AHI's Employment Law Today - What Employees Consider To Be Bullying Behavior May Surprise You

Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

May 9 , 2007 — Volume 9, Number 2

A Malaysian employee was terminated for misconduct after her employer discovered that she sent e-mails from an office computer to friends griping about her superiors. She challenged the dismissal as unfair because her words weren't meant to undermine her superiors; they were only meant as gossip. Surprisingly, though maybe not in Malaysia, she won and was awarded back wages and compensation amounting to approximately $19,000. According to the court, "derogatory, insolent, and impertinent" words said directly to a superior would amount to terminable misconduct, "but if those words are only used behind their backs and only between a few friends," the behavior doesn't amount to misconduct.

IN THIS ISSUE:

1. Feature Story: What Employees Consider To Be Bullying Behavior May Surprise You

2. Congratulations! You've Got Yourself A Lawsuit

3. HR Soapbox: Recycle Every Day, Not Just On Earth Day

Share The Knowledge:

Forward this newsletter to a colleague.

Subscribe to AHI's Free
E-Mail Newsletters:

• HR Soapbox
• Benefits Alert
• Employment Law Today

View samples and subscribe by visiting
our website.

1. FEATURE STORY:
WHAT EMPLOYEES CONSIDER TO BE BULLYING BEHAVIOR MAY SURPRISE YOU

The phrase "bullying behaviors" brings to mind acts of physical or emotional abuse. Sarcastic jokes or rude interruptions aren't typically thought of as bullying by most of today's employers. But, according to a recent survey, that's exactly how employees interpret those behaviors. Not only are employees tagging some surprising behaviors abusive, but they're also demanding protections from such abuse, and the states are starting to pay attention.

The Employment Law Alliance, a San Francisco-based group, conducted a telephone survey of 1,000 adults and detailed interviews with 534 full- and part-time working adults. The study, released in March, focused on bullying behavior that does not rise to the level of illegal discrimination or harassment.

Of those surveyed, 44% said they have worked for a supervisor or employer who they considered abusive. The top five abusive behaviors employees have witnessed or heard about supervisors/employers engaging are: sarcastic jokes/teasing (60%); criticism of performance in front of co-workers (59%); interrupting in a rude manner (58%); dirty looks (56%); raised voice/yelling (55%). Rounding out the top 10: ignoring a person as if he/she is invisible; personal insults; demeaning/embarrassing an individual; spreading rumors/confidential information; inappropriate physical contact.

Employees are tired of their bullying bosses and want more solutions, the survey also revealed. 64% think they should have the right to sue and recover damages.

Those employees may eventually have a legal leg to stand on for being subjected to intimidating and abusive behavior that does not fit into the categories of sexual, racial, religious, etc., harassment, if state legislatures succeed in getting their proposed laws enacted.

States Taking A Stand

Legislation based on the model "Healthy Workplace Act" has been proposed in approximately 12 states, including California, Connecticut, Hawaii, Kansas, Massachusetts, Missouri, Montana, New Jersey, New York, Oklahoma, Oregon, and Washington. Such a law would generally make abusive, bullying behavior tantamount to sexual harassment.

For example, Connecticut's proposal (Senate Bill 371) would make it illegal to subject an employee to an abusive workplace, defined as one where an employee is subjected to abusive conduct that is so severe it causes physical or psychological harm to him/her.

Message To Employers

The survey findings and state actions send the message that despite anti-harassment and discrimination laws, employees believe that not enough is being done to protect them and to put an end to abusive behavior in the workplace.

However, by taking a stand against abusive and bullying behavior in your workplace — no matter who the bullies are — you will show those employees that they don’t need to involve a judge or jury.

Make typical bullying behaviors part of your company's anti-harassment policy. (Use the examples from the survey results as your guide.) The policy should also: advise employees how to report violations; prohibit retaliation for filing a complaint; state that complaints will be treated confidentially and investigated promptly; and specify discipline for policy violations. Distribute the policy to all staff members.
Have a conflict resolution mechanism in place. Train selected employees in conflict management and mediation, or create an open-door policy and invite employees to use it when conflicts arise.
Demand respectful treatment of and by all employees. Punish violators, and reward civility. For example, performance appraisal criteria should include attitude, teamwork, and ability to get along with others.
Keep an eye on personality conflicts between managers and subordinates, and generally combative or controlling personality types, to ensure that bullying behavior is not allowed to emerge. Follow up to ascertain whether a conflict has truly been resolved.

CAN ANY OF YOUR HR POLICIES & PROCEDURES LAND YOU IN LEGAL PERIL?

With so many changing rules and regulations, it's likely that one or more of your human resources practices and procedures may be in violation of a state or federal employment law. The only true way to ensure your organization is conducting its operations in full compliance with the law is to regularly conduct an HR audit.

That's where we can help. During AHI's web conference: Conducting An HR Audit: Ensuring Your Policies And Procedures Are In Full Compliance With The Law, Robert Brody, Esq., will walk you through the questions you should be asking yourself to uncover potential legal liability in your organization. He will also review the most common errors in policies and procedures that trip up employers like yourself.

Don't wait until an expensive lawsuit or government investigation forces you to learn about your obligations...register today for:

CONDUCTING A HUMAN RESOURCES AUDIT:
Ensuring Your Policies And Procedures Are In Full Compliance With The Law

90-Minute Live Web Conference
Tuesday, May 22, 2007
1:00 PM Eastern Time
Robert Brody, Esq.

CONGRATULATIONS! YOU'VE GOT YOURSELF A LAWSUIT

You know how anything you say "can and will be used against you in a court of law." Discover what one manager didn’t say and how his silence is...View the full story on our website.

FREE REPORT

Check out the new Free Report, "Workplace Violence: It Could Happen To Your Organization," which explores the many forms workplace violence can take, how to legally screen out potentially violent applicants from the hiring process, FBI-identified personality traits of employees at risk for violent behavior, what to consider when sizing up your organization's physical security, and the basic provisions to include in a violence prevention policy.

HR SOAPBOX: RECYCLE EVERY DAY, NOT JUST ON EARTH DAY

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Recycle Every Day, Not Just On Earth Day," in which an editor gives helpful tips for being earth-friendly in the workplace.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

3.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

4.
AHI's Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you'll need.

5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.