The Spiggle Law Firm Podcast

At-will employment is a widely misunderstood concept that often leads people to believe they have no legal recourse against employers. However, this mistaken belief can prevent individuals from seeking the legal help they need to address unfair employment practices. In this episode, Tom dispels the myths and explores the legal rights of employees in at-will states. Except for Montana, almost every...

One of the biggest misconceptions that keeps individuals from seeking legal help in employment cases is the belief that "he said, she said" cases can't be won. It's a common assumption that without concrete evidence or witnesses, it's impossible to prove misconduct in the workplace. Tom debunks this fallacy and shares strategies for pursuing these types of employment cases. Many people believe tha...

What do you do when your employment case goes beyond discrimination or wrongful termination? Who should you hire when your case crosses over into specialized areas of employment law like workers' comp or disability? If an injury occurs in the workplace, it falls under workers' compensation laws. This is a highly specialized area of law and usually isn't handled by attorneys who primarily focus on...

You're fired up and ready to go tooth and nail after your former employer, but is that the best strategy? Will it get you the best possible outcome? Strategic choices can make all the difference in the outcome of your employment-related case. In previous episodes, Tom has talked about the role of the demand letter in litigation. In this episode, you'll learn about a strategic alternative - the dis...

You've made it through summary judgment; now what? This episode wraps up our series on the litigation process in the private sector. Previous episodes have covered the steps of the litigation process, from filing the complaint to the answer, the motions to dismiss, and the discovery process. Now, Tom will guide us through the final steps of the process, specifically focusing on the trial and appel...

Summary judgment is a critical procedural tool in the litigation process, allowing either party, typically the defendant, to seek a ruling in their favor based on the merits of the case. In this episode, Tom breaks down the textbook definition and the practical realities of the summary judgment stage in the litigation process for an employment law case. The defendant often initiates summary judgme...

When you find yourself entangled in an employment law case, navigating the litigation process can be incredibly daunting. The anxiety of facing a courtroom battle, the financial stress of a drawn-out legal fight, and the emotional toll of workplace disputes make it natural to seek alternative dispute resolution methods. Mediation can be a more empowering approach to resolving conflicts where a neu...

What are depositions, and how do they impact the trajectory of a case? Depositions are the high-stakes phase of the litigation process. Learn why they have the power to make or break a case and how to prepare for the most favorable outcome. In the legal context, depositions are when both sides in a lawsuit can take oral testimony from relevant witnesses. This takes place in a setting where a court...

If you find yourself in federal court, where a significant number of employment lawsuits end up, the first thing that will happen is there are some disclosures you will have to make to the other side. This is part of the discovery process, and we're breaking that process down for you into a couple of podcast episodes. Tom explains the paper discovery process in this episode. We'll cover deposition...

What does a motion to dismiss mean for you and your employment case? Is it a cause for panic? A motion to dismiss is a potential hurdle that plaintiffs face as defendants seek to have their case entirely or partially dismissed. Receiving a motion to dismiss is not uncommon in litigation, occurring about 25% of the time. Sometimes, defendants may have genuine legal arguments, while other times, the...

What should you do when the defendant requests an extension of the deadline to respond to your complaint? Your initial reaction might be frustration or even anger. But, as Tom explains, this is a common occurrence and often happens as a matter of course. In this episode, Tom guides you through the intricate details of motions to extend time, providing crucial insights based on his experiences. He...

We continue our series breaking down each stage of a civil court case in this episode. Tom highlights the importance of understanding the language used in court, which often seems foreign to those who aren't familiar with legal procedures. He emphasizes the need to familiarize yourself with legal terms such as "complaint" and "answer" to effectively participate in your own case or understand what...

You've filed the complaint for your employment lawsuit. What happens next? The process of serving the complaint is your gateway to alerting the defendant to the lawsuit and ensuring they understand the gravity of the situation. Understanding this step and its proper execution is absolutely vital to the outcome of your case. In this episode, Tom explains how properly serving the complaint allows th...

You've exhausted all other options for your employment case, with mediation proving unsuccessful and a positive outcome seeming out of reach. Now what! At this point, the next logical step is to proceed to court. This is the first episode in our series created to walk you step by step through the litigation process. The focus of this episode is the initial filing called the complaint. The complain...

Does your claim require an administrative filing, or can you skip that step and go straight to court with your employment case? Losing a job or fearing termination can be incredibly stressful and overwhelming. The complexity of employment law only adds to the confusion of navigating the administrative process, deadlines, and the potential repercussions of pursuing a legal claim. This episode helps...

The term "litigation" might start your stomach churning as you picture your employment case being tried before a jury in a mahogany courtroom as the opposing lawyer hammers you with questions on the witness stand. Before your imagination gets too carried away, listen to this episode. Tom is going to address misconceptions and break down what litigation really means and the different ways it can lo...

Tom addresses a common fear surrounding employment disputes in this episode - Privacy. Specifically, he addresses the fear of prospective employers finding out about past employment disputes and how it might impact your career prospects. Many professionals and high-income individuals don't want to be labeled as someone who sues their employers, as this reputation can hamper their chances of securi...

How do you get fired from a job that you've already left? We have the "one-woman bomb squad," Angie Colee joining us for this episode! Angie shares that story and many more experiences since starting her own business. Angie's story resonates with many of us who have faced challenges, setbacks, and the fear of the unknown after getting fired or deciding to leave a job. She guides us down her path t...

What is the crucial first step in asserting your rights as an employee when facing unfair termination or harassment at work? Crafting an effective demand letter is where you start. In this episode, we'll unravel the core elements of the demand letter. From laying out the facts to emphasizing the violations of the law, we discuss how to make your case and demand justice. Tom shares his experience a...

Who is on your legal team, and what are they doing? From attorneys to paralegals and legal assistants, Tom unravels the distinct roles and responsibilities of each member of your legal team and how they impact your bill. You'll gain a deeper understanding of what each team member actually does and how they work together to advocate on your behalf. Meet the paralegals who ensure your legal document...

From wrongful termination to workplace harassment, the trauma of these experiences can take their toll on you mentally and emotionally. You might be fired up and ready to seek justice immediately. But Tom encourages a different approach - the strategic use of time. He emphasizes the importance of stepping away from the legal issue momentarily, allowing yourself the space to heal, gather your thoug...

We are wrapping up our series on mediation with a deep dive into how private mediation typically works. Private mediation involves hiring a professional mediator to assist in reaching a settlement. Tom provides a comprehensive overview of the mechanics of a private mediation session.   He explains how private mediators, often retired judges or experienced attorneys, enhance the settlement process...

We are exploring the key differences between mediation before an administrative body and mediation before a judge in this episode of the podcast. This is the third episode in our series about Navigating the Mediation Process to Resolve Workplace Disputes.   Tom explains the role of the magistrate or judge in the federal court system and highlights the advantages and challenges of having a sitting...

In Part 2 of our series on navigating the mediation process, Tom is sharing essential tips to set you up for a successful mediation or negotiation experience before an administrative body. If you have a sexual harassment case or disability discrimination, you're going to have to file before one of these administrative bodies before you can file in court. In this episode, you will learn about the d...

What is mediation, and how does it work? Welcome to part one of our three-part series on navigating mediation to resolve workplace disputes. In this first episode, you will learn about the foundations and the essential aspects that are common in a variety of mediations. Tom gives an extensive overview of the process and what to expect at each stage. You'll get valuable insights into how to effecti...