Workplace Bullying

News & Analysis as of

“An employee does not necessarily get one free sexual harassment before he loses his job”, says arbitrator in upholding dismissal...

An arbitrator has upheld the dismissal of a unionized employee for one incident of sexual harassment and threats on Facebook. After an incident at work in which the grievor was displeased with “X”, a female co-worker,...more

Bullying in the Workplace: California’s New Training Requirement

Everyone remembers a bully in junior high school. She might have been the mean girl who told others not to be your friend, or the brute who inflicted his cruelty with wedgies and half nelsons. Sadly, some people never...more

New California Training Requirement on Preventing Workplace Bullying

In California, training supervisors to prevent workplace bullying is now required by law, even though bullying itself is generally not unlawful in California unless it involves a protected characteristic or constitutes...more

Bullying Be Gone – New California Law Makes Anti-Bullying Training For Employers' Supervisors A Must

Since 2004, California employers with 50 or more employees have been required to provide their supervisors with sexual harassment training. Effective January 1, 2015, these employers will have an additional responsibility. ...more

Employment Law - Oct 2014

The Need to Correctly Classify Employees - Why it matters: Providing a $1.25 million lesson in the importance of correctly classifying employees, the Oakland Raiders settled a lawsuit brought by the team’s cheerleading...more

California Expands Mandatory Harassment Training to Include “Bullying” Prevention

California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training....more

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a...more

New Laws Affecting California Employers: Anti-Harassment Protections for Unpaid Interns, Anti-Bullying Training for Managers, and...

California employers need to be aware of three important employment laws that were recently enacted. Effective immediately, California’s existing discrimination and harassment laws have been extended to unpaid interns....more

Thou Shalt Not Bully – Employers Must Educate Supervisors about “Abusive Conduct”

California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training...more

Federal Jury Awards $4.7 Million in Workplace Bullying Case

An employee of a Brooklyn, New York clothing store was awarded $4.7 million by a federal jury after being repeatedly bullied by a co-worker and ultimately physically attacked. The award was for assault, emotional distress,...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

Facebook is, indeed, toying with your emotions

Do you ever have one of those days where scrolling through the successes and triumphs of your Facebook friends just gets you down? Turns out, Facebook knows you have those days. In fact, out of scientific curiosity,...more

Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know [Video]

We've all heard of schoolyard bullying, but employers need to be aware of possibility of workplace bullying and how it can impact the employer’s business. When an employee, or employee group, singles out another employee for...more

To the Woodshed: Self-Defense, Defense of Others and Retaliatory Discharge

The workplace can be very tumultuous. Employees working in close quarters inevitably have disagreements, and some employees prove themselves to be disagreeable troublemakers. Workplace bullying is considered by some to be...more

Employment Update: Workplace Bullying – Snapshot Of Recent Developments

Five months into the Fair Work Commission's new bullying jurisdiction, the demand for and scope of the new laws is slowly becoming clearer. This article briefly summarises a number of recent cases and developments...more

Be Global - May 2014

HIGHLIGHTS: France: Finding a buyer before a shut down - the "Florange" law - As reported in February's Be Global, the French Government has introduced legislation (known as the "Florange" law) imposing an obligation...more

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Empowering the Bystander: Workplace Harassment and Bullying – Lessons from Richie Incognito and Jonathan Martin

After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions. Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two...more

EEOC Sues Wal-Mart for Age and Disability Discrimination

Keller Store Manager Harassed and Then Fired Because of His Age; Also Denied a Reasonable Accommodation for His Diabetes, Federal Agency Charges - DALLAS - Wal-Mart Stores of Texas, LLC discriminated against a store...more

Bullying in the Workplace: L&E Case Study [Video]

Bullying has been a recent focal point in the media, especially in the context of school bullying. Although not as pervasive, bullying also extends to the workplace. This webinar will identify and define bullying, examine its...more

New Jersey Legislators Reintroduce Bill Seeking To Prohibit Workplace Bullying

On December 16, 2013, the Senate introduced another bill (S3115), the “Healthy Workplace Act,” seeking to prevent workplace bullying, abuse, and harassment. The bill would prohibit any conduct in the workplace that a...more

Lessons from the National Football League in the Workplace

Regardless of whether one is a Miami Dolphins or NFL fan, the recent investigation by the NFL regarding allegations of bullying involving Jonathan Martin may tell a precautionary tale for all employers. Briefly, Martin left...more

Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations

In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

A Workplace Run Amok: Richie Incognito and the Miami Dolphins

For the past week, our national news has been filled with reports about the decision by Miami Dolphin football player Jonathan Martin to leave the team as a result of hazing and harassment to which he was subjected by...more

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