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Category Archives: Harassment

There’s Positive Stress and Then There’s the Other Kind.

11 Thursday Aug 2016

Posted by Celia C. Elwell, RP in Bullying, Employment Law, Harassment, Law Office Management, Marketing, Office Procedures

≈ Comments Off on There’s Positive Stress and Then There’s the Other Kind.

Tags

Celeste Duke, Diversity Insight Blog, Law Office Management, Workplace Bullying

Stress at Work: Defining the Line Between Motivation and an Abusive Workplace, by Celeste Duke, Diversity Insight Blog

http://bit.ly/29Nja5b

Regardless of whether you are a lawyer or legal professional, if you have been out there for a while, you have run into a “bad” boss. They are described in different ways – bully, perfectionist, bi-polar, belittling, and just plain unpleasant – but they are all accomplish at least one thing. They chase off good employees, and make an associates’ and staff’s miserable.

Many rules in a law office may not make sense to the uninitiated. Usually strict rules accompanied with micro-management are a red flag. New hires will likely inherit left over residue from a former employee who abused the rules so badly and frequently that management adopted more restrictive rules. It doesn’t matter that the bad apple is no longer there. New employees are stuck with jumping through the hoop actually designed for a former employee.

If you are interviewing and the office manager asks whether you mind working with difficult people, that is clearly a red flag. Ask why a position is open. Often, when all other things are equal, someone who works for a good boss rarely leaves a job.

If you have a boss who is truly making you miserable or has made it clear you are as far up the ladder as you will go, it doesn’t hurt to polish up your resume and stick your toe in the water. As a good friend once said that, when it comes to job hunting, you can always shop but you don’t have to buy.

If you have found that the nice prospective boss in the interview has turned into an extremely difficult tyrant, of course you have options. But, to be on the safe side, you may want to polish your resume and start putting out feelers. There is a difference between positive stress and the extremely destructive kind. Before this boss has destroyed any self-confidence you have left, get out of there.

Happily, not all attorney supervisors believe that intimidation and abusive behavior is the best way to encourage quality work and employees. Some people even thing that positive reinforcement, team work, and mutual respect and consideration actually improve employee performance and enhance the firm’s overall quality. What a concept! – CCE

In the movie Glengarry Glen Ross, Blake is a trainer sent by corporate to motivate a sales team. In addition to offering helpful gems like the acronym ABC to remind the salesmen that they should ‘always be closing,’ he repeatedly berates them and calls them names while bragging about his own success. He tells the team about a new sales competition that week: First place gets a Cadillac, second place gets a set of steak knives, and third place gets fired.

We hope you have never had a boss like Blake, but it’s likely that you recognize shades of his character in past managers, coworkers, or even a current manager in your organization. You want managers to push employees to do good work and get the best results for the company, but it can be hard to know how far is too far. During his ‘motivational’ speech, Blake asks one salesman, ‘You think this is abuse?’ As it turns out, it just might be, and this could be a new frontier in employee claims.

Continue reading →

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Valentine’s Day Regrettable Bad Influence at The Workplace.

14 Saturday Feb 2015

Posted by Celia C. Elwell, RP in EEOC, Employment Law, Harassment, Sexual Harassment

≈ Comments Off on Valentine’s Day Regrettable Bad Influence at The Workplace.

Tags

Connecticut Employment Law Blog, Daniel Schwartz, Employment Law, Sexual harassment, Valentine's Day

More Examples of Why Valentine’s Day is a Bad Day for Employers, by Daniel Schwartz, Connecticut Employment Law Blog

http://tinyurl.com/pnzmh49

A little something for Valentine’s Day. -CCE

Two years ago, I wrote of the perils of Valentine’s Day.  While it may be a day for lovers, it is also a day where people do crazy (read: stupid) things.

I am not talking about Crazy. Stupid. Love. (Good movie, silly name.)

I’m talking about things that can lead to a sexual harassment lawsuit.

Not convinced? Well, since 2011, there are still more cases that have arisen where Valentine’s Day figures prominently. Here are two prime examples. . . .

Continue reading →

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Abusive Bosses Learn by Playing Follow The Leader. Is It That Simple?

17 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Bullying, Employment Law, Harassment, Hostile Work Environment, Law Office Management, Management

≈ Comments Off on Abusive Bosses Learn by Playing Follow The Leader. Is It That Simple?

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Bullying, Child Abuse Syndrome, Employment Law, HBR Blog, Hostile Work Environment, Law Office Management, the careerist blog, Vivia Chen

My Boss / My Self, by Vivia Chen, the careerist blog

http://thecareerist.typepad.com/thecareerist/2013/01/are-you-mean-and-nasty-at-work-.html

I’ve heard bosses give this reason before. “I used to be a nice person.” At least they see it. Some don’t or won’t. So what happened? -CCE

Do you ever feel like wringing the necks of underlings who seem incapable of following your directives? Okay, so who hasn’t? But do you go one step further—like berating or humiliating them?

If you are becoming short-tempered, mean, or just nasty at work, don’t blame it on your crushing workload. According to a study described in the Harvard Business Review Blog, you might be modeling your behavior after your own boss.

It’s the child abuse syndrome: Those who were abused end up as abusers themselves.

The study, which was conducted by Christine Porath of Georgetown University and Christine Pearson of the Thunderbird School of Global Management, finds that 60 percent of employees ‘blame their bad behavior on being overloaded at work.’ But the research indicates other dyanamics in play, writes the authors in HBR Blog:

In one of our surveys, 25 percent of managers who admitted to having behaved badly said they were uncivil because their leaders—their own role models—were rude. If employees see that those who have climbed the corporate ladder tolerate or embrace uncivil behavior, they’re likely to follow suit.

Of course, it doesn’t take a management genius to figure out that having an office full of bullies and victims doesn’t make for a productive workplace. The report finds:

– 48 percent of employees intentionally decreased their work effort.

– 47 percent intentionally decreased their work time.

– 80 percent lost work time worrying about their treatment.

– 66 percent said that their performance declined.

So what can businesses do to eradicate workplace incivility? . . .

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Amazon And Other Firms Cited By OSHA For Worker’s Death.

22 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Anti-Retaliation, Bullying, Employment Law, Government, Harassment, Hostile Work Environment, OSHA

≈ Comments Off on Amazon And Other Firms Cited By OSHA For Worker’s Death.

Tags

Amazon, ESH, Josh Cable, OSHA, Safety Violations, Workplace Safety

OSHA Cites Five Firms After Temporary Worker Dies at Amazon Fulfillment Center, by Josh Cable, ESH Today

http://tinyurl.com/pcdgyuh

Please note the related article at http://tinyurl.com/mwj773o, Amazon Makes Shopping Easy … But at What Cost to Workers? by Laura Walter, ESH Today. -CCE

 

An OSHA investigation into the death of a temporary worker at an Amazon fulfillment center in Avenel, N.J., has prompted the agency to cite five firms for safety violations.

On Dec. 4, 2013, temporary worker Ronald Smith died after he was caught in between a conveyor system and crushed while performing sorting operations at the Amazon facility.

Based on its investigation into the fatality, OSHA has cited five companies for serious violations, including the contractor responsible for operating the facility, and four temporary staffing agencies. . . .

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Note Limited Time to File Employment Discrimination Charge!

14 Saturday Jun 2014

Posted by Celia C. Elwell, RP in Anti-Retaliation, Bullying, Disabilities, EEOC, Employment Law, Fair Labor Standards Act, Gender Discrimination, Harassment, Hostile Work Environment, Minimum Wage, Overtime, Pregnancy Discrimination, Race Discrimination, Sexual Harassment, Wrongful Termination

≈ Comments Off on Note Limited Time to File Employment Discrimination Charge!

Tags

Anti-Discrimination, EEOC, Employment Law, EPA, Equal Pay, Harassment, Sex Discrimination, Title VII

Time Limits For Filing A Charge, U.S. Equal Employment Commission

http://www.eeoc.gov/employees/timeliness.cfm

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

Note: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances.

Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. . . .

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New Standard for Proving Sexual Harassment.

27 Sunday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Law, Employment Law, Gender Discrimination, Harassment, Hostile Work Environment, Sexual Harassment

≈ Comments Off on New Standard for Proving Sexual Harassment.

Tags

Hostile Work Environment, Lexology, Parker Poe Adams & Bernstein LLP, Sexual harassment, Title VII

Two New Cases Demonstrate High Bar For Proving Sexual Harassment, by Parker Poe Adams & Bernstein LLP, Lexology®, in cooperation with Association of Corporate Counsel

http://tinyurl.com/luwkehs

Not all sex-related behavior in the workplace gives rise to an actionable claim for sexual harassment. In order to violate Title VII, the actions complained of must be unwelcomed, and must create a hostile and offensive working environment based on the victim’s gender. Two new federal appellate cases show how alleged workplace behavior can be obnoxious and unwelcomed, and yet still fail to reach this threshold. . . .

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Negative Emotions At Work – You Don’t Have To Say A Word.

21 Friday Mar 2014

Posted by Celia C. Elwell, RP in Bullying, Employment Law, Harassment, Hostile Work Environment, Law Office Management, Management

≈ Comments Off on Negative Emotions At Work – You Don’t Have To Say A Word.

Tags

Crystal Spraggins, Employment, Negativity, TLNT The Business of HR, Work Environment

Managing Emotions on the Job: The Best Reaction is Usually No Reaction, by Crystal Spraggins, TLNT, The Business of HR

http://tinyurl.com/p744kn9

My Mom used to say that you can be part of the answer or part of the problem. Here is some good advice on how to part of the answer, regardless of whether you are at work or in any other group environment. -CCE

Back in the days when I made my living as an editor, I used to go to a good number of conventions.

One afternoon, while on the phone with an author (let’s call her Jane), the conversation veered to one of these upcoming meetings.

Without warning, Jane said, “I guess Pierre [my boss at the time—not his real name], will be dragging out that ratty black jacket he always wears. God that thing is awful. I wonder where he got it? He’s the worst dresser I’ve ever met.” Then she was silent.

And I was dumbstruck.

An important work lesson

I didn’t know what to say. Should I disagree and defend my boss? (“I don’t think the jacket’s that bad, Jane. Plus, it’s not nice to gossip.”)

Or should I agree with her? (“Oh boy, you hit the nail on the head with that one, Jane! And he’s French, too? I thought good taste in clothing was de rigueur.” Tee hee.)

Either way, this was an important client relationship, I liked my boss and I didn’t want to get into it.

And then it hit me: I didn’t have to say a word. . . .

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Sexual Harrassment of Receptionist by Patient Costs Employer $30,000.

25 Monday Nov 2013

Posted by Celia C. Elwell, RP in EEOC, Employment Law, Harassment

≈ Comments Off on Sexual Harrassment of Receptionist by Patient Costs Employer $30,000.

Tags

EEOC, Employment Law, Manatt Phelps & Phillips LLP, Sexual harassment

Third-party harassment costs employer $30,000, by Sharon B. Bauman, Alan M. King, Stanley W. Levy and Andrew L. Satenberg, Manatt Phelps & Phillips LLP

http://tinyurl.com/pen4et7

Why it matters: Employers, take note: harassment in the workplace can be committed not just by supervisors and coworkers, but by third parties such as customers, patients, clients, delivery people, or repair workers. The settlement in the Ross case (EEOC v. Southwest Virginia Community Health System) should remind employers that regardless of the source, sexual harassment cannot be tolerated in the workplace – or liability may result.

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“Supervisor” Defined by U.S. Supreme Court

04 Monday Nov 2013

Posted by Celia C. Elwell, RP in Employment Law, Harassment, Race Discrimination, Trial Tips and Techniques, United States Supreme Court

≈ Comments Off on “Supervisor” Defined by U.S. Supreme Court

Tags

Discrimination, Harassment, Supervisor, Title VII, United States Supreme Court

Supreme Court refines Title VII standards, by Kevin B. Leblang and Robert N. Holtzman, Kramer Levin Naftalis & Frankel LLP

http://bit.ly/1a45PkL

On June 24 2013 the US Supreme Court handed down opinions in two cases refining the standards applicable to claims under Title VII of the Civil Rights Act of 1964. First, the court ruled that only employees with the authority to hire, fire or promote the alleged victim will be considered supervisors for purposes of Title VII harassment suits. Second, the Supreme Court applied a strict and employer-friendly causation standard to Title VII retaliation claims.

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