It is a brave new world of workplace investigations. He-said/she-said has been replaced by “let’s go to the tape.”Read More
In this case, a settlement that will not throw the employer into bankruptcy is a win. It is important to do everything you can to lessen the potential pool of damages available to the plaintiff. Read More
The quickest way to ensure that generalized workplace bullying becomes illegal is for employers to continue to ignore it.
What’s striking is that the behaviors identified in the Richie Incognito/Miami Dolphins report are comparable to what has occurred in law firms, accounting practices, health care institutions and academia.
Unless bullying involves discrimination, it’s mostly legal to be a jerk at work. Some are trying to change that.Read More
Unless a bully is harassing someone because of a protected class (race, sex, age, disability, religion, national origin) bullying is probably legal.Read More
Even though the court concluded that the alleged harassment constituted one single incident, it was sufficiently severe such that a jury could conclude that it constituted a hostile work environment.
Victims have reported that their attackers were the very people to whom they were required to report attacks. This system may cause complaints to be ignored or dismissed and the claimants ostracized or retaliated against. Read More
Employers in several states successfully fought off or stalled the implementation of such laws throughout 2012, often by arguing that employee safety, private property rights and workers' compensation costs are at stake.Read More
For what it's worth, and because these events of unmistakable tragedy seem to be occurring at a more rapid clip, let me share some of my previous thoughts on how to cope when violence invades the workplace.Read More