Workplace Bullying on the Rise

Bullying is a destructive social issue that is on the rise in the workplace environment. Employers have a duty to protect employees from risk at work. Protect your employees and protect yourself. Let The Employee Management Team administer an audit to help you maintain a healthy workplace environment. Check out this article and call The Employee Management Team. Experience the Difference.

Attorneys Advise Action to Prevent Bullying, Workplace Violence

Half of American adults report that they have been bullied or have witnessed bullying at work, reported to a 2010 Zogby poll.
Speakers at a seminar given by the Washington, D.C., law firm Epstein Becker Green gave HR professionals tips to stop bullying effectively in their workplaces and prevent workplace violence.

Bullying, according to attorney Kara Maciel, is mistreatment of a person that is deliberate, hurtful and repeated and that prevents the person from performing his or her job. A bully often is trying to control or manipulate the person, she said. Bullying can be:

•Slander.
•Name calling.
•Yelling.
•Comments about appearance or lifestyle.
•Teasing.
•Threats or intimidation.
•Unfair criticism.
•Ignoring.
•Aggression.
•Physical assaults.
•Unreasonable work assignments.
•Menial task assignments.
•Gossiping.
Bullying can come from an employee, vendor or customer and can happen during or after work, said Heidi Hayden, SPHR, chief HR officer for the firm. It can happen in person or via e-mail, mobile devices or Internet chat rooms and web sites.

This behavior is not typically harassment of a protected group or person because it is not race- or gender-based, Maciel noted, so technically it is legal behavior. But it is disruptive and inappropriate in the workplace and should be prohibited.

However, managers and supervisors shouldn’t be afraid to give criticism and performance feedback to employees. “HR and managers can legitimately control others’ work,” Maciel said. Coaching, counseling, discipline, evaluations, standards and goals—delivered in a respectful manner in line with policies and procedures—are acceptable behaviors.

Employers are paying the price when bullying happens in their workplaces. In 2008, the Indiana Supreme Court handed down a verdict of $325,000 against a surgeon who screamed at a nurse during an operation. The court upheld her claims on intentional infliction of emotional distress.

More costs could be coming via the proposed Healthy Workplace Bill, which has been proposed in 17 states. The legislation would make it an unlawful employment practice to subject an employee to “an abusive work environment,” said Maciel. Supervisors could be held liable for their actions, not just the employer, she said, and cases would go straight to court. No state agency would take on the case prior to the parties appearing before a judge.

An Employer’s Liability

According to Thomas Cox, Jr., an attorney with the firm, employers could be held responsible for their employees’ actions under the Occupational Safety and Health Act’s general duty clause to provide a safe workplace. Employers could be held liable for negligent hiring if they bring on a person who they knew or should have known was likely to cause harm, and for negligent referral, if they don’t warn other employers of a past employee’s violent history.

An employer who retains an employee who threatens or exhibits violent conduct could be guilty of negligent supervision and retention, Cox added. Documenting all steps taken in the discipline of all employees is more important than ever.

Employees might have claims against their employers under anti-discrimination laws, Cox said. In one case, an employee’s co-workers taunted him repeatedly for not being “manly.” Some federal courts have found that this behavior constitutes a hostile work environment based on “sexual stereotyping.”

How Not to Hire a Bully or Violent Employee

Hayden suggested pre-hire background screenings to avoid introducing a violent person to the workplace. She emphasized that employers should have a policy to govern their actions during the screening process and that the policy should be followed and acted on consistently.

During the hiring process:

•Verify all statements on the employment application and resume and in job interviews. What happened during any employment gaps? Be accurate.
•Verify dates of employment and positions held with former employers. Check references.
•Ask prior employers about specific threats or acts of violence.
•Conduct checks in accordance with legal mandates, including the Fair Credit Reporting Act and state laws on arrest records.
•Do not rely solely on the Internet for screening and verification. You can’t be sure that the information is accurate.
•Document everything you’ve asked and all answers received, who you spoke with and which sources you’ve consulted.
•Tell applicants in writing that any falsification of information will lead to their employment being terminated.
•If the applicant is hired, keep all the documentation you’ve gathered for the full course of his or her tenure.
'Scan Your Environment'

Hayden suggested that HR professionals “scan your environment.” Is inappropriate behavior addressed? Are employees leaving one department at a higher rate than other departments? How well are policies followed?

Employee surveys can help identify problem areas, she said, but HR should “be ready to take action” if the survey points out problems.

Conduct investigations to address problems the first time they crop up, Hayden said. “You might as well address it the first time; you may not have to worry about it happening a second time.”

Investigations should focus on facts, not opinions, she said, and should be thorough, dispassionate and objective. Compare witness statements and pieces of evidence, such as key card records and time clock data. Document everything you do.

Determine the appropriate action by considering:

•What are the facts?
•How serious is the infraction?
•Did the employee know expectations?
•How did the employee know?
•Was the employee provoked?
•Has the issue been investigated fully?
•Has the employee been spoken to about the issue?
•Have policies been applied consistently? (HR should be involved in all investigations to ensure this.)
•Is the response under consideration appropriate to the incident and to the employee’s rank in the company?
Finally, tell the complaining employee the resolution of the problem so that he or she knows that you took their complaint seriously.

Training can prevent workplace bullying and violence, Hayden said. Training should be mandatory throughout the organization and include the organization’s policy on incident reporting, how to recognize warning signs of bullying and violence, how to respond effectively, how to resolve conflict, how to handle crises and emergencies (as in a crisis response plan), and how to use the Employee Assistance Program. Make sure that training on bullying and violence prevention corresponds with training on harassment prevention, Hayden added.

Finally, Hayden suggested making sure that all HR systems are working together to prevent bullying and to avoid prompting workplace violence. Do new-hire processes include background checks? Do orientation and training address violence prevention? Does the compensation and benefits system encourage employees unintentionally to compete too much? Do evaluations address how employees treat others?

“Do not inadvertently reward bad behavior,” Hayden cautioned.

Get Policies in Place

Cox and Maciel urged HR professionals to review their policies addressing bullying, violence and workplace behavior and make sure that they are up-to-date with laws and any changes in the organization. Have legal counsel review them to be sure that they are in line with state and federal regulations.

Written policies should be developed for:

•Background screens.
•Reference checks.
•Appropriate workplace behavior, to include zero tolerance for truly egregious behavior, a ban on weapons in the workplace (where permitted) and definitions of unacceptable behavior such as bullying, violence and intimidation.
•Incident reporting.
•Complaint procedure.
•Disciplinary action.
•Conflict resolution.
•Training.
“If you don’t have a plan [to prevent or respond to workplace violence], that is almost per se negligence,” Maciel said. “You need a plan that incorporates HR, legal, security and IT. That can be a game changer.”

Beth Mirza is senior editor for HR News. She can be reached at Beth.Mirza@shrm.org.Reprinted with permission of the Society for Human Resource Mgt (www.shrm.org), Alexandria, VA, Publisher of HR Mag.

Must my employer give me time off to vote?

If you’re wondering whether or not your employer must give you time off from work to vote in U.S. elections, such as in the midterm congressional elections on Tuesday, November 2, 2010, it depends on whether or not the state in which you work has enacted a law with employee “time off to vote” provisions.
There is no federal law that requires employers to give employees work time off to vote in elections. However, most states do have such laws, referred to as “state voting leave laws” or “state election leave laws”. The laws typically cover both private and public-sector employees.
Although voting leave laws vary by state, generally, they require that employers give employees work time off to vote only if the polls are not open for a sufficient number of hours before or after employees are scheduled to work. How many hours are deemed to be sufficient for employees to vote outside of work hours typically ranges from two to three under the laws, excluding rest and meal breaks.
Some state voting leave laws require that employers grant employees paid time off to vote, if there isn’t sufficient time before or after employees are scheduled to work. To get paid, employees might have to provide proof from their voting places that they cast their ballots.
Additionally, some voting leave laws require employees to give reasonable advanced notice to their employers in requesting work time off to vote, while some permit employers to specify when their employees may take time off to vote.
In the states that have voting leave laws, employers might face criminal charges, fines and even jail sentences by refusing to grant employees time off to vote as required by the laws, or by discharging or otherwise penalizing employees for exercising their voting rights under the laws. In fact, discharging employees for reasonably exercising their voting rights could constitute wrongful termination.
In the few states that have no voting leave laws per se, related laws or regulations might be on the books that generally prohibit employers from interfering with employee voting rights.
Alternately or additionally, even though federal law does not specifically grant work time off to vote, it does generally prohibit employers in all states from interfering with employee voting rights. That’s because federal law prohibits anyone from interfering with citizens’ voting rights, including their employers.
The courts might interpret such laws or regulations to mean that employers must honor reasonable employee requests for work time off to vote, or else suffer the legal consequences of interfering with employee voting rights. The same goes under state or local public policy.
To discover if your work state has a voting leave law (or a related law or regulation) and, if so, whether or not your employer must give you time off to vote and pay you too, see the “Time Off to Vote” charts published by CCH, a provider of business and corporate law information services. The charts include the District of Columbia, which has no law regarding employee time off to vote, and Puerto Rico, which does.
For a different interpretation of state voting leave laws, refer to the chart “Voting Leave Laws by State” published by Fisher & Phillips LLP, Attorneys at Law. An interpretation of the Puerto Rico law is included.

The Employee Management Team is always working to provide our clients with up to date information associated with all areas of employment. If you would like to view a full list of state voting leave laws please reference the following link.

http://employeeissues.com/blog/time-off-to-vote/

Top 5 Things that Small Business Owners Need to Know about Health Care Reform

1. If you have up to 25 employees, pay average annual wages below $50,000, and provide health insurance, you may qualify for a small business tax credit this year of up to 35% (up to 25% for non-profits) to offset the cost of your insurance. This will bring down the cost of providing insurance.

2. Employer-based plans that provide health insurance to retirees ages 55-64 will be able to get financial help through the Early Retiree ReinsuranceProgram that starts in June 2010. This program is designed to lower the cost of premiums for all employees and reduce employer health costs.

3. Starting in 2014, the small business tax credit goes up to 50% (up to 35% for non-profits) for qualifying businesses. This makes the cost of providing insurance even lower.

4. Starting in 2014, small businesses with generally fewer than 100 employees can shop in an Exchange, which gives you power similar to what large businesses have to get better choices and lower prices. An Exchange is a new marketplace where individuals and small businesses can buy affordable health benefit plans. Exchanges will offer a choice of plans that meet certain benefits and cost standards. Starting in 2014, Members of Congress will be getting their health care insurance through Exchanges, and you will be able buy your insurance through Exchanges, too.

5. Employers with fewer than 50 employees are exempt from new employer responsibility policies. They don’t have to pay an assessment if their employees get tax credits through an Exchange.

Learn more at http://www.healthcare.gov/foryou/small/top5/index.html#

The experts at The Employee Management Team are staying on top of all of the changes that will be occurring - at a very rapid pace - in our health insurance delivery system. Understanding, explaining and implementing all aspects of employee benefit plans in common-sense language is what sets us apart from the others.

Dealing with Difficult Colleagues

Here's a great article on how to cultivate a good working relationship with an arrogant colleague:

http://www.employmentmetrix.com/blog/2010/07/the-challenge-of-dealing-with-arrogant-coworkers.html