Attacking a Bullying Victim, Again: Phoebe Prince
July 22, 2010
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 attorney has taken this strategy to sickening new depths by attacking a dead teenager while the family members are still grieving.
Here is a link to another article about this, where you can find a link to the article in Slate if you care to read it. I can’t stomach linking to the Slate article directly from this site: http://tinyurl.com/2etm79v
How would you feel in the shoes of Phoebe’s parents, watching the lawyer for one of Phoebe’s tormentors smear your deceased daughter? It’s the kind of thing that could make a pacifist like me go postal. (No disrespect to mail carriers).
Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill
April 9, 2010
Good News / Bad News
The Illinois State Senate passed a version of the Namie’s anti-bullying bill. The bill was introduced by Illinois State Senator William Delgado, who said “Being in an abusive work environment is intolerable. This legislation will finally give workers some means of relief from the abuse they may be tolerating in their work environment.”
At the time the Bill was introduced, it was written to apply to public and private employees, to make harassment from bosses and from co-workers illegal, and would have made managers and co-workers individually liable for bullying. The bill even went so far as to make it a criminal act for a manager to retaliate against an employee who complained about bullying. (Read more HERE).
But you know how politics work. Business groups objected. Then there were cries that the bill “would open the floodgates” to employment lawsuits. Then false panic was spread about the bill being “the first step down a slippery slope” of litigating every kind of incivility in all aspects of life (think suing a rude customer service representative). So as of right now, the bill has not passed through the Illinois House of Representatives, and appears to be stalled.
Of the thousands of unemployed people in the U.S., nearly 25% of them have been without a job for a year or more. A year or MORE!
A summarizing article states:
“[T]his trend cuts across nearly every industry and occupation, and affects people of all ages and educational backgrounds. The existence of such a large pool of people – 3.4 million – who have been out of work for so long has had a significant impact on the federal budget.
“The number of Americans who have been out of work for a year or longer is roughly equal to the population of Connecticut,” said Ingrid Schroeder, project director of the Pew Fiscal Analysis Initiative…”
You can read the full article HERE.
Unemployed People over 50 Stay Unemployed Longer
You may have noticed before that when a research think tank like Pew issues a report, a number of journalist “write stories” that summarize different aspects of data from the report (mixed in with a quote or two). Here’s another such story based on the same Pew report, but this one focuses age discrimination.
People over 50, Pew researchers found, are less likely to be unemployed than younger workers, but people over 50 who DO lose their jobs are much less likely than younger workers to find a new job. One example is 59 year old Tom Bedar, who has not been able to find a job since February of 2008. As a former company president, he’s qualified. But that’s not what hiring managers focus on when interviewing Mr. Bedar. Instead…
…he started running into hiring managers and recruiters telling him why they wouldn’t hire him: He was overqualified; he would try to become the boss; he wouldn’t want the job for which he had applied; he would bolt at the first opportunity; the company wanted a younger person whom it could train; the hiring managers knew of unemployed people with skills in their particular industry and wanted their depth of expertise. And in one instance, he was told he would cost more in insurance expenses than a 30-year-old
The full article is HERE.
From the Horse’s Mouth
The data report from Pew underlying both of these articles — if you don’t quite trust journalists either — is HERE.
Friday Links
For everyone who lives under a rock and didn’t know that the U.S. now has another opening on the U.S. Supreme Court, you can learn about it here.
For an interesting list of employment lawsuit settlements, click HERE (Beware, this list appears to have cherry picked all the huge settlements and verdicts, leaving off small ones).
Finally if you haven’t heard about dailybunny.org, well, now you have!
Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim
April 7, 2010
Schools Tackle Teacher-on-Teacher
Bullying In the Workplace
USA Today features an interesting article about how 41 states have anti-bullying statutes for students, but zero states have anti-bullying statutes that apply to the teachers or administrators.
That’s starting to change, however, with two school districts — one in Iowa and one in California — for the first time ever explicitly prohibiting teacher to teacher bullying. This
-
collateral bullying
is a huge topic in itself. But what’s troubling to me is that the article does NOT specifically state that the new rules prohibit school administration from bullying teachers.
It’s an otherwise interesting article, and you can read it HERE.
When an EEOC Investigator Turns You Down, You Can Still Prevail
I recently advised an Academy Member who I will call Brittney. Brittney contacted me in frustration because after filing an EEOC claim and waiting a long time, the investigator called and said the finding would probably be “insufficient evidence”.
A few other people in our forums have expressed the same frustration. It’s real, and it’s very possible, especially when the EEOC Investigators are over loaded. They feel that they can only give a brief glance to your allegations and not take the time to dig deep into your situation.
Here’s Brittney’s question and my answer, which I think could apply to a lot of people:
On Tue, Apr 6, 2010 at 8:02 AM, Brittney wrote:
Hello, I have received my allegation form from the EEOC. It seems that I don’t have enough grounds for a claim. The investigator told me that because I am from America and so is my supervisor, that he can pretty much discriminate against me and their is nothing the EEOC or I can do. What a bunch of shit. Oh well, I guess I will not be signing the allegation forms and the charges will not be filed. I would like to thank you for trying to help me. I will be returning to an even more hostile work environment this weekend. Again, thank you for your service, I have learned allot. Respectfully, Brittney.
And here is my response from that same day:
I’m sad to hear that the investigator does not see the merit in your claim. But, I’d still like to take a minute to give you a couple of tips.
You said that you were going to “be returning to an even more hostile work environment this weekend.” Is that because your supervisor will gloat about “winning” with the EEOC and feel more free to treat you worse? If that happens, he is illegally retaliating against you. TAKE NOTES ABOUT ANYTHING HE DOES THAT IS WORSE THAN BEFORE.
Attorney’s love to take retaliation cases, much more so than discrimination. Retaliation is much easier to prove. It’s just “Was the employee treated worse after filing with the EEOC as compared to before he filed with the EEOC?”
And what do supervisors do when the EEOC investigator says “unsubstantiated”? The supervisor acts like a classroom bully when the teacher leaves the room; he feels free to rip into you without fear of getting caught. BUT, that’s not true.
If you are treated worse this weekend, take careful notes about what your bully supervisor did. Then go see a local lawyer, or even re-file with the EEOC. Either way, you let the bully know that they have not “won”, and you will not roll over and take his abuse.
I hope this helps, and I hope to see you again in the Academy. -Curt
Quote of the Day
In the long run the pessimist may be proved right, but the optimist has a better time on the trip.
─Daniel L. Reardon
Whistleblower Protection for Nurses in Health Care Reform Bill
March 29, 2010
Protected from Whistle Blowing by New Health Care Reform Bill
Now this reform bill, which is actually named “The Patient Protection and Affordable Care Act of 2009,” does not outright prohibit bullies in the healthcare workplace. Although it would be a good idea to catch the U.S. up with the rest of the civilized world, we’re still a ways off from making it illegal to purposefully ruin another person’s career.
But, this law can be a another tool that you can learn to use in your fight against an unfair supervisor.
Specifically, the Bill gives whistleblower AND retaliation protection to health care workers! The “PPACA” also puts some muscle on the False Claims Act. If an employee reports anything, even to his or her own employer, that the employee “reasonably believes” is a violation of the Title I section of the Bill, then that employee is a whistleblower — and thus part of a protected class.
So you are probably wondering what “Title I” prohibits… and what things you must report to be protected by this new law. Title I prohibits denying coverage based upon preexisting conditions, it includes policy and financial reporting requirements; and it prohibits treating patients differently based on whether they received health insurance subsidies. Put another way, the bill will protect employees who point out a broad range of infractions their employer is engaging in.
Similar to Title VII, this new bill’s whistleblower rules include a 180 day deadline, and a requirement to file first with an administrative agency (in this case OSHA). And also like Title VII claims there is an option to litigate against your employer before an administrative law judge, or, you can choose to remove the claim to federal court (like getting a “right to sue letter” from the EEOC) and litigate there in front of a jury. This new whistle blower protection allows for reinstatement to your job if you’ve been fired, the back pay you should have received, and attorney’s fees.
What you have to prove is that your whistleblowing was merely “a contributing factor” in your employer’s decision to fire you, demote you, transfer you, give you a bad appraisal or review, deny you a raise, etc.
So what is “a contributing factor,” you ask? It is “any factor which in any way affects the outcome of the decision” to deprive you of your job, a good appraisal , a raise, etc. So all you have to show is that your whistleblowing affected a bosses decision to give you a bad review, for instance — your whistle blowing does NOT have to be the only reason, or even the main reason, that your boss gave you a bad review.
After you prove that, then your employer has a chance to get off by proving “by clear and convincing evidence” that it would have done the exact same thing to you even if you had not blown the whistle. Unless you got caught stealing, this is pretty hard for an employer to prove.
Our next post, later this week, will further explain the new bill’s protections for employees at nursing homes, so be sure to check back.
And what do you think of this aspect of the new bill? If you are a nurse or in health care, have you ever seen patients treated differently because of what insurance they have or don’t have? Have you nurses out there been retaliated against in the past for pointing out policy violations where you work?
Healt Care Reform Bill Sections Protecting Whistleblowers
Steps Toward Workplace Civility Law & Could You Qualify for Disability Benefits?
January 25, 2010
In Episode #14 of the Hostile Workplace Podcast we review two recent cases, both of which point toward the federal courts gradual expansion of discrimination law, inching closer to requiring civility in the workplace.
Ingrid Reeves v. C.H. Robinson Worldwide (11th Cir., January 20, 2010)
Indergard v. Georgia-Pacific Corp., (9th Cir., September 28, 2009)
We also have a highly informative interview with Brian Therrien of Disability Digest. We’ve featured [Read more]
Is This Retaliation or Discrimination? Q & A with Derek D.
January 18, 2010
Academy Member and book buyer Derek D. and I have been talking about how his bullying boss has gone over the line and started to infringe on Derek’s employee rights. Of course there is a long history, with the supervisor Trent taking a dislike to Derek back when Trent was himself a machine operator.
After his promotion, Trent made comments that [Read more]
To Your Resounding Success in 2010
January 8, 2010
After receiving a huge response to the following email, I decided to share it with everyone here on the site as well.Yes, I know about the “bigger problems” these people are referring to. I know about the global warming and the slave trade and the earthquakes and tsunamis and Osama Bin Laden. I know about cancer and birth defects and the bloody 20th century and the pollution in China and the prostitution rings in Bangkok. [Read more]
Episode #13: How to Never Give Up and Never Be Alone. An Interview with Our Forum Den Mother, Lulu
December 15, 2009
Episode 13 features an interview with our forum Den Mother and bully boss fighter, Lulu. Lulu joined our forum feeling alone and confused about how her long, stellar career could start crumbling when a much younger manager took over the department where Lulu worked. [Read more]
Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)
November 30, 2009
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A Survivor’s Story: Marilyn Veincentotzs
Episode 12 features an interview with Bully Boss survivor turned author Marilyn Veincentotzs. Marilyn, who also goes by “Dr. Vee”, learned from “Work Laws Exposed” how to fight back against a bullying boss. Then she helped a good friend do the same thing. Then she took her expertise in organizational psychology and wrote a book, “How Organizations Empower Bully Bosses: A criminal in the workplace.”
Personal Help With YOUR Work Problems
In Episode 12 we also introduce a fantastic new resource for people who need help with responding to a bullying boss: The Undercover HR Person! That’s right, our forum stalwart and HR expert, “OnYourSide”, is actually named Mary, and Mary is now available to help you with workplace issues too. If you want help composing a letter to your boss, filing out a complaint form, preparing a timeline to use when meeting with HR, or completeing FMLA forms — then Mary is the perfect resource for you.
Hire Mary to Help You
Would you like help crafting a professional response to your boss, your HR Dept, or preparing a submission to the EEOC? You can hire Mary by contacting her at this address: mary@undercoverlawyer.com. Her rate is $50 per hour, and there is a 1 hr minimum. You won’t find more professional, personal help anywhere else at a rate like this. But her time is limited, so if you think you might need her help contact her soon before the limited spots are gone. mary@undercoverlawyer.com
Quick Tip Contact Info:You may be closer to qualifying for social security disability than you think. You owe it to yourself to find out just how close you are: www.DisabilityDigest.com
Want to know Marilyn’s complete story? Buy her book right here!
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Do You Know the 4 Key Steps to Taking Back Your Life from a Bully?
September 20, 2009
Question: What are the four key steps to taking back your life from a bully?
Answer: Listen to our interview with psychotherapist Dr. Ben Leichtling (pronounced Like-Ling). Dr. Leichtling wrote a book about how to take back your life from a bully, and consults with companies on how to eliminate bullying from the workplace.
Dr. Leichtling reveals in this interview his four key steps to breaking free of a bully. He also gives invaluable advice on how to deal with the mental and physical trauma that bullies inflict. This is one episode no one should miss.
Podcast #11: Interview With Dr. Leichtling
Dr. Leichtling was so generous with his time that we couldn’t fit all of his helpful insights and ideas into the podcast, but it was simply too good “to leave on the cutting room floor”.
So even more of this interview is available on the Members-Only Forum, which is just $1 for the first month (and no further obligation). You can join the Member Forum here: http://www.undercoverlawyer.com/academy/member_forum.html
The Quick Tip is a site where you can rate your boss, and check to see if your potential new boss has been rated by his or her employees. The site is: http://www.ebosswatch.com/
Find even more helpful info from Dr. Leichtling at his site: http://www.bulliesbegone.com/
Let us know your thoughts on the interview, and what physical and mental effects, if any, you have felt as a result of a bully in your workplace.
-Curt
P.S. The link for getting access to the full interview with Dr. Leichtling (for just $1) is here: http://undercoverlawyer.com/amember/signup.php
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