If you get in a workplace dispute, watch your emotions carefully.  If you lose your cool, you will likely lose your job.

People understandably feel strong emotions when confronted with strong emotions-- say if a boss or HR rep is treating you condenscendingly, sarcastically, or worse, is yelling at you.  If these things happen, it is hard not to let emotions well up and take over.  But that is exactly what you have to prevent.

If management loses their cool, they keep their jobs.  You do not make the decision whether your managers keep their jobs, when they lost their cool in dealing with you.  But if you lose YOUR cool in dealing with them, then they can choose whether to label your actions "insubordination" or "misconduct", etc.  They can choose to fire you.

These are simple concepts.  But the minute a worker gets into a dispute, he is quick to forget the logical concepts above, and likely to lose his cool.  Don't lose your cool.  It will do you no good, and will likely cost you your job.

News Reports About "Meat Glue" Being Used to Bind Cheap Meat Scraps Together As "Filets"

There have been recent news reports, including this ABC affiliate's report, about "meat glue"-- a product apparently being used by some meat suppliers and restaurants to "glue" together pieces of inexpensive meat (e.g. stew scraps) and make them appear to be a single piece of high-quality meat (e.g. pieced into one cut resembling filet mignon).  The meat glue product is sold under the brand name Activa by the company Ajinomoto.  

The meat glue product is made with an enzyme called transglutaminase, also called TG or TGase. The use of the meat glue product and TG enzyme is not illegal, in and of itself.

The Food Safety and Inspection Service (FSIS), which is part of the U.S. Department of Agriculture, has permitted the use of TG under certain circumstances.  Under FSIS regulations, a meat supplier which meat-glues a given product, and thus uses the TG enzyme in that product, must comply with several important requirements, including these: (1) the product must declare the presence of TG enzyme in the list of ingredients on the product's label; and (2) the product name must be labeled to bear the term ``formed'' or ``reformed'' in conjunction with product name.

Potential Health Safety Issue, Due to Bacteria

According to some media accounts (e.g. here and here), use of meat glue could present a public-health risk, because scraps of meat have a significant amount of bacteria on their surfaces, and when they are pieced together into one piece, they have more bacteria distributed throughout the meat than does a natural single cut of meat (which does not have significant bacteria at its center).  If a meat-glued meat piece is served rare or not cooked properly, it could present more risk to the consumer than a natural cut of meat.

It must be noted the media articles discuss potential risks, and there has not been any specific instance reported in the media accounts I saw where any meat-glued product had caused health concerns for any specific consumer.  But independent of any safety concern, there is a growing concern that consumers may not be informed and aware of certain instances when they are eating meat-glued meat.

Particular Meat Suppliers Not Labeling Meat-Glued Products As "Formed," "Reformed" Etc. As Required?

News articles I have seen have shown examples of how meat glue is used, but the examples are conducted by food-industry people who (while knowing how meat glue works and is used) do not use meat glue in their own business.  Of note, the articles have not identified any specific meat supplier who have violated labeling requirements by not labeling TG-altered products as "reformed" or "formed", or by not including transglutaminase (TG or TGase) in that product's ingredients. It is certainly possible, however, that this is a systemic practice being conducted by particular meat suppliers.

Restaurants Failing to Disclose Meat-Glued Products, e.g. Buying "Reformed" Meat and Selling to Customers As "Filets"?

The news articles I've seen have not identified any specific restaurants who use meat-glued products, or how such restaurants are labeling those products in menus and otherwise.

From my review of FSIS regulations, it is not certain whether restaurants using TG- altered meat products are required to label the product for the consumer/menu (e.g. the FSIS requirement to label as "reformed" or "formed" as referenced above) or to otherwise disclose that their product is something other than the consumer understands it to be. Some-- but not all-- restaurant operations are exempted from the FSIS labeling requirement, so there is legal gray area there.

Aside from the FSIS disclosure requirement, there could be violations of false advertising-related laws if a restaurant or supplier knowingly labels items of meat to be something they are not (e.g. calling meat-glued scraps a "filet"), or knowingly conceals important information from the consumer.

I have not heard of any specific restaurants, suppliers or situations where meat-glue altered meat is not labeled properly; whether there are actual violations of law and/or safety standards depends on the circumstances.

Are you aware of restaurants or suppliers using meat-glued and re-formed meat (whether if it was meat-glued by suppliers or meat-glued by the practices of the restaurant itself), and not labeling the meat in a way customers would understand that's the case?  If so and you are interested in discussing this privately, please email me at mbrown@pbclaw.com.

If you are a worker in a dispute -- whether it's a dispute with your current employer's management, a dispute with your former employer about unemployment benefits, etc.-- there is something important you should know.

Regardless of what the employer may have done wrong, YOU are probably the person who is under the most scrutiny, and who has the most to lose. That is, you are probably the one on the hotseat. 

For example, if you are subject to a disciplinary meeting or grievance process at work, it may well be that the discipline is unfair.  However, the nature of that sort of proceeding (whether the discipline is fair or not) is to decide whether YOU did something wrong.  That sort of proceeding is NOT a proceeding to determine whether others (coworkers, management, etc.) did something wrong. You are on the hotseat, not them.

Similarly, in an unemployment hearing, it is usually the judge's job to decide whether the WORKER did something wrong.  Whether the worker committed misconduct or not, whether the worker quit without good cause or not, etc.  It is usually not part of the unemployment judge's function to decide whether the employer did something wrong.  So again, YOU would be on the hotseat, not the employer.

If you are in a dispute at work or in a legal proceeding, before you make any assumptions or take any actions, ask yourself this: "Who is on the hotseat here?"  That is, ask yourself what the purpose of the proceeding is-- to examine YOUR wrongdoing or the employer's. 

Chances are, the proceeding is geared to investigate your wrongdoing.  Chances are, you are the one on the hotseat.  If you are not sure who is on the hotseat, then don't make any assumptions, and talk to an attorney.

If you are in fact the one on the hotseat, then it is very important you know this: the worst thing to do while on the hotseat is to blame others for their wrongdoing.  If you're accused of starting a fire (falsely or not), then that is not a good occasion to talk about others' tax fraud.

For a more common example, if you are in a disciplinary meeting with management, you should not speak during that occasion (i.e. a proceeding for which you are on the hotseat and being reviewed for accusations against you) about what other people did wrong, about how you are being disciplined unfairly, etc. The hotseat is not the place to cast blame from. Because of the context, people in authority will be suspicious of what you have to say, and think you are playing the blame game; that you are being defensive and trying to divert attention from yourself.  If you case blame from the hotseat, it will only make people more upset, and more inclined to take action against you.

So what DO you do while you're on the hotseat?  Three things.  First, you LISTEN.  Second, you ANSWER. (If no one asks you a question, then you don't say anything).  Third, when you have to answer, you SPEAK WITH FACTS.  Fact-talk is talk like this: "On June 1, the sky was blue."  Blame-talk is like this: "Manager Smith was being unfair and lying when he said the sky was green. That's ridiculous.  Why are you giving me discipline, when he's the one that's wrong?  Management has not given this matter a fair investigation."

Hopefully, what I'm saying gives you pause.  Hopefully, you'll give thorough thought to whether you're on the hotseat, and if so, you'll take great care not to cast blame. 

If you have any doubts, talk to an employee rights attorney to sort it out before you say or do something that may make the hotseat hotter!

If you are an H-1B worker with unpaid wages, as we have described before, there is a 1-year deadline for a particular type of legal complaint you could pursue.  That is, there is 1-year deadline to file a WH-4 complaint at the U.S. Department of Labor (DOL).

We have found that many H-1B workers (whether they have read our blog or not) are aware that a WH4 complaint can be pursued at DOL as a way to seek unpaid wages.

However, some H-1B workers who are past the 1-year deadline for a WH4 complaint may assume they have lost their chance to pursue unpaid wages.

Please know that often this is not the case.  There often are options an H-1B worker can consider when the unpaid wages were earned more than one year ago.  For example, several Federal and State laws (unlike the H-1B regulations and WH4 process) allow deadline periods of 2-6 years to pursue unpaid wages.  So, if an H-1B worker's employer had failed to pay wages that were due more than a year ago, that worker-- while not having options at DOL per the WH4  complaint process-- may well have options under other Federal or State laws.  The attorney-authors of this blog can speak to this firsthand, as we have represented H-1B workers in several legal actions with legal claims seeking wages owed from several years prior.

The take-home points for you, as an underpaid H-1B worker, are these: (1) if you're owed wages from more than one year ago, don't assume you are beyond all legal deadlines to pursue those wages, unless a competent attorney tells you that following a consultation; and (2) if you are interested in a potential legal complaint, promptly have an attorney evaluate your situation, potential legal claims, and deadlines.  The longer you wait, the more likely it is that all applicable legal deadlines will pass.

Before they retained us, many underpaid workers we represent had tried to get their unpaid wages by themselves and without an attorney. The workers tried to (1) get the wages directly from the employer, via complaining or negotiating; (2) filed a legal complaint with a government agency; or (3) took both of these actions.

Many underpaid workers who take action without an attorney are unsuccessful. There are a number of reasons for this, not all of which we'll discuss in this article.

But one big reason underpaid workers fail to obtain their wages is this: they do not know that obtaining unpaid wages is a process.

You cannot expect unpaid wages to be paid to you until the required process has been completed.  Much like a baby cannot be born unless and until a process (namely, pregnancy) has taken place, as well as the related passage of time needed for that process (often, close to 9 months), and the related work (addressing medical needs, dietary and physical needs, etc.).

Do you know all the different processes that could lead to you obtaining your unpaid wages?  Do you know all the potential risks and benefits of pursuing each process (and are you SURE about that)? Do you know which process is the best one to pursue?  Do you know how much time that process is likely to take, and all the work/tasks that are necessary for that process?

If you don't have good answers to these questions, an experienced wage attorney will.  That's not to say you must retain an attorney, or that you must pursue any particular process.  But if you fail to realize there IS a process involved with an unpaid wage matter, and fail to consider the questions above, then you are less likely to be successful in obtaining your unpaid wages and otherwise achieving what you want to.

Peterson, Berk & Cross Attorney Amy Risseeuw will speak at the Wisconsin Association for Justice (WAJ) spring seminar on March 23, 2012 in Green Bay, WI.

Amy's presentation is titled "Surviving an Appeal."

For more information about the WAJ seminar and presentations, or to register, you can visit this WAJ website

Peterson, Berk & Cross Attorney Amy Risseeuw will speak at the Wisconsin Association for Justice (WAJ) spring seminar on March 23, 2012 in Green Bay, WI.

Amy's presentation is titled "Surviving an Appeal."

For more information about the WAJ seminar and presentations, or to register, you can visit this WAJ website.

Peterson, Berk & Cross Attorney Amy Risseeuw will speak at the Wisconsin Association for Justice (WAJ) spring seminar on March 23, 2012 in Green Bay, WI.

Amy's presentation is titled "Surviving an Appeal."

For more information about the WAJ seminar and presentations, or to register, you can visit this WAJ website.

Peterson, Berk & Cross Attorney Amy Risseeuw will speak at the Wisconsin Association for Justice (WAJ) spring seminar on March 23, 2012 in Green Bay, WI.

Amy's presentation is titled "Surviving an Appeal."

For more information about the WAJ seminar and presentations, or to register, you can visit this WAJ website.