A Bullying Scenario
Itâ€™s true that there are no anti-bullying laws in the US, but that doesnâ€™t mean that bullying canâ€™t be the basis of a lawsuit.
Bryan Boss Shows the Myth of No Anti-Bullying Laws
Letâ€™s use Bryan Boss as the example of how lawsuits spring up around bullying.
- Pushed and shoved Emma Employee (assault and battery, potential OSHA violation),
- Locked her in the conference room (false imprisonment),
- Spread rumors about her performance (defamation),
- Deliberately left Emmaâ€™s written performance warning on the common area copier (invasion of privacy)
- Continuously yells at Emma in department-wide meetings, in the hallway and on the phone (intentional affliction of emotional stress).
So, Emma went to see Henry HR, andâ€¦
- Claimed she was suffering from a psychiatric injury from her bullying boss (workersâ€™ compensation and FMLA),
- Requested an accommodation (ADA)
- Showed Henry evidence that Bryan changed her time sheets and is owed overtime for the past 18 months (FLSA/state wage and hour violations and penalties!)
And then, Emma said:
- She informed Bryan she was pregnant and was told she would not get a promotion because she is â€śa breederâ€ť (gender and pregnancy discrimination)
- After she complained in the company newsletter about her denial of promotion
- Bryan changed her work hours,
- Overtime was denied,
- She was excluded from training and
- She was the only one in the department who didnâ€™t receive a bonus (retaliation)
Finally, Emma whimpered that:
- She can no longer sleep
- She has stomach ailments
- She is now addicted to anti-depressants (more intentional infliction of emotional distress)
- Therefore she feels she has no choice but to resign (constructive discharge)
WARNING â€" Donâ€™t wait for laws to be passed to deal with bullying behavior.