Podcast #10: Bully Boss Creates Hostile Work Environment by Forbidding Bathroom Breaks!
August 12, 2009
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Main Segment
In the Main Segment of Episode #10 we tackle the issue of “Bully Bosses Who Forbid Bathroom Breaks.” This craziness happens much more frequently than you may think. Can you guess who the primary victims are?
#1 Spanish radio station in Miami
The radio show I mention during the show is 98.3. My thanks to Frank, the Undercover Lawyer community member from Miami who got the book and called in to 98.3 to talk about it. Thanks Frank!
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Curt’s Article About Hostile Work Environment Wins Award For Best New Hub!
July 6, 2009
Curt now has EIGHT powerful articles on Hubpages, each one contains information you should not be with out in dealing with a bad boss or hostile work environment.
One article was nominated for “Hub Nugget”, meaning Best New Article — and it won! Thanks to everyone who took time to vote for the article, “Hostile Work Environment — Why HR Doesn’t Care About You”.
Here’s a link to the article if you haven’t seen it, with links to the other 7 articles (or “Hubs”) after that.
http://hubpages.com/hub/Hostile-Work-Environment—-Why-HR-Doesnt-Care-About-You
http://hubpages.com/hub/Hostile-Work-Environment
http://hubpages.com/hub/Hostile-Work-Environment-At-Will-Employment
http://hubpages.com/hub/Hostile-Work-Environment-Protect-Youself-From-a-Bully-Boss
http://hubpages.com/hub/10-Signals-The-Boss-is-Bullying-You
http://hubpages.com/hub/Employee-Rights-Can-I-Sue-My-Former-Employer-For-Giving-Bad-References
http://hubpages.com/hub/Employee-Rights-Can-Your-Bully-Boss-Abuse-You-With-Bad-References
http://hubpages.com/hub/What-is-Workplace-Retaliation
Are You a Victim of Sexual Favoritism at Work?
December 23, 2008
I was working on a summary of a case called Miller v. Dept of Corrections for the community when, like fate, this question was posted to the forum by a woman who was feeling driven from her job by her boss:
QUESTION: [Edited for clarity] “I don’t think he’s discriminating based on sex, race or religion. He just didn’t like what I said one day, which was that he “should be more discrete with that girl in accounting” since he is married.
He has had it out for me ever since.
He gave me a horrible review. I went to HR with examples disproving the review. They pushed it to the side and agreed with him. I talked to his boss and stated if someone was going to be given a review that bad then examples should accompany it. She said “Well, he said he told you about it”.
I work in a technical field. His review was based on what I said to him, not my work. When I asked how is that possible in a technical field, where I am given trouble tickets to work on, they said the intangible and subjective items matter most.
Fast Forward, I am now on a performance improvement plan and made to do things that no one else on my 12 person team is required to do. He took away my entire bonus when I can prove, by way of tickets worked, that I do 33% of the work on my team. I am stressed, I cry all the time, I walk on eggshells and HR is not helping at all. It’s like nothing I say or any proof provided will make a difference. Lastly, it’s Christmas and I haven’t bought my children anything…After i leave work I can’t stop crying enough to make it to a store…”
ANSWER: As I mentioned above, it seemed like fate that this question arrived while I was working on a summary of Miller v. Dept of Correction; let me tell you a bit about it.
Edna Miller worked for the Department of Corrections in California. Miller worked for a Warden named Kuykendall, who was having three simultaneous affairs with his own secretary, an associate warden, and still a third subordinate employee; The three women were named Patrick, Bibb, and Brown.
Sexual Favoritism Starts
Patrick and Miller both applied for a open management position. Miller was the senior employee, with more training and more releveant expereience. A panel of interviewers recommended that Miller be awarded the position, but Kuykendall gave the promotion to Patrick.
Soon after Patrick received yet another promotion and became Miller’s direct supervisor; it was common knowledge that Kuykendall and Patrick were having an affair, and there was widespread grumbling that the way to get ahead was to have sex with the Warden.
To further complicate matters, a new female Deputy Warden named Yakamoto transfered into the workplace and began inviting Miller to dinner. It was known that Yakamoto was a lesbian, and although Miller refused Yakamoto’s advances Brown did not. Brown, at this point, was having affairs with both Yakamoto and Kuykendall.
Retaliation Against Miller
Miller believed that because she had refused Yakamoto’s dinner invitations, Yakamoto began interfering with Miller’s ability to do her job. Yakamoto countermanded Miller’s orders, reduced her supervisory duties, added onerous low-level duties on Miller, and made unwarranted criticisms and write-ups of Miller’s work. When Miller threatened to report Yakamoto to Kuykendall, Yakamoto and Brown threatened to harm Miller.
Eventually Miller did report Yakamoto’s abuse to Kuykendall, who assured Miller that he “would look into it.” Nothing ever happened. Feeling that she had no where else to turn, Miller reported Kuykendall’s failure to control Yakamoto and all Kuykendall’s own affairs to Kuykendall’s supervisor, the Regional Director.
The Regional Director started an internal affairs investigation. Miller was required to paticipate in interviews as part of the IA investigation, but she was promised confidentiality. Soon after, however, it became apparent to Miller that Brown knew exactly what Miller had said during to the investigators.
Failure of Promised Confidentiality
Brown and Yakamoto again began retaliating against Miller; one time Brown screamed at Miller at work, then actually followed Miller home from work to continue screaming at her.
Miller, feeling that the stress was damaging her health, resigned from the Department. Kuykendall retired. Yakamoto was demoted and given another transfer. Brown resigned with disciplinary charges pending against her. About a year after resigning Miller filed a lawsuit against the Department of Corrections alleging sexual harassment and retaliation.
First Court Battles Lost
The trial court and the appeals court found against Miller, concluding that “a supervisor who grants favorable employment opportunities to a person with whom the supervisor is having a sexual affair does not, without more, commit sexual harassment toward other, nonfavored employees.”
The Supreme Court of California reversed both the trial court and the court of appeals, and instead found for Miller. The California Supreme Court reasoned that it was reasonable for Miller to believe that her employer was hostile toward women because of “widespread sexual favoritism.”
Signs of “Sexual Favoritism” You Should Watch For
The Court cautioned that “the presence of mere office gossip is insufficient to establish the
existence of widespread sexual favoritism,” but, enough evidence can be shown by such things as:
- Admissions by the participants concerning the nature of the relationships;
- [B]oasting by the favored women;
- Eyewitness accounts of incidents of public fondling;
- Repeated promotion despite lack of qualifications; and
- A supervisor’s admission that he/she cannot control a subordinate because of a sexual relationship with the subordinate.
Despite all of this, the Department of Corrections argued that Miller should not prevail, because this case would mean that courts were starting to regulate private consensual relationships, and the personal privacy of employees and employers alike should not be compromised. The Department argued that it is better to treat sexual favoritism as a matter of personal preference, in order to avoid establishing a “civility code” governing the workplace.
The Court flatly rejected this argument, stating that “it is not the relationship, but its effect on
the workplace, that is relevant under the applicable legal standard” (emphasis added).
If You Are a Victim of Sexual Favoritism
If you are the victim of sexual favoritism at work, don’t be afraid to print this case out and hand it to your H.R. person or any attorney that you are hoping will take your case.
You can download the full case of Miller v. Dept of Corrections with this link: http://bulk.resource.org/courts.gov/states/Cal/S114097.PDF
Although Miller was decided under California law, the California Supreme Court was persuaded by written regulations from the EEOC which apply to all of us, in all 50 states. You might want to highlight that part for your HR person. It starts on page 19.
Have you seen this in your own workplace? I think I did — where young male attorneys could not get a break with influential senior partners who only wanted to work with young attractive female associates.
I think this is an area of the law that is ripe for expansion. Let me know what you have seen in your own workplace, and I’ll tell you what else on the topic I can find.
-Curt K.
Can My Employer Do That? Part One By: Jenn S.
November 22, 2008
In a busy employment law practice, I field a lot of questions from employees who want to know whether an action taken by their employer was “illegal.” In the vast majority of cases, the action of the employer is not illegal per se, though it may have been grossly unfair, blatantly discriminatory, or in extreme bad taste. However, there are situations where an employer is acting illegally and quick action is necessary. The following are some common and some unusual questions from employees who call wanting to know, “Can my employer do that?”
Can my boss tell me to cover my tattoos / cut my hair / take out a piercing? Freedom to express yourself is surely a great right in America. But, if you want to hold a job you’d best take note of your employer’s appearance standards. An employer absolutely can enforce rules about how you look – hairstyles and colors, jewelry choices, clothing styles, tattoos and piercings, makeup, shoes – it is all up to your employer, especially if your job involves interaction with the public. In a customer service-oriented position, your personal appearance speaks volumes about your employer, so it shouldn’t be a shock that your employer has a keen interest in how you look on the job.
One of the most common questions I’ve received is “How can my employer allow women to wear earrings but not men – isn’t that gender discrimination?” No, folks. In most instances, the employer can control how its employees appear to customers. Illegal discrimination might rear its head in relation to ethnic or religious head wear but it is a rare case, indeed.
Can my boss deduct my “mistakes” from my paycheck? Employees often ask whether their employer (usually a retailer or restaurant) can deduct accounting mistakes, such as a cash drawer shortage, from their paychecks. The answer is a resounding “NO.” If your employer ever attempts to hold you responsible for a shortage or damage to an item or some other loss by withholding any portion of your pay, you need to go straight to your state’s wage and hour unit to file a claim. The only time an employer can make deductions from your paycheck, other than your regular pay day withholdings, is if they have express permission from you in a signed writing.
Can my employer look through my desk or read my email? Yes. There is no “my” at work. Your employer owns it all and as such, has a general right to access areas that you might consider private. I often counsel employees that they should have no expectation of privacy in the workplace. Do not bring or keep things in the workplace that you do not want your employer to know about, and that includes thing in your email account, voice mail system, and those “secret” files you’ve got stored at the back of your desk. Your employer is not acting in an illegal manner by examining those things – anything that is located at work or is on an employer’s network is generally fair game. Therefore, keep your personal things personal and out of the workplace. Big Brother is watching you.
Can my employer tell me I stink? Seems like a crazy question but – I’ve actually been asked this. A woman called my office wanting to know if it was illegal for her employer to counsel her about her body odor. Coworkers had made several complaints to management about their odoriferous officemate and she had been told that she needed to take action to improve her scent. I’ve also had questions about whether an employer can ask an employee to abstain from wearing particular perfumes or colognes. The general answer is that an employer has a duty to make the workplace comfortable for their employees. So, if one employee is creating a smelly problem that adversely affects the rest of the team’s work environment, the employer is obligated to address and correct the issue. I would even go so far as to say that an employer could use progressive discipline to ultimately terminate an employee who refused to change their personal hygiene habits. Stinky is just not a protected class.
Can my employer fire me on the spot and not pay me what I am owed? It depends. Most states have a 24 hour rule for terminations, meaning that the employee must receive their final pay within 24 hours of an involuntary termination. However, some states allow for employers to make other provisions in their handbooks (such as not paying until the next payday). Check your own state’s laws regarding final pay to be sure of your rights.
WHAT QUESTIONS DO YOU HAVE ABOUT WHAT YOUR EMPLOYER CAN OR CAN’T DO?
These are only a few of the many scenarios that have been thrown my way by employees for legal analysis. What do you want to know about what your employer can or can’t do? Simply post your question on the forum, and I will answer in my next installment of “Can My Employer Do That?”
Stop Your Harassing Boss With Your Employee Handbook
November 19, 2008
The Employee Handbook – Know the Rules and Your Rights
By: Jenn S.
When you first went to work for your employer, it is likely that you received an employee handbook, often referred to as an employee manual or a policy and procedure manual. If you did what you were supposed to do, you read it and then signed a document stating that you read and fully understood the rules and policies stated within. Though such “rule books” often seem like mindless paperwork you can easily plow through during orientation and then forget, they are much, much more than that. Instead of thinking of the employee handbook as all of the things that you can’t do or rules that restrict you, also think of it as what your employer has to so do for you.
Key Employee Policies: So what are the most important policies and procedures to focus on? Which policies are most often utilized by employers to get rid of employees? Which policies should you make yourself highly aware of in order to keep your job? Frankly, you should carefully read the entire manual from cover to cover and then keep it somewhere where you can easily refer to it in the future. However, if you are not big into reading or your employer’s manual happens to fill numerous binders, try to at least familiarize yourself with the following key policies:
Standards of Conduct: Kind of a no-brainer, but you would be surprised how many people are unaware of the multitude of acts or behaviors that can land you on your employer’s hit list. Most policies regarding standards of conduct give a long laundry list of offenses, from poor performance on the job to violence or drugs in the workplace. The standards of conduct are a good place to start to determine exactly what is unacceptable in your workplace so that you can avoid crossing the line right from the start.
Anti-Harassment / Discrimination Policy: This policy is important for several reasons. One, you should know how to use it in case you are a victim of discrimination or harassment or you witness it happening to a coworker. More importantly, you should determine exactly what your employer is promising to do for you in the event that you make a complaint of discrimination or harassment and then hold the employer to it. If the employer fails to follow its policies, you may very well have a valid legal claim. Finally, you should make yourself aware of exactly what constitutes discriminatory or harassing acts so that you can avoid violating the policy yourself or having a complaint filed against you.
Disciplinary Policy / Progressive Discipline Policy: Again, here is a policy that you not only need to know but must hold your employer accountable to following, should you be targeted for disciplinary action. Determine what the progressive “steps” are for each level of discipline and what acts or behaviors fall under each step. For example, repetitive violations of the attendance policy may first warrant a verbal warning, then a written warning, and then ultimately termination. However, a serious offense, such as insubordination or theft may warrant immediate dismissal. Know your rights under this policy and make sure that your employer is applying it fairly and consistently amongst all workers. Inconsistent application of this policy could be grounds for legal action.
Medical Leave and Other Kinds of Leave: At the beginning of your employment, you should make yourself aware of how your employer handles requests for time off. Most employers are bound by laws that require them to provide you time off for certain medical conditions or the medical conditions of particular family members but beyond such required leave, you should also know how any paid vacation or sick leave is earned and how to request such time off. A handbook will usually also cover other types of leaves such as jury duty or witness leave, bereavement leave, and military leave, amongst many. Educate yourself up front on the leave issue so that you know what you can expect from your employer should the need for a leave arise.
Fraternization & Employee Dating Policy: As I have made very clear in previous articles, dating in the workplace is never a good idea, but some employers actually have policies against it. The most dangerous dating relationship (and usually the one that will violate a no fraternization policy) is one between a supervisor and a subordinate. Such a situation not only creates tension and drama in the workplace but it also creates the possibility of legal liability for the employer and the individual supervisor, should the subordinate decide to file a harassment complaint. But even a relationship between coworkers can violate an employer’s policy so be mindful of the rules and if you happen to find love at work, do your best to keep it under wraps and outside of the workplace.
Non-Solicitation / Distribution Policy: Know your employer’s policy regarding solicitation. Most employers do not allow any sort of solicitation or distribution of literature in the workplace, on work time. Some employers might allow it in the break room, when you are off of company time but generally speaking, it is probably best to leave the Mary Kay and Pampered Chef brochures at home or in the car. If you want to give something to your coworkers, do it after work, off the premises.
Confidential Information Policy: Know what you can and cannot talk about, both inside and outside the workplace. Your job may require that you handle sensitive, confidential information and in such cases, employers often have employees sign a separate confidentiality agreement. But for those in less sensitive positions, you might still run afoul of a confidential information policy, especially if the policy includes the discussion of salary information (who doesn’t like to complain to coworkers about their pay?) or other internal information that should not be shared outside the workplace. This is a policy to know and strictly follow, as violations of it often lead directly to termination.
By educating yourself about your employer’s policies and procedures, you will be much more savvy about what your employer expects from you, as well as what you can expect from your employer.
10 Steps of Walking the Plank Toward Termination: STEP 3, Your Good Work Gets No Rewards
October 18, 2008
A law firm partner who wanted me fired used to sing my praises, calling me a “golden boy” and going on and on about how I seemed to have a “magic wand” that would solve all the partner’s problems. Now, this partner’s inability to remember to take all their pills each morning was not my doing, but it was nearly my undoing (ever had a boss like this?).
One day I had obtained an especially good result for a demanding client in a challenging case. I was exuberant as I bounded into my boss’s doorway and blurted out “Did you hear how the judge ruled on our Rule 11 motions? Granted! We got them!” I fully expected my boss to jump out of their chair and hug me, or at least shake my hand and offer to call the client and give me credit for the victory.
Instead I got a cold emotionless stare, and a partly sneered question, “When am I going to see your draft of the summary judgment motion for the Kline case?”
The question didn’t hit my hears, it hit my gut. It took my breath away. “We won,” I said meekly.
“I heard you. I’ll inform the client. I want to see your draft before I leave today. I wanted to see it yesterday.”
This exchange depressed me for days. It was obvious my formerly skyrocketing career working under this boss had fallen back down to earth and crashed. I knew I was NOT going to continue to grow and move up if I continued working for this person. When I got over my shock and depression, I started trying to make a lateral move so I could work for a new boss at the same firm.
Luckily for me, this boss also alienated their own boss, and their own management level co-workers. My boss was asked to leave the firm before getting an opportunity to totally “get” me. Not long after, I learned that my former boss had wanted me fired. Given my boss’s total 180 toward me and my accomplishments, I wasn’t surprised to hear it.
Does your own boss act like you can’t do anything right, even when you are bringing him or her great results? Are other employees getting pats on the back for the same things you do, but you get no rewards?
This is the heart of “The Third Step of Walking the Plank Toward Termination”: a boss that no longer gives you any credit for your accomplishments, especially if he or she used to praise you regularly.
A close cousin of this scenario is when your boss gives you no credit for accomplishing something, while lavishing praise on your coworker for doing nearly the same thing, or less.
In either case, you should be aware that if you were a little doll, your boss would be walking you across the plank of the toy ship on his desk and smiling at the thought of dropping you down into the trash can.
What can you do? You can try to move away from the boss, like I did. I got lucky, and the Executives at my firm dropped my boss into their own trash can. Your boss probably has enemies too, but I wouldn’t rely on them to save you.
Another option is that you can leave your job and look for a new one. In this economy, I would not recommend that path to anyone. It’s hardly even an option anymore.
Or, you can learn to fight back by using the tools that the law provides employees — and which mostly go unused. The knowledge of how to fight back, and the friendship and encouragement you need to actually do it — those are the things this website and forum are all about. But even if you don’t choose that path, it’s good to be able to recognize the path you are on.
So now you know: when your boss gives you zero credit for accomplishments that used to get praises, it’s time for you to start thinking through your options.
You do, however, usually have a bit more time. In most cases their are other steps yet to come before the termination axe falls.
We’ll reveal another one of those steps right here on this blog tomorrow.
10 Signs You Are Bullied and Abused at Work
May 14, 2008
Are You Bullied At Your Workplace?
Did you know that experts estimate more than one in three U.S. workers have been mistreated severely enough at work that their health has been damaged? That’s 54 million people! This is according to a 2007 Zogby International survey.
Many employees privately complain that their company won’t stop bullying bosses or retrain them to treat employees with respect. It may be easier to ignore the problem of abusive supervisors, but in the end the company will lose money from its passive approach to this workplace problem.
Companies that do not address the problem of workplace bullies do pay a price. Such companies suffer higher employee turnover, higher absenteeism, and more frequent workers compensation claims. Furthermore, a severe bully boss will damage a company’s ability to recruit new people and its reputation in the community. Word does get around about who likes their job and who does not, and why.
Many people are painfully aware that they are being bullied by their boss at work. Others, however, do not understand what is happening to them. These people feel confused, scared, and don’t know where to turn for help with their undiagnosed problem. If you think you might be in this latter group, here are ten signs that you are being bullied and abused at work. Read through them and see if you recognize your own work situation in these descriptions.
You Are Being Bullied and Abused At Work If:
- You are physically sick the night before the start of every workweek
- You have a history of positive appraisals and solid work performance, but if feels like your boss or co-worker never stops criticizing your work and you personally
- Your boss or co-worker yells at you, insults you, or otherwise humiliates you in front of other people at work
- You are accused of making errors when you did not
- A manager or supervisor continually brings up past mistakes as a type of club to hit you with — not in a constructive manner to help you improve
- Someone at work quietly tells gossipy lies about you or your job performance
- You boss freezes you out of his or her “circle” by moving your desk, not including you on meetings or even social lunches
- On your days off work you feel exhausted and lifeless, or you spend time away from work obsessing about work
- Your boss tries to make you fail, by not reviewing or signing off on your work, shuffling your schedule or calling meetings when he or she knows you have a conflict
- When you succeed at work despite your boss, he or she takes the credit for your success (but always blames you for the failures)
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