IN THIS ISSUE:

1. Feature Story: Fighting Back Against Workplace Bullying

2. Cathie's Corner: When The Entitlement Mentality Hits Economic Reality

 
3. Double Performance Improvement Plan Standards 

4. Free Report: Genetic Information Nondiscrimination Act (GINA) Becomes Law

5. HR Soapbox: Business Travel Can Be Messy Business 

AHI's We Couldn't Make This Up

The Three Stooges have caused millions to laugh, but three FBI agents are no Moe, Larry, and Curly. A Stooges-inspired "noogie" has the agents on the termination chopping block. A male agent gave the noogie to a female federal prosecutor without her consent. The other male agents watched and later lied about the incident when questioned. An FBI spokesperson said that while the agents have not yet been officially fired, it's likely they will be. No one's laughing now.

1. FEATURE STORY:
FIGHTING BACK AGAINST WORKPLACE BULLYING

According to a study released earlier this year by researchers at the University of Manitoba, the emotional toll of workplace bullying is more severe than that of sexual harassment. "As sexual harassment becomes less acceptable in society, organizations may be more attuned to helping victims, who may therefore find it easier to cope," said lead author M. Sandy Hershcovis, Ph.D. "In contrast, non-violent forms of workplace aggression such as incivility and bullying are not illegal, leaving victims to fend for themselves."

While bullying that is not based on a protected characteristic is sure to fall through the cracks of anti-harassment laws, a recent Indiana supreme court ruling highlights that there are other legal remedies available to victims.

In the case before the court, a surgeon, allegedly angry at an employee for previously filing complaints about his treatment of employees, aggressively and rapidly advanced on the employee with clenched fists, piercing eyes, a beet-red face, and popping veins, and screamed and swore at him. Believing that the surgeon "was going to smack the s*** out of [him] or do something," the employee backed up against a wall and put up his hands. The surgeon stopped in his tracks, turned, and stormed past the employee, saying: "You're finished, you're history."

Two of the employee's subsequent claims against the surgeon went to trial. An expert testified that the surgeon's behavior was that of a "workplace abuser" engaging in "an episode of workplace bullying." In determining whether an assault (claim #1) occurred, it didn't matter that the surgeon did not physically harm the employee; as the Indiana supreme court later noted, "any act of such a nature as to excite an apprehension of battery may constitute assault. It is an assault to shake a fist under another's nose." The court upheld a $325,000 jury verdict against the surgeon for assault.

Even though a jury found that the surgeon did not engage in intentional infliction of emotional distress (claim #2), the Indiana supreme court held that workplace bullying could be considered a form of emotional distress. (Raess v. Doescher, IN Sup. Ct., No. 49S02-0710-CV-424, 2008)

A Team Effort

The surgeon's employer might not have been on the legal hook for his actions, but chances are good that it was already paying the price in terms of low staff morale and retention rates. The study reported that bullied employees were more likely to quit their jobs and have higher levels of anxiety and anger than employees who were sexually harassed.

To rid the workplace of bullying behaviors, you need to enlist the help of managers and employees.

HR's message to managers:

• Watch for warning signs. Is there a high rate of turnover in a particular department? Are the problems of a department being blamed on a specific person?
• Separate the target from the bully.
• Gather evidence. Recognize that witnesses might be hesitant to come forward for fear of retaliation by the bully.
• Confront the bully with the consequences of his/her behavior.
• Never downplay an employee's complaint that he/she is being bullied, and avoid forcing the employee to confront the bully alone.

HR's message to employees:

• Use the company's complaint system if you are being bullied.
• If your manager is the bully, bypass the chain of command and file a complaint with HR.
• Realize that you've done nothing to deserve being bullied.

2. CATHIE'S CORNER:
WHEN THE ENTITLEMENT MENTALITY HITS ECONOMIC REALITY

If you were to take a survey of any given 100 people that you stop on the street, I'll bet that 90% of them believe that one or more of the following benefits are required by law:

• Paid vacation
• Paid holidays
• Premium pay for working on a holiday
• Health insurance
• A 401(k) plan or pension plan

And probably a good many others...Continue the story.

Catherine Bannon is an HR consultant in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting practice.

3. DOUBLE PERFORMANCE IMPROVEMENT PLAN STANDARDS

No two performance improvement plans will be exactly alike. That's because no two employees will have the exact same performance problems. But the plans shouldn't be so different that a reasonable person questions...Continue the story.

4. FREE REPORT:

GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) BECOMES LAW

Check out the Free Report, "Genetic Information Nondiscrimination Act (GINA) Becomes Law," which summarizes new legislation that was signed by President Bush on May 21, 2008. The report contains a synopsis of all three parts of GINA: nondiscrimination provisions related to employers, nondiscrimination provisions related to health plans, and an amendment to the Fair Labor Standards Act. Specifically, learn what employment actions employers can and cannot take when it comes to the genetic information of their employees and employees' family members.

5. HR SOAPBOX:
BUSINESS TRAVEL CAN BE MESSY BUSINESS

As I sit here slurping my Maui Wowi^® Hawaiian smoothie, complete with a little drink umbrella sticking merrily out the top, I'm reminded of all the time I spent traveling on business the last couple of summers, when I was working at a...Continue the story.