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The Excuse Factory [Hardcover]

Walter Olson (Author)
3.6 out of 5 stars  See all reviews (5 customer reviews)


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Book Description

June 3, 1997
In "The Litigation Explosion", Walter Olson exposed the irrational incentives within the legal system that have made America the world's most litigious society. Now Olson has trained his considerable investigative talents on another aspect of the legal system: employment law.

"The Excuse Factory" goes right to the heart of the increasingly absurd American workplace, showing how Kafkaesque employment laws make it nearly impossible to fire even the most incompetent and unmotivated workers. Employers have become understandably nervous about firing someone lest it open them up to a lawsuit, no matter how frivolous. They would rather tolerate bad employees than remove them-- a choice that has profound implications for the future of business, the American economy, and our collective mental health.

From the merely annoying, like the chronically late secretary, to the extremely dangerous, like the alcoholic airline pilot, Olson shows how the legal system coddles those who least deserve it. In the name of protecting victims of discrimination with laws like the Americans with Disabilities Act and the 1991 Civil Rights Act, we have made it tremendously difficult just to get people to do their jobs.

Olson gives eloquent voice to this mounting workplace crisis. As the corporate environment degenerates to the lowest common denominator, the frustration and anger among the majority of workers who do pull their own weight is palpable. Enshrining mediocrity in the workplace imposes high costs on society-- costs reflected in lost jobs, lost wages, reduced safety, and rising aggravation.

"The Excuse Factory" will spur outrage and spark a national debate about the role of government in the workplace. Olson's expose is certain to shake up the legal industry, rattle government regulators, and cause thousands of workers and managers to nod in vigorous agreement.



Editorial Reviews

Amazon.com Review

The author of The Litigation Explosion returns with a forceful account of how employment law increasingly makes mediocrity the norm of the American workplace. Thanks to the unintended consequences of well-meaning laws such as the Americans with Disabilities Act, it is now increasingly difficult to fire slacking employees for perfectly justifiable reasons. Olson tells story after story of abuse, including one in which a jury awarded nearly $200,000 to a man fired for showing up late to work 215 times in a two-year period. This hurts employers who need productive staffs and insults hard-working people everywhere. The Excuse Factory is hands-down one of the best books available on America's faltering legal system.

From Booklist

Olson created a stir with The Litigation Explosion (1991) when he took on product-liability and personal-injury lawyers, highlighting abuses within the legal system and issuing a call for reform. This new attack on employment law will also roil. Olson is a senior fellow at the Manhattan Institute, a conservative public policy think tank. He argues that discrimination and harassment laws, rights for the handicapped and other groups, the "accommodation" of such personal problems as alcohol and drug abuse in the workplace, and the decline of "employment at will" have all created a climate in which managers fear disciplining or discharging difficult or incompetent employees. There is no denying that Olson's case studies, statistics, and anecdotal examples uncover disturbing contradictions and misapplication of the law, and it is clear that Olson's real target is the lawyers who press the resulting lawsuits. But underlying his argument is the assumption that all bosses are reasonable and fair-minded. That may not always be the case. David Rouse

Product Details

  • Hardcover: 384 pages
  • Publisher: Free Press (June 3, 1997)
  • Language: English
  • ISBN-10: 0684827328
  • ISBN-13: 978-0684827322
  • Product Dimensions: 9.6 x 6.5 x 1.2 inches
  • Shipping Weight: 1.5 pounds
  • Average Customer Review: 3.6 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #1,580,901 in Books (See Top 100 in Books)

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Customer Reviews

5 Reviews
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4 star:
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Average Customer Review
3.6 out of 5 stars (5 customer reviews)
 
 
 
 
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9 of 10 people found the following review helpful:
4.0 out of 5 stars Makes for a fascinating read on the impact of Employment law, April 18, 2003
By 
Harinath Thummalapalli (Austin, TX United States) - See all my reviews
(REAL NAME)   
In the last decade or so, Employment Laws in America have become more and more complex. Whether you are a start-up business owner or a manager in a big company, you are going to spend some time trying to understand the impact of these new laws on your own situation. There are now countless books, seminars,etc. designed to help you get up to speed on the latest and the greatest interpretations of the numerous Employment Laws. Of course, getting up to speed is no guarantee that you won't get sued. Even you haven't done anything wrong, you can still get sued. You are just better equipped to go through the legal process and hopefully win the lawsuit. This is what the author of the book is trying to prove - how these new laws are paralyzing Corporate America.

The author goes takes an indepth look at several laws like the American with Disabilities Act and gives countless examples of how these laws may not necessarily be accomplishing their original purpose.

Having recently started a small business, and wanting to be proactive in understanding the law, I decided to learn all the laws that apply to me as a small business owner. I have been completely overwhelmed by how many laws there are and how difficult it is to fully understand or correctly interpret their implications. After two years of slowly getting up to speed by reading books by publishers like Nolo (that offer excellent interpretations of various laws), I was thoroughly fascinated by The Excuse Factory. It is like reading a book with several short stories except these are real life stories of the history behind these laws and the cases that resulted in the current state of the laws.

The writing style of the author keeps the reader engrossed in the book. There is a sense of drama throughout the book and going through the book can be an emotional roller coaster ride. Fortunately, the various chapters in the book can be read independently without losing the gist of what the author is trying to communicate. So, you can read the book in several sessions spread out over time based on how much of the roller coaster ride you can take on any given day.

Though at first glance it may seem like the author is against these new laws, after digging deep into the book it becomes clear that the author is fairly objective in capturing both sides of the story. The author is just trying to present to the reader the way things are right now. These laws were instituted to provide justice and fairness. But those are difficult ideals to achieve and the downside of these laws could be a result of that difficulty. Hopefully over time, these laws will self-correct (as a result of public intervention, of course). I definitely plan on reading the author's other books and am eagerly looking forward to the experience. He has a sharp insight and is not afraid to state his opinions. I can't wait to see what other aspects of the legal system he tackles next. Enjoy reading this legal drama!

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8 of 11 people found the following review helpful:
5.0 out of 5 stars The Truth is Out!, June 30, 1997
By A Customer
This review is from: The Excuse Factory (Hardcover)
A compelling account of the current situation of the workplace in the United States today. This book answers many questions including why comapnies leave incompetent wokers in positions which might later result in injury and or problems for other workers. The author is a well known outspoken reporter of many of the problems in our society. This book reveals the paralysis in the workplace today
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10 of 32 people found the following review helpful:
2.0 out of 5 stars For those who believe government and workers are all bad, June 25, 1997
By A Customer
This review is from: The Excuse Factory (Hardcover)
Gosh, what a shocking revelation! Out of the millions of people fired every year, thousand sue their employers, and dozens receive judgments that are too high or maybe even totally undeserved. This book is only for those who think stories about welfare Cadillacs and $1000 dollar toilet seats are great journalism. Every single law which allows one person to sue another has some abuses, but if it weren't for private lawsuits, American commerce would become the playground of cheats and knaves. Our economy depends on the ability to trust those with whom you do business and to recover from those who prove they don't deserve that trust. Like so many others today, this author would have the reader believe that discrimination laws solve a problem which doesn't really exist. If you already are so silly as to believe that there isn't a great deal of employment discrimination on the basis of race, sex, disability, and age, then you don't need to buy this book to get phony support for your beliefs. If you live in the real world, you can get better laughs from Dilbert than from this nonsense
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Inside This Book (learn more)
First Sentence:
When Martin K. joined the Boston police force, the application form included a question about whether he'd ever been admitted to a hospital. Read the first page
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York Times, Disabilities Act, Social Security, Los Angeles, First Amendment, San Francisco, Civil Rights Act, Blue Cross, Wards Cove, Washington Post, Ninth Circuit, Harvard Law Review, United States, Alan Koral, Boston Globe, Eighth Circuit, Employment Act, American Civil Liberties Union, Barbara Lee, Claude Pepper, Equal Employment Opportunity Commission, Mission Bay, New Haven, Second Circuit, Suffolk County
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