert Eaton v. Montana Silversmiths, a poignant example of the challenges employees face in proving wrongful discharge claims. After bravely reporting harassment and discrimination, Eaton found himself terminated during a reduction in force (RIF). This episode dives deep into the legal battles that ensued, revealing the hurdles Eaton faced against a well-structured corporate defense. We explore the implications of the WDEA, emphasizing the critical importance of proper HR procedures, meticulous documentation, and fostering a supportive workplace culture. As we navigate through Eaton’s story, we discuss how the nuances of employment law can significantly impact employee rights, especially in cases involving discrimination, retaliation, and hostile work environments. Mark provides invaluable insights into the importance of understanding your rights as an employee and the legal protections available to you, including how to negotiate severance packages and what to do if you find yourself facing termination for cause. This episode is not just about legal jargon; it’s about empowering employees to advocate for themselves in the workplace. Whether you’re dealing with workplace harassment, discrimination based on gender, race, or disability, or simply trying to understand your employment contract, this episode is packed with essential tips and strategies for navigating the often murky waters of employment law. Tune in to learn how to protect your rights, negotiate effectively, and survive the challenges of the modern work environment. Your career, your rights, and your survival matter—let’s dive in! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

May 31, 2026Episode 7845 min

Fired After Asking For Flex Time & FMLA: Joanne Kim v. Regeneron Pharmaceuticals, Inc.

Comment on the Show by Sending Mark a Text Message.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 and his insightful guest as they dissect legal documents from Kim's lawsuit, revealing how her impressive performance metrics juxtaposed with the timeline of her termination paint a compelling picture of associational discrimination. The chilling effects of workplace culture are laid bare, showcasing how employees grappling with personal crises are often left vulnerable in hostile work environments. This episode emphasizes the critical importance of using specific legal language when reporting workplace abuse to HR, and it exposes the failures of HR departments to protect employee rights. Listeners will gain invaluable insights into the nuances of employment law and the significance of documenting performance. This episode serves as a wake-up call for employees everywhere, urging them to understand their rights under the law and to advocate for themselves in the face of discrimination, retaliation, and workplace bullying. From severance negotiations to understanding employment contracts, Mark provides essential tips for navigating the complex landscape of employment law issues. Whether you’re dealing with pregnancy discrimination, disability rights in the workplace, or simply seeking to improve your work-life balance, this episode is packed with practical advice and insider tips for employees. Tune in to empower yourself with knowledge, and learn how to survive and thrive in today’s challenging work culture. Don’t miss this opportunity to become your own advocate and take control of your career! Listen now to discover how to navigate the often-treacherous waters of employment disputes and learn why understanding your rights under the FMLA can be a game-changer in your professional life. Join the conversation and equip yourself with the tools you need to survive and succeed in the workplace! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

May 31, 2026Episode 7720 min

Gender Discrimination: Jennifer Palmer v. eCapital Corp.

Comment on the Show by Sending Mark a Text Message.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 gender discrimination amidst corporate restructuring, we dissect the contrasting narratives that emerge from her experience and that of her former employer. What does this case reveal about the standards of proof required in employment disputes, and how do these legal frameworks impact employees' rights? As we dissect the court's decision to deny summary judgment, allowing the case to proceed to trial, we shed light on the broader implications for gender discrimination and equity in leadership roles. This episode is not just about one woman's fight against a hostile work environment; it's a rallying cry for all employees navigating the complexities of employment law, workplace challenges, and the ongoing fight against discrimination in all its forms. Listeners will gain invaluable insights into the intricacies of severance negotiations, the importance of understanding employment contracts, and the critical role of employee advocacy in fostering a fair workplace culture. Whether you’re dealing with retaliation, sexual harassment, or simply striving for career advancement, this episode is packed with practical tips and legal advice for employees facing employment law issues. Join us as we empower listeners with the knowledge to navigate their careers and advocate for their rights. From workplace dynamics to employee empowerment, we challenge the status quo and encourage a culture of transparency and accountability. Don't miss this chance to learn how to survive and thrive in your professional life, especially if you find yourself facing gender discrimination or any form of workplace injustice! If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.