Hostile Work Environment Definition
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Hey Grinch Bosses: No Holiday-Time Terminations!

No Holiday Time Terminations

No employee should be terminated after the first week of December until after New Years. This is because any employer who fires an employee during this period will be the embodiment of Scrooge in the eyes of a jury. There’s really no acceptable reason for an employee to get terminated during this holiday time period, outside of theft. And even then, if the employee was stealing in order to put food in the mouth of Tiny Tim, the employee still gets a pass. In other words, no terminations during December. Period. If the employee does something so incomprehensibly bad that they must be kept away from work, such as sexually assaulting another employee or stealing cash out of another employee’s purse, then a smart employer will simply keep the employee away from work through New … [Read more...]

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Is a Prison Camp Comparable to Living Through a Hostile Work Environment?

unbroken

I’ve been wanting to write more, and post more regularly to this blog. Like lots of people, instead of working directly on my goal I’ve procrastinated by doing any number of different things that feel like they are related to my goal, but really aren’t. I’ve compiled lists of writing ideas, written out writing schedules, got a new writing program to use on my laptop, and the mother-of-all-time-wasters: “research.” In an effort to not waste so much time clicking from article to article on the web, I decided I would shut the laptop and go back to reading some full length books. But you got to start slow, right? Not just jump into reading dense legal reference books. So I thought it would be good to read a book about overcoming adversity, since so many of the people who visit … [Read more...]

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Has Your Bully Boss Said Anything This Stupid?

bossAngelDevil

Sometimes the stupid stuff your boss says is SO overwhelmingly stupid, that it's funny. And because being someone who is fighting back against harassment and bullies is stressful, I wanted to give you something to help you laugh a bit. I'm generally a serious guy, but sometimes you just need to laugh, you know? So, I hope this can put a smile on your face and give you the brief mental break that you need and deserve. So here's the list of 32 dumb things managers say included. 1. "Am I the only one around here with half a brain?!" 2. "I know my plan won't work, but don't disagree with me in front of others." 3. "I only say those things to look tough. I'm reshaping my image for advancement." 4. "I tried to e-mail you to tell you that my e-mail … [Read more...]

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The 12 Steps of “Restructuring” Jobs to Eliminate Older Workers

The 12 Steps of “Restructuring” Jobs to Eliminate Older Workers |

A bully boss will go to great lengths to terminate an employee they no longer want.  Frequently age discrimination, a kind of senior-employee-phobia, is the root cause. As both a defense lawyer advising companies, and in my role as the Undercover Lawyer advising individuals, I've witnessed the following pattern many times: 1.)  First Time Supervisor is in his/her 30's and nervous about being in charge of other employees 2.)  First Time Supervisor is intimidated and scared of employees who are in their 50's and 60's, but doesn't want anyone to know it 3.)  Employees in their 50's and 60's get micro-managed and nit picked by the First Time Supervisor over minuscule issues, which are the only issues the First Time Supervisor understands 4.)  Older Employees get sick of being … [Read more...]

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Video: Stopping Age Discrimination, How Two Women Did It

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Many of the people who utilize the phone conference I offer to book buyers tell me that they just feel bullied and picked on, but it's not because of any "protected class". But then I ask them how old their boss is compared to them. "Well, she's quite a bit younger than me, actually." Then I ask if she has any favorites? You know what comes next... "Why yes she does, and they are even younger than her." Finally I ask if anyone has been hired or fired from the department since this new boss took the helm. "You know one person was given a severance package and left suddenly... and he was even older than me. The boss hired one of her own friends from her old company as the replacement. Didn't even advertise the opening." Age discrimination can be blatant (yelling "You're … [Read more...]

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New Video: The One Real Key To Getting Unemployment Benefits

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This video explains the one true key to making sure that you get unemployment benefits. If you applied for unemployment benefits and you were turned down, then this is the key concept that you must understand. It simply is not true that if you get fired you WILL get unemployment. Another myth is that if you resign you will not get unemployment. Watch this video and find out how unemployment benefits decision are really made. If your story sounds at all similar, be sure to get my FREE "7-Secrets of Work Law" e-mail course. Learn how to fight back against a bully boss. Primary Email   Your email will never be shared, sold or revealed. If you need all the help you can get right NOW, then get my book, Work Laws Exposed and … [Read more...]

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Free iPhone App For Documenting Your Wage Claim

DOL Time Sheet App

A neat little new app for Smartphones – brought to you by our friends at the Department of Labor’s Wage and Hour Division – lets employees independently track their work, break and overtime hours. It’s currently compatible with the iPhone and iPod Touch, and updates are being planned for other Smartphone platforms. What is it and why should I get it? The DOL’s Timesheet App for Smartphones was released in May. Employees can use it to keep track of the hours they work. According to the DOL, “this new technology is significant because, instead of relying on their employers’ records, workers can now keep their own records.” Employers are required by the Fair Labor Standards Act to maintain records of their employees’ hours, but – ultimately - who owns those … [Read more...]

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How To Request Job Accommodations From Your Boss By Using the ADA

By Mary, The Undercover HR Director ("OnYourSide" in the Forums) The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities. For all the kicking and screaming by employers about making accommodations, you’d think accommodations cost them millions of dollars – but it’s not true! Accommodations for people with disabilities are usually extremely low or even no cost. The Job Accommodation Network (JAN) conducted a study recently that showed as many as 56 percent of workplace accommodations cost NOTHING. Of those accommodations that did have a cost, the average one-time cost was $600. What other kind of investment could an employer make in their employees that would buy them so much goodwill? What … [Read more...]

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More Insider HR Tips: What Are HR Pros Saying About You?

HR Knicker Twisters, by Mary The Undercover HR Director ("OnYourSide") in the forums Welcome to my second article! I’ll be writing articles periodically when I have news to share with you or an opinion on current events. I hope you had a chance to read my first article. I promised to share with you some “HR Knicker Twisters” gleaned from the recent SHRM® 2010 Annual Conference and Exposition that I attended in San Diego, California. Californians: you have a seriously gorgeous state. I can see why California is in such danger of earthquakes. There must be so many jealous transplants from other states weighing it down that if a really big earthquake happened California would just crack off and drop into the Pacific. As your intrepid Undercover HR Director, I attended the … [Read more...]

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Attacking a Bullying Victim, Again: Phoebe Prince

Phoebe Prince

A lawyer who is defending one of the bullies that drove high schooler Phoebe Prince to suicide just published an article in the online magazine Slate. The outrage comes from the slant of the article, which "reports" as objective news that Phoebe brought the bullying upon herself. She's painted as being a "self-mutilating misfit bent on suicide." The apparent purpose of the article is only too obvious to people who have been the victims of workplace bullying; the purportedly objective investigator makes the bully appear less awful by heaping blame on the victim. How many people have complained to HR of a "hostile work environment", only to be called in to HR and disciplined for poor performance while nothing happens to the bully? This happens so often it's sickening. But this … [Read more...]