Inpsiration

Independence Thought

susanbanthony380664Even though I no longer think of India as my home, its appropriate that today it is it’s Independence Day. I unshackled a lot of baggage that include self-doubt, lack of self-worth and just plain stuckness in the past few years. That independence only came after being in a hospital room recovering from brain surgery.

I spent so much of my time not acting due to fear. Even an earlier stroke did not derail me from the path of doubt. Only when I was in hospital room again did I realize that I could either get ready for another visit or I could take steps to make myself a different life.  Yes, I knew a chronic condition I was unaware of caused it, but it also hit me that did not mean, it would define me. I would not live a life unlearned, unloved or lacking.

No longer do I wish to be a writer, a lawyer, a business person, being kind or fit. I do it every day. It may not matter what the end looks like, but the point is that I am living my vision rather than dreaming of it. And that, in itself, is Independence
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Legal

Discrimination Retaliation: Legal Reasons #18

retaliationMany employers are not aware that while California is an “at will” state which means either party can leave employment, California has strict regulations against retaliation and discrimination.

Both federal and state law protect employees and applicants from employer retaliation for engaging in activity that is protected by anti-discrimination laws.

You cannot retaliate against employees for participating in activities to further the enforcement of employment discrimination laws.The retaliation prohibition is quite broad and includes retaliation against a person who objected to a practice that is legal but that the person reasonably believed to be illegal. Protection from retaliation is not limited to applicants and employees; it covers all individuals, including former employees.

An employee who thinks he/she was discriminated against has the right to bring up the matter with a supervisor, other persons in management or a government agency. Any retaliation for making a complaint is strictly illegal, whether the retaliation is obvious (such as discharging the complaining person) or subtle (such as denying a merit increase for being “uncooperative”).

Do not view a complaint as a sign of disloyalty. Take complaints seriously and investigate them objectively. Although some discrimination complaints are insincere and harassing, the majority are sincere complaints of perceived mistreatment.

Retaliation at work can sometimes take subtle forms. Make sure you train managers on the scope of whistleblower protections. Measures which may help prevent retaliation in the workplace include:

  • Educate employees, especially supervisors, on what constitutes retaliation and the company’s policy against it.
  • Watch out for the subtle signs of retaliation against an employee, such as ignoring, isolating or undermining the employee, or changing expectations relating to the employee’s performance.
  • Implement effective complaint procedures that prohibit retaliation.
  • Limit the sharing of information regarding employee complaints to those who have a legitimate business need to know the information. Let those employees know that any retaliatory conduct taken against the complaining employee is prohibited.
  • Gather, rely on and document objective facts when making hiring and other employment decisions.
  • Carefully review discipline and termination decisions that involve individuals who participated in a complaint of unlawful workplace conduct. Consult legal counsel if necessary.
Brownness

Moving Nostalgia

ulpjvg1cvfmnyrorhbtsAs I rummaged through my library, sorting which books to keep and which ones to donate (a majority of them), I couldn’t help feeling a bit nostalgic about the thousands of pages surrounding me. Each book meant something at some point, but it hit me now they just represented a past that was no longer there. I held on to books rather than passing that story on to someone else, for it to live in someone else’s imagination.

It hit me that I kept the book to look and feel smarter, that I had a library and that meant I was well read. It held up an image in my head which didn’t need to be there. Who was I trying to impress?  Don’t get me wrong,  I am holding on to some titles (mostly graphic novels and my collection of  South Asian authors) but still it was harder than I expected to let go of decades of reading material. Yet I knew I would never read them ago, and ultimately I could not justify being selfish any longer.

I’d rather share than hoard. Let others experience the same emotions I did rather than keep it locked away. Still, it’s not easy. A part of me wants to hold on to everything, but the reality is that it is time to part ways.

Brownness

What To Know When Terminating: Legal Reasons #17

downloadRecently I have helped several former employees who were laid off but were not given their final wages which included the hours they had worked just before being laid off, earned Paid Time Off, and commissions.  Many employers do not realize that waiting time penalties attach daily up to 30 days if wages are owed after the final pay.

If you terminate an employee or lay him/her off with no specific return date within the normal pay period, all wages and accrued vacation earned but unpaid are due and payable immediately. It is not acceptable to ask or require an employee to wait until the next regular payday for his/her final wages. You cannot withhold a final paycheck. It is illegal to withhold a final paycheck to induce the former employee to:

  • Return tools, uniforms, mobile devices, laptop computers, keys or any other items belonging to you.
  • Pay back money that he/she owes to you.
  • Turn in expense reimbursement forms.

Payment Due at Time of Discharge

The California Labor Code requires that employees receive all earned and unpaid wages at the time of termination from employment. If they do not, you can be assessed waiting time penalties. In Smith v. The Superior Court of Los Angeles County, the California Supreme Court ruled that neither length of employment nor reason for termination changes this requirement.

Brownness

Writing Wrong

wrongA beautiful Sunday afternoon. I sit in my library and gaze out the bay window people watching while Bella sits right outside the library as if respecting my wishes to write alone. The blinking cursor on my short story beckons. 4000 words in, and it feels as if it will never end. Each word I spit out feels dirty, untrue, and unworthy. Yet I am determined to finish. No more revising until I have a complete story even one I have begun to hate and feel like a third grader would write.

Each day, I continue to write 300 words, and some days those words seem to taunt me with their  silliness. They are just plain wrong, but I keep going because I have to keep the end in mind. I can no longer write half way. No longer tell myself, I will get to the ending later (because I never do). Writers write. So if I dare call myself a writer, I get to keep pounding words, nouns, verbs, adjectives, sentences, and as I get near the end, more stuff pops and I begin to wonder if I will ever finish. Then doubts. I am writing wrong! This is wrong, wrong, wrong!  And I sit with that feeling, take it in. Then I breathe it out, and keep going.

The end is near, and all that matters is that I finish the story. Good or bad. It is mine.

Brownness

The End of Things

151d4682bf7420332052fa4fdc8662fdAs the summer comes to an end, it amazes me that 2016 is halfway done. So much has already happened, but really what’s exciting is what the future is bringing due to the seeds I planted at the beginning of the year. There is also some sadness as things I counted on for a long time now have to be let go in order to make room for new things.

Change isn’t always easy even when I have strived for it for the past five years. Getting comfortable being uncomfortable was not a motto I thought I would adopt but the universe planned it otherwise. If all this sounds vague, it’s because I find it hard to put into words how much my life has changed due to my actions, some good and some bad. Yet the faith that the universe as the best in mind for me has moved me to this point in the present.

The end of things is not always bad, but it is necessary. I acknowledge that now. As I prepare for the upcoming wedding of my brother-in-law, and relish all the amazing celebrations in July, it comes to me that end of things does not mean they are finished, it just means to get ready for a new beginning.