Monday 15 February 2010

How to Survive the New Terror at Work - The Workplace Bully

Thousands of children are terrified to go to school because of a bully. Have you ever wondered what happened to the bully in your school? Well, that schoolyard bully grew up, got a job, and is now a workplace bully. She still uses threats, ridicule, and a negative disposition to terrorize those around her.


Workplace bullying is aggressive or unreasonable behavior designed to negatively impact or destroy a coworker. Workplace bullies can be managers, coworkers, subordinates and even clients. Workplace bullies are insecure people who attempt to mask their insecurities with control and domination. The target usually provides insight into the bully. Bullies often target people they envy, people who have the traits and talents the bully wishes she possessed. The bully attempts to destroy the more skilled and more talented individual to feel more secure in her employment. According to the Workplace Bullying Institute, the following are the most common tactics used by workplace bullies:

Falsely criticizing the target's work quality.

Staring, glaring, nonverbally intimidating, and showing hostility.

Discounting the targets thoughts or feelings.

Sabotaging or interfering with the target's ability to work.

Ridiculing, undermining, screaming, and yelling at the target.

Nitpicking and paying attention to unimportant details.

Constantly reminding the target of mistakes.

Threatening the target's job, reputation, or work status.

Abusing the evaluation process by lying about the target's performance.

Declaring the target "insubordinate" for failing to follow arbitrary commands.

Assigning the target undesirable work as punishment.

Creating unrealistic deadlines, duties, and work demands.

Encouraging the target to quit or transfer or face more mistreatment.

Ensuring failure of the target's project by not performing required tasks, such as sign-offs, taking calls, working with collaborators.

Many employees do not report the workplace bully for fear that the behavior will worsen or they will lose their jobs. But, ignoring the behavior will not solve the problem. "Bullies don't reform - ever," says Bruce Taylor, owner and principle of Unison Coaching. "They may hide the bullying for a while, or they move on to another victim, but they won't stop bullying." Bullies enjoy bullying. Bullying is a personality trait which the bully has sharpened for years. It is her way of life now. The workplace bullying usually does not stop until the targeted employee resigns or is terminated. Gary Namie, a psychology professor at Western Washington University, says that "once the bullying starts, most can only stay 16.5 months because it costs them their health." You can handle workplace bullying in the following ways:



1. You must perform your job well and make sure that others know you are performing your job well. Workplace bullying takes a tremendous emotional toll on the target. If that emotional toll causes your performance to deteriorate, then the bully's baseless accusations of poor performance can turn into warranted accusations of poor performance. You cannot defeat a workplace bully if you are not performing your job well.



2. You should not internalize the bully's attacks. Workplace bullies constantly criticize, ridicule, and disparage their target. That can beat the target down and cause the target to believe that the bully's negative statements are true. The target must reject those lies.



3. You should gather your witnesses, coworkers, and friends for your defense. It is fantastic if you have individuals who can support your allegations. However, since 72% of bullies are bosses, there may not be anyone who will support you. Coworkers are rarely willing to take a stand against a boss, especially a bully boss.



4. You should avoid private interactions with the bully. Some bullies recognize that their behavior is inappropriate and refrain from treating you badly in front of others. If your workplace bully only mistreats you in private then avoid private interactions. Also, there will be witnesses who can attest to the bully's behavior if the interactions are not private.



5. You should document the bully's behavior. Your allegations will be taken more seriously when they are presented factually and not emotionally. You remove your allegations from the emotional realm when you approach your employer with fully documented facts, i.e., names, dates, witnesses, and details.



6. You should consider filing an internal complaint against the bully. You need to make someone else in your company aware of how you are being treated. You should make the complaint to Human Resources, a high ranking company official, or someone identified in the company's complaint procedure.



7. You should consider looking for a new job. Workplace bullying typically ends with the employee's resignation or termination. According to the Workplace Bullying Institute, "more than 80 percent of those bullied lose their jobs." You should consider looking for a job so that you can leave on your terms.



8. You should consider filing an external complaint against your employer and/or the bully. Sixty-two percent of employers ignore complaints of workplace bullying. That means that your help will likely come from an individual or entity outside of your company.



Workplace bullying is four times more prevalent than illegal harassment. Yet, employers ignore most complaints of workplace bullying, telling the victim to "work it out" with the bully. The employers who react in that way do not appreciate the financial cost of workplace bullying and are relying on the fact that workplace bullying is not illegal. There are 16 States that are considering "healthy workplace" laws prohibiting workplace bullying but, to date, no State has made workplace bullying illegal. So, you should avoid describing your situation as workplace bullying. Instead, you should use terms the law recognizes such as harassment, discrimination, and hostile work environment. If your physical characteristics or those of your harasser make it difficult for you to make a viable harassment, discrimination, or hostile work environment claim then you should talk in terms of torts such as assault, intentional infliction of emotional distress, and tortious interference with employment. The Indiana Supreme Court recently decided Raess v. Doescher, a case many are calling the first workplace bullying case. In the Raess case, Joseph Doescher sued a surgeon who treated him poorly at work. The Indiana Supreme Court stated in its written opinion that "workplace bullying could be considered a form of intentional infliction of emotional distress." And, the jury awarded Doescher $325,000 on his assault claim. There are legal causes of action which reach workplace bullying. You should use those legal terms and not "workplace bullying" when speaking to your employer.



Legal risk is not the only risk workplace bullying poses to companies. Workplace bullying presents significant financial costs to companies with respect to productivity, operating cost, and work quality. A University of North Carolina workplace bullying study found that 28% of targets lost work time avoiding the bully, 22% of targets decreased their work effort, and 12% of targets changed jobs to avoid the bully. Health care costs also rise as the target's stress becomes a sickness or illness that requires medical treatment, sick leave, or FMLA leave. If the targeted employee resigns or is terminated, the company will incur significant costs in hiring and training a replacement and loss of company wisdom and experience. Human resources experts estimate that replacing an employee costs a company two to three times the lost employee's salary. There is also the time and expense of handling internal employee complaints about the behavior. So, you should not discuss emotions or moral impropriety when you complain about workplace bullying. You should speak a language your employer will pay attention to and understand . . . legal and financial risk.



Shalanda Ballard is an employment defense attorney who has practiced in all facets of employment litigation. Ms. Ballard was named in the National Register's Who's Who and in Law & Politics Magazine as a Rising Star. She has spoken at continuing legal education conferences and employment law seminars. Ms. Ballard writes an Employee Rights blog at http://www.employeerightsblog.net.



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