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	<title>Comments on: New type of lawsuit: Bullying</title>
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		<title>By: Jennifer</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-19152</link>
		<dc:creator>Jennifer</dc:creator>
		<pubDate>Sat, 22 Aug 2009 05:50:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-19152</guid>
		<description>I currently am being &quot;bullied&quot; at my current job.  I was finally forced to seek employment elsewhere.  One more week and I&#039;m done, and it can&#039;t be soon enough.  Even after giving my two week notice, I&#039;m still being bullied by this person.  Constantly listening to negative comments about myself and other co-workers, unethical and unprofessional behavior by this person and going against company policies is just to much.  The corporation that I work for is the one who hired this person after all, what voice do I feel I have?  None. The sad part is that I really love my job, and put my heart and soul into my work, and because of one person, I know longer have the enthusiasm and motivation to move forward.  I come home every-night in tears.   It&#039;s a matter of not being able to sleep at night and feeling ill.   I am a major contributor in my families income, and with the present condition of the economy the decision to find employment elsewhere did not come easy.  I feel there should be some legal options or even policies implemented in today&#039;s work place so that myself and others do not have to be put through this same kind of treatment and stress.</description>
		<content:encoded><![CDATA[<p>I currently am being &#8220;bullied&#8221; at my current job.  I was finally forced to seek employment elsewhere.  One more week and I&#8217;m done, and it can&#8217;t be soon enough.  Even after giving my two week notice, I&#8217;m still being bullied by this person.  Constantly listening to negative comments about myself and other co-workers, unethical and unprofessional behavior by this person and going against company policies is just to much.  The corporation that I work for is the one who hired this person after all, what voice do I feel I have?  None. The sad part is that I really love my job, and put my heart and soul into my work, and because of one person, I know longer have the enthusiasm and motivation to move forward.  I come home every-night in tears.   It&#8217;s a matter of not being able to sleep at night and feeling ill.   I am a major contributor in my families income, and with the present condition of the economy the decision to find employment elsewhere did not come easy.  I feel there should be some legal options or even policies implemented in today&#8217;s work place so that myself and others do not have to be put through this same kind of treatment and stress.</p>
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		<title>By: Valerie</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-603</link>
		<dc:creator>Valerie</dc:creator>
		<pubDate>Mon, 09 Jun 2008 19:10:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-603</guid>
		<description>This is an excellent discussion. There is hard evidence that workplace bullying exists with one out of six employees having been bullied in their lifetime. THere is the subjectivity of the target&#039;s experience as well which is the challenge of law makers: could people take advantage of these laws? Currently, there are laws in other countries with regard to workplace bullying. Quebec and Saskatchewan in Canada have passed provincial laws and many countries have laws as well. Ideally, companies are to create an environment of a respectful workplace in which good relations can exist. Not all companies have policies, and the ones that do, very few have a means of accountability and protection in order to ward off such behaviors. Severe workplace bullying does occur: work overload, shifting of priorities without the resources to complete tasks, being left out of important information loops, shunning and direct put-downs and over-all being ignored are just some examples. Without naming this as workplace bullying we create confusion. Valerie Cade is a world-wide expert on workplace bullying and her resource is www.bullyfreeatwork.com for free resources for all aspects of workplace bullying.</description>
		<content:encoded><![CDATA[<p>This is an excellent discussion. There is hard evidence that workplace bullying exists with one out of six employees having been bullied in their lifetime. THere is the subjectivity of the target&#8217;s experience as well which is the challenge of law makers: could people take advantage of these laws? Currently, there are laws in other countries with regard to workplace bullying. Quebec and Saskatchewan in Canada have passed provincial laws and many countries have laws as well. Ideally, companies are to create an environment of a respectful workplace in which good relations can exist. Not all companies have policies, and the ones that do, very few have a means of accountability and protection in order to ward off such behaviors. Severe workplace bullying does occur: work overload, shifting of priorities without the resources to complete tasks, being left out of important information loops, shunning and direct put-downs and over-all being ignored are just some examples. Without naming this as workplace bullying we create confusion. Valerie Cade is a world-wide expert on workplace bullying and her resource is <a href="http://www.bullyfreeatwork.com" rel="nofollow">http://www.bullyfreeatwork.com</a> for free resources for all aspects of workplace bullying.</p>
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		<title>By: Michele</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-547</link>
		<dc:creator>Michele</dc:creator>
		<pubDate>Tue, 03 Jun 2008 17:13:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-547</guid>
		<description>I think that there is a lot of merit to bulling in the work place and to have a law or more tools to stop it will assist us greatly.  I also believe that a lot of people in leadership roles suffer from this kind of behavior from people they report to (like a VP) and also for us in the HR department, we are not exempt from receiving this behavir from the people we report to as well.  A lot of times people don&#039;t report it or do not say anything because it would be politically dangarous for your career.</description>
		<content:encoded><![CDATA[<p>I think that there is a lot of merit to bulling in the work place and to have a law or more tools to stop it will assist us greatly.  I also believe that a lot of people in leadership roles suffer from this kind of behavior from people they report to (like a VP) and also for us in the HR department, we are not exempt from receiving this behavir from the people we report to as well.  A lot of times people don&#8217;t report it or do not say anything because it would be politically dangarous for your career.</p>
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		<title>By: Rich Sherman</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-534</link>
		<dc:creator>Rich Sherman</dc:creator>
		<pubDate>Mon, 02 Jun 2008 21:09:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-534</guid>
		<description>TM:

Some people stand up for themselves and are successful at it.  Some do, and are unsuccessful.  Some, because of a variety of economic, social, personal, or even political competing pressures, don&#039;t or can&#039;t stand up.  But that&#039;s not really the point, is it?

Your question, &quot;Does a person have the right to sue because he/she doesn’t have the fortitutde to address his/her own issues?&quot; presupposes that the issue an employee faces is an individual one.  If that presupposition were backed by evidence, I might agree with you.  

The problem is that bullying is never an individual issue; there are always at least two people involved.  It is those two people (at least) that need to be given the opportunity to work it out.  Sometimes, if both parties are rational, reasonable people, they are successful on their own.  

However, the whole topic of bullying involves behavior (even if just perceived behavior, to give meaning to what is apparently your position on this issue) that is NOT rational or reasonable.  The reality unfortunately is that a person, for whatever their own motivations, that uses leverage in the workplace to intimidate, ridicule, threaten, or actually injure another (usually - but not always - a person subordinate to them) is also not a person that can self-recognize the impact and consequence(s) of their behavior - on others or even themselves.  That same person - if the facts show they did what they were accused of doing - would generally attempt to mitigate or wholly evade responsibility for their actions (either because they don&#039;t see them as wrong and are thus justified, or knew they were wrong and were motivated by something else).

Thus the need for law.

If everyone could resolve their &quot;own issues,&quot; there wouldn&#039;t be any need for civil (or, for that matter, criminal) law.  There would be no need for enforcement.  Everyone would act collectively to the betterment of both themselves and others.  The sum of human history, and the very foundations of civil society in developing from the state of nature, teaches us that such is not the case.  People hurt other people, in as many different ways as there are different societal, economic, political and personal relationships.

Or perhaps you know this, and were merely having a visceral emotional reaction to a topic you chose to make a moral judgment on, for whatever your own motivations?</description>
		<content:encoded><![CDATA[<p>TM:</p>
<p>Some people stand up for themselves and are successful at it.  Some do, and are unsuccessful.  Some, because of a variety of economic, social, personal, or even political competing pressures, don&#8217;t or can&#8217;t stand up.  But that&#8217;s not really the point, is it?</p>
<p>Your question, &#8220;Does a person have the right to sue because he/she doesn’t have the fortitutde to address his/her own issues?&#8221; presupposes that the issue an employee faces is an individual one.  If that presupposition were backed by evidence, I might agree with you.  </p>
<p>The problem is that bullying is never an individual issue; there are always at least two people involved.  It is those two people (at least) that need to be given the opportunity to work it out.  Sometimes, if both parties are rational, reasonable people, they are successful on their own.  </p>
<p>However, the whole topic of bullying involves behavior (even if just perceived behavior, to give meaning to what is apparently your position on this issue) that is NOT rational or reasonable.  The reality unfortunately is that a person, for whatever their own motivations, that uses leverage in the workplace to intimidate, ridicule, threaten, or actually injure another (usually &#8211; but not always &#8211; a person subordinate to them) is also not a person that can self-recognize the impact and consequence(s) of their behavior &#8211; on others or even themselves.  That same person &#8211; if the facts show they did what they were accused of doing &#8211; would generally attempt to mitigate or wholly evade responsibility for their actions (either because they don&#8217;t see them as wrong and are thus justified, or knew they were wrong and were motivated by something else).</p>
<p>Thus the need for law.</p>
<p>If everyone could resolve their &#8220;own issues,&#8221; there wouldn&#8217;t be any need for civil (or, for that matter, criminal) law.  There would be no need for enforcement.  Everyone would act collectively to the betterment of both themselves and others.  The sum of human history, and the very foundations of civil society in developing from the state of nature, teaches us that such is not the case.  People hurt other people, in as many different ways as there are different societal, economic, political and personal relationships.</p>
<p>Or perhaps you know this, and were merely having a visceral emotional reaction to a topic you chose to make a moral judgment on, for whatever your own motivations?</p>
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		<title>By: T M</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-532</link>
		<dc:creator>T M</dc:creator>
		<pubDate>Mon, 02 Jun 2008 18:40:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-532</guid>
		<description>I think you either get a back bone or move on. When will the courts stop bullying the american public. Does a person have the right to sue because he/she doesn&#039;t have the fortitutde to address his/her own issues? Come on people where does it all end?</description>
		<content:encoded><![CDATA[<p>I think you either get a back bone or move on. When will the courts stop bullying the american public. Does a person have the right to sue because he/she doesn&#8217;t have the fortitutde to address his/her own issues? Come on people where does it all end?</p>
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		<title>By: Sam</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-530</link>
		<dc:creator>Sam</dc:creator>
		<pubDate>Mon, 02 Jun 2008 16:01:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-530</guid>
		<description>Anne:

I can relate to your situation.

I didn&#039;t call it by name at the time, but I was subjected to workplace bullying for nearly 7 years from the owners of the company I worked for.  It started out slowly and the escalated.  I was not a bad employee.  In fact, I was one of the top producers.  Motivation by fear and intimidation was the way they ran their business.  For the longest time I had the mentality that I needed my job, it was a fact of life in the workplace and I needed to just suck it up and take it.  But eventually it started to effect every area of my life.  I was no longer happy and friendly and optimistic as I had always been.  Friends and family didn&#039;t want to be around me because I was a &quot;downer&quot;.  I was now pessimistic and stressed and the pit I had in my stomach never went away.  Not even on weekends.  No one should have to endure that in the workplace.  It is not healthy and it is not right or ethical.  I finally made the decision that I valued myself even if my employer did not.  It was not easy building up what had been torn down for so long, but I did it.  I have been blessed with a fantastic job for a fantastic company and I am happy and optimistic once again.  I was afraid at first that things would change when the honeymoon stage was over, but I have been with this company for quite some time and  I can&#039;t wait to get up and come to work every day.  For those of you who are still struggling with this beast, let me encourage you to stand up for yourself and remember that you are valuable and even if your current employer doesn&#039;t appreciate you, somewhere out there is an employer who will.  There can be a light at the end of the tunnel.</description>
		<content:encoded><![CDATA[<p>Anne:</p>
<p>I can relate to your situation.</p>
<p>I didn&#8217;t call it by name at the time, but I was subjected to workplace bullying for nearly 7 years from the owners of the company I worked for.  It started out slowly and the escalated.  I was not a bad employee.  In fact, I was one of the top producers.  Motivation by fear and intimidation was the way they ran their business.  For the longest time I had the mentality that I needed my job, it was a fact of life in the workplace and I needed to just suck it up and take it.  But eventually it started to effect every area of my life.  I was no longer happy and friendly and optimistic as I had always been.  Friends and family didn&#8217;t want to be around me because I was a &#8220;downer&#8221;.  I was now pessimistic and stressed and the pit I had in my stomach never went away.  Not even on weekends.  No one should have to endure that in the workplace.  It is not healthy and it is not right or ethical.  I finally made the decision that I valued myself even if my employer did not.  It was not easy building up what had been torn down for so long, but I did it.  I have been blessed with a fantastic job for a fantastic company and I am happy and optimistic once again.  I was afraid at first that things would change when the honeymoon stage was over, but I have been with this company for quite some time and  I can&#8217;t wait to get up and come to work every day.  For those of you who are still struggling with this beast, let me encourage you to stand up for yourself and remember that you are valuable and even if your current employer doesn&#8217;t appreciate you, somewhere out there is an employer who will.  There can be a light at the end of the tunnel.</p>
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		<title>By: Renee</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-529</link>
		<dc:creator>Renee</dc:creator>
		<pubDate>Mon, 02 Jun 2008 10:43:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-529</guid>
		<description>I, along with several other individuals, have been harassed and bullied in our workplace for over two years.  I have been brought to tears several times, and I am currently looking for other employment.  The screaming, harassing, bullying, and just plain torture is out of control.  The sad thing about all of this is that I love my job.  I like what I do, but the constant &#039;bullying&#039; and lack of administrative support has left me no alternative.  I hope for the sake of everyone else involved in our situation and others that there is help in our futures!</description>
		<content:encoded><![CDATA[<p>I, along with several other individuals, have been harassed and bullied in our workplace for over two years.  I have been brought to tears several times, and I am currently looking for other employment.  The screaming, harassing, bullying, and just plain torture is out of control.  The sad thing about all of this is that I love my job.  I like what I do, but the constant &#8216;bullying&#8217; and lack of administrative support has left me no alternative.  I hope for the sake of everyone else involved in our situation and others that there is help in our futures!</p>
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		<title>By: Shannon</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-506</link>
		<dc:creator>Shannon</dc:creator>
		<pubDate>Fri, 30 May 2008 18:07:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-506</guid>
		<description>I think having bullying laws in place is a wonderful idea.  I work for a large company that has ethical procedures in place for the employee to go to if they feel that their rights have been violated, and they are promised no retaliation.  I have used these channels, and the retaliation has run rampant within my department.  Our supervisors are so afraid of our manager, that they have started to mimic his behavior.  

Several people have complained using company channels, and most of us have had some sort of backlash due to bringing attention to our problems.  However the most that happens is a slap on the wrist to management and he continues on his merry way.

I am a good employee.  They pay me to do a job and I do it well, consistently and with the highest results in my department, yet I am always getting into trouble for some perceived incident.  I am not a sue happy person, and I have tolerated my managers behavior for over a year.  A year in which I have looked for work elsewhere, but unless I am willing to move out of state, there is nothing available here.

When you have exhausted the channels your work has set for you, complied with every thing that you were told to do, and you are still being harassed?  What option are they leaving you with other than suing?</description>
		<content:encoded><![CDATA[<p>I think having bullying laws in place is a wonderful idea.  I work for a large company that has ethical procedures in place for the employee to go to if they feel that their rights have been violated, and they are promised no retaliation.  I have used these channels, and the retaliation has run rampant within my department.  Our supervisors are so afraid of our manager, that they have started to mimic his behavior.  </p>
<p>Several people have complained using company channels, and most of us have had some sort of backlash due to bringing attention to our problems.  However the most that happens is a slap on the wrist to management and he continues on his merry way.</p>
<p>I am a good employee.  They pay me to do a job and I do it well, consistently and with the highest results in my department, yet I am always getting into trouble for some perceived incident.  I am not a sue happy person, and I have tolerated my managers behavior for over a year.  A year in which I have looked for work elsewhere, but unless I am willing to move out of state, there is nothing available here.</p>
<p>When you have exhausted the channels your work has set for you, complied with every thing that you were told to do, and you are still being harassed?  What option are they leaving you with other than suing?</p>
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		<title>By: Hal</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-505</link>
		<dc:creator>Hal</dc:creator>
		<pubDate>Fri, 30 May 2008 17:29:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-505</guid>
		<description>It&#039;s easy to criticize the possibility of frivolous lawsuits until you&#039;ve actually worked for a bullying screamer.  Management can usually handle the out-of-control employee, but it does a very poor job of reigning in out-of-control managers and executives.  Fortunately, I now have the privilege of working for a company whose philosophy requires treating people with respect.  Silicon Valley was full of screamers during the Dot Com era.  Thank God, many of them have gone back home and are now delivering pizza.</description>
		<content:encoded><![CDATA[<p>It&#8217;s easy to criticize the possibility of frivolous lawsuits until you&#8217;ve actually worked for a bullying screamer.  Management can usually handle the out-of-control employee, but it does a very poor job of reigning in out-of-control managers and executives.  Fortunately, I now have the privilege of working for a company whose philosophy requires treating people with respect.  Silicon Valley was full of screamers during the Dot Com era.  Thank God, many of them have gone back home and are now delivering pizza.</p>
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		<title>By: Michele Villados</title>
		<link>http://www.hrblunders.com/new-type-of-lawsuit-bullying/comment-page-1/#comment-504</link>
		<dc:creator>Michele Villados</dc:creator>
		<pubDate>Fri, 30 May 2008 17:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=161#comment-504</guid>
		<description>A number of interesting arguments, both for and against legal remediation for bullying, have been made here.  One point that hasn&#039;t been touched on, however, is that current laws against discrimination and harassment have created a loophole that essentially makes it legal for people to engage in workplace harassment--as long as it isn&#039;t based on a protected characteristic.  While the laws may have been enacted to provide extra protection for certain groups of persons considered at greater risk for disparate treatment, I&#039;m certain they were not intended to condone harassment in other forms.  Unfortuantely, by failing to recognize the harm caused by &quot;legal&quot; harassment, employers have fueled the push for legislation to make workplace bullying illegal.  A clear policy that defines an employer&#039;s expectations for professional conduct by all employees in all instances, investing someone or some group with the authority to enforce the policy for all employees (including supervisors), and creating a means for employees to report abuses to someone other than their immediate supervisor would go a long way towards side-stepping problems before they have a chance to start, regardless of how the courts weigh in.</description>
		<content:encoded><![CDATA[<p>A number of interesting arguments, both for and against legal remediation for bullying, have been made here.  One point that hasn&#8217;t been touched on, however, is that current laws against discrimination and harassment have created a loophole that essentially makes it legal for people to engage in workplace harassment&#8211;as long as it isn&#8217;t based on a protected characteristic.  While the laws may have been enacted to provide extra protection for certain groups of persons considered at greater risk for disparate treatment, I&#8217;m certain they were not intended to condone harassment in other forms.  Unfortuantely, by failing to recognize the harm caused by &#8220;legal&#8221; harassment, employers have fueled the push for legislation to make workplace bullying illegal.  A clear policy that defines an employer&#8217;s expectations for professional conduct by all employees in all instances, investing someone or some group with the authority to enforce the policy for all employees (including supervisors), and creating a means for employees to report abuses to someone other than their immediate supervisor would go a long way towards side-stepping problems before they have a chance to start, regardless of how the courts weigh in.</p>
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