Architectural Columns

Category Archives: Legal Consultation

AI In The Next Cubicle? What You Can Do About Your Robot Coworker

Like it or not, AI is already in your workplace. Chatbots handle customer inquiries, algorithms analyze big data. It’s in the background of everything from manufacturing to high finance. What’s a worker to do? Here are some issues that you might already be facing, and some action steps to consider.

Issue 1:  Job Displacement and Automation

AI is causing significant job loss, especially in routine and manual jobs. The best way to fight this is through collective action – Unions have been through this before. If you’re concerned:

If you are not in a Union: Join up! Unionize! Organize! Learn about solidarity and use it to strengthen your mutual bond with your coworkers. Get in there and fight like hell for recognition!

If you are in a Union:
  1. Collectively demand the employer identify new and emerging job roles that displaced workers can move into. For example, roles related to AI management, human-AI collaboration, and digital strategy may become increasingly important.

  2. Collectively demand the employer provide courses or workshops that focus on industry trends and emerging technologies that could impact your job. Demand the employer provide training, or help pay for new certifications or degrees.

  3. Advocate for policies that prioritize workforce sustainability and fair labor practices in the deployment of AI technologies.

Issue 2:  Surveillance and Privacy Concerns

Employers use AI to monitor employee activities. While workplace privacy protections have never been particularly robust, AI’s ability to snoop surpasses even that of Whatshisface in Accounting. If you’re concerned:

  1. Familiarize yourself with your employer’s policies on surveillance and data privacy.

  2. Don’t share personal information in workplace communications or on company devices. Avoid discussing personal matters that do not pertain to work.

  3. Use secure and encrypted communication platforms for any personal conversations. Avoid using company email or chat systems for personal matters.

  4. When possible, avoid using personal devices for work purposes. If you must use a personal device, be aware that some companies monitor usage – even on your personal phone.

  5. Talk to a lawyer! Familiarize yourself with local laws regarding workplace surveillance and data privacy. Many jurisdictions have regulations that limit the extent of employer surveillance.

If you’re in a Union:
  1. Discuss concerns regarding surveillance with coworkers. Raise awareness about privacy issues.

  2. Collectively demand information on how AI tools and surveillance technologies are being used in the workplace (e.g., cameras, tracking software). Support collective bargaining for better privacy provisions in workplace contracts.

  3. Collectively demand training on privacy settings available on the employer’s platforms and applications. Configure these settings to enhance your privacy where possible. Demand training on privacy, data security, and responsible use of AI, particularly how to protect your data.

Issue 3: Bias and Discrimination

AI systems perpetuate biases present in training data. This can result in discriminatory hiring practices, performance evaluations, or disciplinary actions, which violate anti-discrimination laws. The lack of transparency around AI decision-making processes makes it even harder to prove discrimination. If you’re concerned:

  1. Know your rights! Familiarize yourself with labor laws and regulations that protect against workplace discrimination. To be able to fight discrimination, you need to be able to identify what it is and what it is not, with or without an AI component.

  2. Keep detailed records of all discriminatory behavior or decisions. This is a good idea even if the conduct is not the product of AI.

  3. Talk to a lawyer! If you face discrimination, consult an attorney who specializes in labor law and discrimination cases in your jurisdiction. They can guide you on how to proceed with complaints and claims.

If you are in a Union:
  1. Collaborate with coworkers to address concerns regarding AI discrimination collectively.

  2. Push for transparency in the AI systems used by employers. Request information on how decisions are made and the data used to train algorithms.

  3. If you suspect that an AI system is biased, advocate for review and adjustment.

Issue 3: Impossible Algorithms

AI and management have a tendency to make equally lousy decisions about workload, performance assessments, and promotions. Not only do these decisions lead to burn-out, they can undermine worker safety. If you’re concerned:

  1. Keep detailed records of how AI influences your work, including the criteria used for performance assessments and any implications on workload, including safety. This documentation can serve as evidence in case of disputes or grievances.

  2. Talk to a lawyer! Particularly if the algorithm appears to have a discriminatory bias and/or results in unsafe working conditions, speak with an attorney who specializes in workplace law in your jurisdiction.

  3. Familiarize yourself with your state’s labor laws and regulations. Don’t just look at anti-discrimination and wage and hour laws; specific industries may have regulatory requirements on safe hours of work and workloads. If you’re not sure, talk to a lawyer.

  4. If your lawyer thinks it’s a good idea, report the issues to relevant authorities, such as labor boards, health and safety agencies, or civil rights organizations, to seek investigation and resolution.

  5. Monitor developments in laws and regulations surrounding AI and labor rights. If you’re not sure, talk to a lawyer.

If you’re in a Union:
  1. Collectively demand clear explanations about the AI systems in use, including how they operate, what data is being collected, and the algorithms applied. Understanding these elements can help ensure that processes are perceived as fair and justifiable.

  2. Collectively advocate for development of clear organizational policies regarding AI use. These policies should address transparency, ethical considerations, safety, and the potential impacts on employment practices, including hiring and promotions.

  3. Engage in regular labor-management discussions about the use of AI tools in decision-making processes. Express your concerns about how these technologies affect safety, workloads, and evaluations. Back up those concerns with your documentation.

A final thought:

Any tool that management uses, workers can use too. Make no mistake, AI is being used to undermine workers’ rights. But workers aren’t powerless. Whether you’re a lone brave voice or working in solidarity with your Union family, you have some options. You may even be able to leverage AI to help protect your rights. (Make it analyze your paystubs and identify discrepancies! Use it to detect systemic discrimination! Get it to gather social media commentary on issues that your coworkers are fed up with, and then organize them to fight those issues!) And talk to a lawyer when you run into something that requires action.

 

How to Protect Your Legal Rights During a Workplace Investigation: A Guide for Employees

Illustrated image of four people interacting around a large warning sign with an exclamation point on a computer screen. One person uses a laptop, another holds a magnifying glass, one holds a clipboard, and another speaks through a megaphone. Overlay text reads: "NEW BLOG POST – How to Protect Your Legal Rights During a Workplace Investigation – Satter Ruhlen Law Firm, PLLC."

How to Protect Your Legal Rights During a Workplace Investigation: A Guide for Employees

Navigating a workplace investigation can be one of the most stressful experiences in your professional life. Whether you’ve been accused of inappropriate conduct or are a witness to such accusations, understanding your legal rights is crucial. The following strategies may help safeguard your legal interests during workplace investigations.

Understanding Workplace Investigations

A workplace investigation typically occurs when allegations of misconduct arise, such as harassment, discrimination, or violations of company policy. Even if the allegations are untrue, the process can significantly impact your career and reputation.

1. Know Your Rights

Before responding to a workplace investigation, familiarize yourself with your legal rights. In the U.S., employees are protected under various laws, including:

– **Title VII of the Civil Rights Act**: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
– **The Americans with Disabilities Act (ADA)**: Protects employees with disabilities from discrimination.
– **The Age Discrimination in Employment Act (ADEA)**: Protects employees aged 40 and older from discrimination.
-**State and Local Laws prohibiting discrimination**: Same as the Federal statutes, but sometimes more coverage.
-**If you are a Union member, the terms of your contract**: This includes disciplinary proceedings, grievance machinery, and your right to representation during a workplace interrogation.

Understanding these laws will empower you to advocate for yourself and ensure you are treated fairly during the investigation process.

 2. Document Everything

Maintaining thorough documentation is crucial during a workplace investigation. Keep records of all relevant communications, including:

– Emails and messages related to the investigation
– Meeting notes
– Changes in your work environment (e.g., location, duties, treatment by coworkers)

This documentation can serve as a powerful tool if you need to challenge the investigation’s outcome or if you consider legal action in the future.

3. Seek Legal Counsel

Contact an attorney who specializes in employment law, especially one who has experience representing employees in workplace investigations. An attorney can guide you through the process, explain your rights, and help you prepare a response to any allegations. In some cases they can accompany you to meetings or interviews related to the investigation.

4. Avoid Discussing the Investigation

While it may be tempting to discuss the investigation with coworkers, avoid doing so. Conversations can easily lead to misunderstandings or further complications. Additionally, many companies have policies against discussing ongoing investigations, which could lead to disciplinary action against you.

5. Be Honest and Cooperative

Dishonesty can lead to severe consequences, including termination. However, this does not mean you should disclose any information without first speaking to your attorney. It’s essential to balance cooperation with the protection of your rights.

6. Do Not Retaliate

If you feel wronged during the investigation, avoid any form of retaliation against those involved, as retaliatory behavior could have serious repercussions for your case. Instead, talk to your lawyer about whether there is a way to rectify what happened.

7. Follow Up

After the investigation concludes, follow up to ensure that any actions taken were consistent with company policy and applicable laws. If you believe the outcome was unjust or discriminatory, consult with your attorney about potential next steps, which may include filing a complaint with your State Division of Human Rights, the Equal Employment Opportunity Commission (EEOC), or another agency.

Conclusion

Workplace investigations can be daunting, but knowing how to protect your legal rights can provide peace of mind. By documenting everything, seeking legal counsel, and approaching the investigation with integrity, you can help safeguard your future while navigating this challenging process.

If you find yourself facing a workplace investigation and need legal assistance, don’t hesitate to reach out to our experienced team. We’re here to support you and ensure your rights are protected every step of the way.

Call to Action

Have you experienced a workplace investigation? Contact us for a free consultation to discuss your case and understand how we can help you protect your rights. Your future is too important to leave to chance—let us guide you through this challenging time.

What Happens During A Legal Consultation?

 

Let’s face it. Most people don’t schedule consultations with attorneys for fun. The stress of the underlying situation, concerns about cost, the idea of trusting a stranger with personal details of your life, and not knowing how the attorney will react – all of this can add up to a bad feeling in the pit of a person’s stomach.

We understand that seeking legal assistance can be a daunting experience, and it’s completely natural to feel anxious about your initial consultation with an attorney. To help ease some of those concerns, here’s a little about how it works at the Satter Ruhlen Law Firm.

  1. How to Prepare

If you really want a productive consultation, take a little time, before you come in, to write down, in chronological order, the events you are about to describe to the attorney. You don’t need to write a novel. Just date, location, what happened, what was said, and witnesses.

Here’s an example:

  • 6/13/24 9:37 am in the parking lot at the north facility: Joe spat on my truck and called me a dumb b—-. Ron and Patty saw it. Julie heard him call me a dumb b—-.
  • 10:45 am I reported the incident to HR. (Email attached.)
  • 6/14/24 10:00 am HR called me to a meeting at headquarters. Present were Kathy the HR Rep, Fred the boss, and myself. Kathy told me I was fired. She had Ron escort me off the premises.
  • 6/15/24 I applied for Unemployment.
  • 7/15/24 Unemployment told me I’m not eligible because the boss claims I stole money from the petty cash drawer.

This isn’t for the attorney to read, so don’t worry about spelling, grammar, etc. This list is to help you stay on track and give a clear account of what happened.

As far as documents, bring that totally crazy email that the boss sent you. Feel free to bring recordings, pictures, screen shots, or your spouse or friend for moral support. Bring the contract if you have one, or bring the policy or handbook that you think is being violated. If you think there’s a statute or regulation involved, bring a copy of the statute or regulation.

In some cases, the attorney may ask you to send documents prior to the consultation. Make sure you send them at least 24 hours prior to the appointment so the attorney has time to review them.

If you have seven binders of documents, the attorney isn’t going to review everything. But if you think it’s relevant, bring it.

  1. Our Office

The Satter Ruhlen Law Firm is located on the 6th Floor of the historic McCarthy Building (217 South Salina Street) in downtown Syracuse, New York, at the corner of Salina and Fayette streets. It’s a lovely old turn-of-the century structure, with wreath and ribbon decorations over the windows. If you’re looking at the Wildflowers shop, you’re looking at our building. (The McCarthy Building is also home to two delicious restaurants – Jamaica Cuse and Aloha Bento. We recommend both!) There’s a heart painted on the north side of the building, with the words “Heart of Syracuse” written inside.

The good news is that there’s plenty of parking, whether on the street, in the open lot at the corner of Salina and Washington streets, in a parking garage, or a block or two in any direction. The bad news is that it’s all metered parking. The parking meters are kind of weird so you may want to download and use the Flowbird parking app.

The elevators are on the left as you enter from Salina Street. (On the right you’ll see the indoor entrance to Wildflowers, as well as stairs down to the shops in the McCarthy Mercantile). Come up to the 6th Floor and turn right. You’ll see our door with gold lettering on it. Currently our floor is under construction, so there’s an odd entryway area as you come in. You’ll see a big window, and behind the window is our office manager. At least, that’s where their desk is – the job keeps them busy! The door to our office is to the left of the big window. Come on in!

  1. Checking in

The office manager will greet you and get you checked in. You can hang up your coat and hat, and if it’s snowy, feel free to ditch your boots in the boot tray. If the office manager is not at the desk, have a seat – they’ll be there in a minute. Take some time to peruse the books and magazines on the coffee table. (For remote consultations, we’ll send you a secure video link.) Once you’re checked in, the office manager will show you into the conference room and then they will tell the attorney that you’re here. It may take the attorney a minute – we always seem to get phone calls just before someone comes in. Take some time to check out the books on display and the wall hangings, which provide some fascinating background on the history of workers’ rights.

  1. The Consultation

One purpose of the consult is to for you to determine whether you want to work with us. So, in addition to figuring out whether there is anything that we can do for you, we’re also going to be considering whether it makes sense for us to enter an attorney-client relationship with each other. There are a lot of different factors that go into that decision, including but not limited to the strength of your case, whether it’s financially feasible, and what type of work needs to be done. Legal fees are expensive! So if you’re going to retain a lawyer, it makes sense to be choosy and make sure you’re getting someone you can work with.

Once the office manager has got you settled, the attorney will come into the room and greet you. If you bring somebody with you, the attorney will get the name of the person and their relationship to you. This is important for purposes of determining how protected the conversation may be from subpoenas or discovery. The attorney will usually start off by explaining a little bit about confidentiality rules. They will confirm that they have good contact information for you, including a mailing address, phone number, and email address where they can send confidential communications.

The attorney may ask you for some background information about your workplace. For instance, if you’re an educator, they may ask if you’re tenured. There may be some jurisdictional questions, such as how many other employees work for the company, or whether you get paid hourly or salary, on a W-2 or via 1099. They may ask where the employer is located, or ask you to describe a little bit about the industry you work in.

At some point the attorney is going to say something along the lines of, “Tell me why you’re here.”  This is a good time to refer to  that timeline you jotted down before you came in. Now, you’ve already given the office manager a little bit of information for purposes of conflict checking. But the attorney needs your personal perspective on what’s happening, and the best way for them to get that perspective is for you to tell them, in your own words.

Be prepared to be interrupted. The attorney isn’t trying to be rude. What they’re trying to do is to get key, relevant details that help them assess your situation. They’re probably going to ask you when things started to go wrong at work, why they started going wrong, and who’s involved. They’re going to be really annoying about dates, names, titles, and locations. They may ask if there are any witnesses to what you’re describing. They will probably ask about policies and procedures. They’ll ask who you’ve tried to talk to about the situation you’re facing. They’re going to be typing or taking notes as you talk, and they may ask you to slow down or to go back and repeat something they missed. They may ask you to pause for a moment as they review their notes.

At some point, the attorney’s going to explain the legal framework they think you’re operating within, and go over potential legal issues that they’ve spotted while you’ve been describing your situation. If you are a public employee, the attorney might help you draft up a Notice of Claim right then and there. They’re going to ask you if you’ve considered different options, and help you think about what options might make sense for you in your particular situation. For example, if you haven’t already reported the problem to the HR rep, the attorney may talk with you about whether it’s a good idea, what strategy to take, potential language to use, whether to copy other people, when to do it. This is your opportunity to strategize with the benefit of the attorney’s expertise and experience. You might end up making a pros-and-cons lists, or the two of you working together may discover other possibilities.

  1. Ending the Consultation

The consult may end in several ways. Here are three common possibilities: 1) we decide to offer representation, 2) we decide not to offer representation, or 3) we decide to do some more research and analysis and get back to you about whether we can offer representation.

If we offer representation, you will be presented with a retainer proposal that describes what we propose to do and how we expect to be paid for it. It is a proposal to provide legal services, and the “retainer” is a written contract for those services. It’s important to understand that having consulted with an attorney is not the same as being represented by an attorney. No one is represented by our firm unless there is a written retainer with both our signatures on it.

We may conclude that it doesn’t make sense for us to offer representation. There are a myriad of reasons that might happen. Sometimes, the consultation gives an individual enough information to navigate the situation without needing to retain us. Sometimes, employees realize they’d be better off socking that money into their 401(k) than hiring us. If we decide not to offer representation, we’ll follow up in a day or two with a nonengagement letter. We always recommend getting a second opinion if you feel we’ve missed something – different lawyers see things differently, and what one firm might not be willing to take on, another firm may specialize in.

A lot of times, we need to do some additional work, such as reviewing your situation with another attorney in the firm, calling up your witnesses, or reviewing your documents. We may want to talk to an outside attorney about a referral or maybe bringing in their particular expertise as potential co-counsel. If we need to do more follow-up work, the attorney will give you a ballpark about when you can expect to hear back from us, usually within a few days to a week. The follow-up is not a commitment to offer representation – it’s an opportunity for us to get more information to decide whether we can offer representation. Once we have made a decision, we’ll either send you a retainer proposal or a nonengagement letter.

  1. Final Thoughts

Signing up for a legal consultation can feel overwhelming, but understanding what to expect can significantly ease your anxiety. From thorough preparation to knowing what happens during the meeting, each step is designed to ensure you receive the best advice possible tailored to your unique situation. At Satter Ruhlen Law Firm, our goal is not only to assess your case but to foster a relationship grounded in trust and transparency. Whether you leave with legal representation or empowered with guidance to handle your issues independently, our commitment is to make your consultation a constructive experience. Seeking legal assistance is a vital step towards asserting your rights, and we are here to support you.

 

217 S. Salina St., 6th Fl.,
Syracuse, NY 13202

T: 315-471-0405
F: 315-471-7849

Attorney Advertising. Prior results do not guarantee a similar outcome. This site is published for informational purposes only and does not constitute legal advice.  This site neither creates nor implies an attorney-client relationship.

Find us on Mastodon: @WorkplaceLawyer@union.place