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		<title>Hey Grinch Bosses: No Holiday-Time Terminations!</title>
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		<comments>http://www.undercoverlawyer.com/hey-grinch-bosses-no-holiday-time-terminations/#comments</comments>
		<pubDate>Tue, 27 Nov 2012 00:49:18 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Hostile Work Environment & Workplace Harassment]]></category>
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		<category><![CDATA[Holidays]]></category>
		<category><![CDATA[hostile work environment]]></category>
		<category><![CDATA[termination]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=768</guid>
		<description><![CDATA[No employee should be terminated after the first week of December until after New Years. This is because any employer who fires an employee during this period will be the embodiment of Scrooge in the eyes of a jury. There’s really no acceptable reason for an employee to get terminated during this holiday time period, [...]<div class='yarpp-related-rss'>

Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/is-time-off-on-fmla-really-time-off-or-do-you-have-to-maintain-your-full-time-work-load-while-working-a-reduced-time-schedule/' rel='bookmark' title='Is Time Off On FMLA Really Time Off? (Or, do you have to maintain your full-time work load while working a reduced-time schedule?)'>Is Time Off On FMLA Really Time Off? (Or, do you have to maintain your full-time work load while working a reduced-time schedule?)</a></li>
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<li><a href='http://www.undercoverlawyer.com/has-your-bully-boss-said-anything-this-stupid/' rel='bookmark' title='Has Your Bully Boss Said Anything This Stupid?'>Has Your Bully Boss Said Anything This Stupid?</a></li>
</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2012/11/Scrooge_Human1.jpg"><img src="http://www.undercoverlawyer.com/wp-content/uploads/2012/11/Scrooge_Human1-150x150.jpg" alt="" title="Scrooge_Human" width="150" height="150" class="alignleft size-thumbnail wp-image-773" /></a>No employee should be terminated after the first week of December until after New Years.  This is because any employer who fires an employee during this period will be the embodiment of Scrooge in the eyes of a jury.</p>
<p>There’s really no acceptable reason for an employee to get terminated during this holiday time period, outside of theft.  And even then, if the employee was stealing in order to put food in the mouth of Tiny Tim, the employee still gets a pass.</p>
<p>In other words, no terminations during December.  Period.  If the employee does something so incomprehensibly bad that they must be kept away from work, such as sexually assaulting another employee or stealing cash out of another employee’s purse, then a smart employer will simply keep the employee away from work through New Years.  The employee is put on administrative leave and dealt with on the first workday of the New Year.</p>
<p>For some employers “The holidays” begins with Halloween and ends New Years Day.  I think that’s too expansive.  People get truly angry and direct their outrage toward a company that terminates an employee without warning right before the Christmas/Hanukkah holidays.  And by “people” I mean EEOC investigators, lawyers for employees, and especially, juries.</p>
<p>Now here’s the thing with the “No Holiday-Time Terminations” rule: it doesn’t make good bosses appear bad; it reveals a boss’ true colors, good or bad.  A good boss won’t terminate an employee just before Christmas/Hanukkah, and a good boss naturally understands why doing so would make him look like a Scrooge.</p>
<p>A bad boss, on the other hand, doesn’t understand what the big deal is about holiday-time terminations.  A bad boss thinks Scrooge was just trying to be a responsible businessman, but caved in to sentimentality at the end of “A Christmas Carol”.</p>
<p>Some bad bosses, and very bad HR people, actually argue that a company is doing an employee a favor by not waiting and by firing the employee right before Christmas.  (If you don’t believe me just look <a href="http://www.awakeat2oclock.com/2012/11/holiday-terminations-scrooge-or-chicken.html/">here</a>).   The reasoning, flawed as it may be, is that the employee will run up a credit card balance when buying presents for their kids.  Such an employee, the thinking goes, would prefer to be terminated before running up their credit card bills over the holidays.</p>
<p>This thinking assumes that seeing your kids with no presents at Christmas isn’t that bad so long as you don’t have a balance on your credit card.  Really?  This line of thinking is idiocy.  </p>
<p>Every parent I know would be more likely to use credit cards for their kids’ Christmas presents if the parent lost their job.  This is because, to normal human beings, having your kids wake up on Christmas morning and find no presents under the tree is absolutely unthinkable.  </p>
<p>A bad boss, however, justifies their self-centered desire to fire an employee during the holidays by using crazy thinking like “employees would rather be fired so they don’t buy presents on credit.”  A boss who says this actually just wants to have the employee gone so that the boss doesn’t have to think about terminating the employee during the boss’s own Christmas holiday.<a href="http://www.undercoverlawyer.com/wp-content/uploads/2012/11/ScroogeFirst.jpg"><img src="http://www.undercoverlawyer.com/wp-content/uploads/2012/11/ScroogeFirst-150x150.jpg" alt="" title="ScroogeFirst" width="150" height="150" class="alignright size-thumbnail wp-image-777" /></a></p>
<p>Such breath taking self centeredness, especially during “the most wonderful time of the year” makes this type of boss look so evil that it is easy for a jury or EEOC investigator to believe your boss is discriminating on the basis of some protected class.  And when a jury believes that, you win.</p>
<p>In summary: Holiday-Time Termination + Angry Jury = You Win Big</p>
<p><em>Have you ever seen someone fired at Christmas time or Hanukkah?  Do you think a Holiday-Time termination can *ever* be justified?  Let us know in the comments below.</em></p>
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<li><a href='http://www.undercoverlawyer.com/step-5-of-walking-the-plank-toward-termination-is-your-boss-hassling-you-about-tiny-aspects-of-your-work/' rel='bookmark' title='STEP 5 of Walking The Plank Toward Termination: Is Your Boss Hassling You About Tiny Aspects of Your Work?'>STEP 5 of Walking The Plank Toward Termination: Is Your Boss Hassling You About Tiny Aspects of Your Work?</a></li>
<li><a href='http://www.undercoverlawyer.com/has-your-bully-boss-said-anything-this-stupid/' rel='bookmark' title='Has Your Bully Boss Said Anything This Stupid?'>Has Your Bully Boss Said Anything This Stupid?</a></li>
</ol></p>
</div>
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		<title>Your Comments: Does Living Through a Hostile Work Environment Feel Like Being a POW?</title>
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		<comments>http://www.undercoverlawyer.com/comment-round-up-is-living-through-a-hostile-work-environment-feel-like-being-a-pow/#comments</comments>
		<pubDate>Mon, 16 Jul 2012 02:02:20 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Bad Boss]]></category>
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		<category><![CDATA[Bully Boss]]></category>
		<category><![CDATA[hostile work environment]]></category>
		<category><![CDATA[Unemployment Claims]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=743</guid>
		<description><![CDATA[So many of you replied to the my last article, about how living through a hostile work environment feels like living through a prison camp, that I decided to post some of the most insightful and heartfelt responses.  (I asked their permission too).  Some people think I went too far, but most of you were [...]<div class='yarpp-related-rss'>

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</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2012/07/Comments.jpg"><img class="alignleft size-thumbnail wp-image-750" title="Comments" src="http://www.undercoverlawyer.com/wp-content/uploads/2012/07/Comments-150x150.jpg" alt="" width="150" height="150" /></a>So many of you replied to the my last article, about how living through a hostile work environment feels like living through a prison camp, that I decided to post some of the most insightful and heartfelt responses.  (I asked their permission too).  Some people think I went too far, but most of you were supportive of the point I&#8217;m trying to make: that feeling trapped by a bullying abusive boss leads to the same feelings of panic, desperation, and even PTSD that prisoners of war feel. The actual physical experiences are NOT the same. The <span style="text-decoration: underline;">feelings</span> are very similar.</p>
<p>Without further ado, here are the comments &#8212; and please chime in with your own thoughts at the bottom of this post:<br />
<strong><br />
From &#8220;Johnec&#8221; who works with former prisoners of war as part of his own job:</strong></p>
<blockquote><p>&#8220;I work with former POW’s and while their experience is far more dramatic, the underlying damage is mental more than physical. It is similar (in my case concomitant with) complex PTSD exacerbated by a dysfunctional workplace.&#8221;</p></blockquote>
<p><strong>From DukeInTx:</strong></p>
<blockquote><p>&#8220;&#8230;After a few years, I started to call the [work]place Shawshank.  There are workers around here that wear t-shirts that pretty much say it all: “POW…Post Office Worker”.  I’ve become a foremost authority on hostile work environments and what it feels like to be a prisoner. I don’t wish that on ANYONE!&#8221;</p></blockquote>
<p><strong>Reader &#8220;Tom&#8221; thinks I went too far with the POW analogy:</strong></p>
<blockquote><p>&#8220;You know, I think it&#8217;s  a  real stretch to compare  bullying to a  prison camp.<br />
1. You are  in prison, you have no ability to leave<br />
2.This is not  war, it&#8217;s the  work place and we&#8217;ve had  assholes in the work place for as long as I&#8217;ve been alive<br />
3. You can leave, nothing is  forcing you to stay in that environment and why should you? If you have any BALLS  at all you&#8217;ll tell the SOB to Stuff it and move on. No one is  forcing you to be  abused.<br />
4. All bullies are  cowards, confront them and they back off.<br />
5. You company will not help you. The HR people are gutless and have no  intestinal fortitude to stand up for employees, let alone take on a Manager who is out of line.  They are too interested in covering their  own ass.<br />
6. Bullying is not protected in Title 7 and in discrimination laws, so who do you file a claim with?<br />
7. Management  has  gone a  complete  180. In the 70&#8242;s, participative management theory was the norm, in the  80&#8242;s  the value of the employee and  their pensions and their worth was destroyed by Regan, in the 90&#8242;s we all became a  commodity and management could care less about our well being, in the 2000&#8242;s, all management cares about is more  with less and to hell with your personal satisfaction, so why not Bullying?  Who&#8217;s to stop it?&#8221;</p></blockquote>
<p>I actually do agree with Tom&#8217;s points 1, 2, 5, and 6.  I disagree with 3 and 4.  Point 7 sounds about right and I don&#8217;t question that he experienced those changes over the years.</p>
<p>Here&#8217;s why I disagree with some of Tom&#8217;s points: I&#8217;ve worked with lots of folks who confront a bully and then experience even worse retaliation or get fired, because, just like Tom said, HR won&#8217;t help.</p>
<p>On point 3, in today&#8217;s economy people just can&#8217;t walk off the job when they are offended by a boss who won&#8217;t change.  People have families to feed and rent to pay and there are no alternative jobs out there.  Bullies know this, and are emboldened by this.  The bully&#8217;s attitude seems to be, &#8220;what can you do, leave for another job?! [laughter]&#8220;. So he continues bullying.</p>
<p>One thing Tom and I definitely agree on is that bullying is going unchecked and it&#8217;s damaging good people.</p>
<p><strong>Mary Was Treated Worse Than a Dog</strong></p>
<blockquote><p>&#8220;I agree with you.  My last job was horrible once new owners bought us out.  When I look back on it I would not have treated a dog like they treated me. Each day was like a prison camp&#8230;you need the job and they know it&#8230;given them the power to treat you inhumanly. I was there 8 years longer than any one there..I am a smart educated women..but they tried to make me feel like I was beyond stupid. Complete alienation.&#8221; -Mary</p></blockquote>
<p><strong>Blog reader Jim thinks the P.O.W. analogy is not only appropriate, but forms the basis of a call to arms:</strong></p>
<blockquote><p>&#8220;Great way of putting it, POW!.  Those who have never experienced what it&#8217;s like<br />
to be bullied, belittled, and verbally abused have no idea.  I experienced for years.  Inside of me, I felt like a prisoner.</p>
<p>On a daily basis I was being tortured both emotionally and mentally, so much so that I truly believe that this is why I&#8217;m now diagnosed with an autoimmune disease.  I know because of the great amount of stress and abuse that I was getting at work on a daily basis.  I was singled out and followed around and the list goes on.  Now I am disabled because of the autoimmune disease.  I even asked the doctor what can trigger a disease such as mine, and the doctor said was it could be stress.  The mental,verbal and emotional abuse that I was getting from my supervisors were so enormous that at one point, I just wanted to die.</p>
<p>Let us not give the Undercover Lawyer any grief about the POW&#8217;s and take this personal because he was only quoting what employees have said to him and how employees described their pains to him.  I am a living proof of that.</p>
<p>We all need to work together and STOP! the abuse and bullying in the work environment.  We need the huge corporations to better screen their employees, especially the big guns and the supervisors.  These are the people that think now they can toss you around like a rag doll and you are like dirt to them.&#8221;  -Jim</p></blockquote>
<p><strong>From John, Who Thinks My Analogy is a Bit Extreme but Makes a Fair Point:</strong></p>
<blockquote><p>&#8220;You&#8217;re right on. There are varying degrees of hostile work environment as there were POW camp experiences. And in most cases your analogy is on the extreme side BUT you make your point and we don&#8217;t need to argue the finer points of it.. In my experience there is the sense that you are &#8220;stuck&#8221; where you are, particularly in this economy. Getting out feels like escaping, with the resulting relief once you are past the &#8216;wire&#8217;.&#8221; -John</p></blockquote>
<p><strong>Reader Sharon Sees &#8220;War&#8221; Analogies to Her Own Work Experiences:</strong></p>
<blockquote><p>&#8220;I would agree with this. I felt like it was a war. Adversarial, mind games, and negativity. Many people like me have ptsd. Now if I am called to a meeting or a supervisor wants to talk my anxiety goes through the roof thinking its something bad. In any case whether it goes to court or settled out of court, whether money is recovered or not, it doesn&#8217;t make up for what it does mentally and emotionally.&#8221; -Sharon</p></blockquote>
<p><strong>Tabitha Wrote to Say She Supports the POW Analogy Because She Has Lived Through it:</strong></p>
<blockquote><p>&#8220;I agree 100% with your analogy as I&#8217;ve lived it, currently living through it and know it all first hand!  I once tried a different analogy, to show how I felt, as I was trying to paint the picture of &#8220;feelings&#8221;.  But, using this analogy to a senior male mgr did not work, as I pointed out that every time I see the tormentor, &#8220;it&#8217;s like seeing my rapist again&#8221;.  The mgr got so angry with me saying, &#8220;Did he rape you?!&#8221;  I said, &#8220;No, but that&#8217;s what it feels like when you make eye contact&#8221;.  He still was angry and said it was a horrible analogy, than I snapped back and said, &#8220;How do you know, have you ever been raped?  Well, I have!&#8221;. There was eerie dead silence, than he changed topics.  I agree with your analogy wholeheartedly, and actually this Fortune 100 company will be served papers this week.  Wish me luck!&#8221;</p></blockquote>
<p><strong>Debbie Pulls No Punches In Her Anger Toward Defense Industry Bullies Who Harassed Her</strong></p>
<blockquote><p>&#8220;Ugh. I&#8217;m sick of the goddamned whining from military people all the time.  You have every right to express yourself.  And for the record&#8212;not EVERY damn military person is a hero! I work in the DOD as a contractor and many are misogynistic, PTSD&#8217;d nutjobs that probably raped women and murdered plenty of babies when overseas. I couldn&#8217;t even state the &#8216;c&#8217; word (shhh&#8230;college) or else they&#8217;d have a conniption because hardly any I worked with had even a basic degree.</p>
<p>Well, let&#8217;s just say I&#8217;m suing [Defense Industry Companies] for harassment which spanned 3 jobs in 2 years from the same group of maybe 5 individuals. These men destroyed my career.  I watched them do it to other women before I was targeted. It&#8217;s a game to them, so my violin strings have been cut long ago from their chronic bawling.</p>
<p>Maybe they should get a thicker skin&#8212;something female managers told me when I was pawed at from job to job. The DOD don&#8217;t like women that know this thing called &#8216;reading&#8217;.  After 10 years of being groped and being told it&#8217;s your lot in life to be harassed, just deal with it or else we&#8217;ll lose the contract&#8230;.I had enough.</p>
<p>I mentioned that I had PTSD once to a manager (former NAVY wackjob) when enduring harassment and bullying and he laughed at me. Apparently it only counts if someone&#8217;s gunning for you (literally). Not all of us are dumb enough to enroll in a program where you could be killed for money. There&#8217;s no draft, so there&#8217;s no pity party coming from me.  I&#8217;d rather work a stripper pole than volunteer to be shot at, any day.</p>
<p>Military people don&#8217;t own the term PTSD, so they can suck it.  Bless you for fighting the good fight. Not enough people do it anymore.&#8221; -Debbie</p></blockquote>
<p><strong>John Left His Prison And Fought For Unemployment</strong></p>
<blockquote><p>&#8220;All in all-it was like prison-I retired and I am a part time teacher&#8230;Much better life&#8230;I will always remember how you helped me the day they pushed out the older guy-with the highest pay.<br />
You told me -&#8221;AHHH-Another trick their doing&#8221;  That really helped me.By the way-They tired so very hard not to pay unemployment-Lie on top of lie-I took them to court-the judge smiled-and said-Gentlemen-you will pay this man unemployment for 18 Months&#8230;Too funny!&#8221; John</p></blockquote>
<p><strong>Jennie Also Had To Fight For Her Unemployment After Leaving An Abusive Workplace</strong></p>
<blockquote><p>&#8220;Doubt that you remember me, but we talked in Nov 2009 after I was fired for “misconduct”. Following your advice, I appealed the decision of the Unemployed Commission that I was not entitled to unemployment having been terminated for “misconduct”. Happily, I won that appeal. The examiner said that it was obvious that I was in no way guilty of misconduct.</p>
<p>I did not appeal the decision regarding the discrimination; I was fed up at that point. I wish corporate America were not such a dreadful place; sadly, it’s the pits.&#8221; -Jennie RN</p></blockquote>
<p>&nbsp;</p>
<p><strong>Glenda Knows Segregted Plantation Camps in Hawaii&#8217;s &#8216;Melting Pot&#8217; </strong></p>
<blockquote><p>&#8220;I do not know about POW Camps, but, I know about Segregated Plantation Camps.</p>
<p>Being that I live in Hawaii, no attorney wants to represent me<br />
in a Civil Suit against the State of Hawaii Department of Education,<br />
the Hawaii State Teacher&#8217;s Association and [the bullies].</p>
<p>But there is no discrimination issues within the State of Hawaii.<br />
We have such a &#8220;melting pot&#8221; racial environment. Outsiders don&#8217;t know<br />
until they live here to feel or witness the unfairness and prejudice<br />
amongst the locals.</p>
<p>The people that get mad or upset about what you have said are the very<br />
ones that are creating that &#8220;POW Camp&#8221; atmosphere and are in denial.&#8221;</p></blockquote>
<p><strong>Hawaii Isn&#8217;t the Only Place With Non-Traditional Race Discrimination</strong></p>
<blockquote><p>&#8220;I am one of many unemployed desperately searching for work. I have been searching for a very long time here in Miami, FL. I have found that especially in my area there is severe discrimination. Here if your not Cuban, they will not hire you, even if you&#8217;re of other Hispanic descent and are bilingual with an education. This is going on especially in super markets, warehouses and companies owned by people from Cuba and South America.</p>
<p>I am not racist but come on it has been proven to me right in front of my face. Unfortunately because I didn&#8217;t expect that, I did not record it.</p>
<p>How am I suppose find employment here if no one gives me that chance just because I didn&#8217;t come from one of these countries? I am totally fed-up with this type of discrimination. I wish I could move out of this city.&#8221;</p></blockquote>
<p><strong>Johnny Used FMLA to Fight Back Against His Bullying (and Unsafe!) Bosses</strong></p>
<blockquote><p>&#8220;I have been in the transportation sector almost 30 years, with careers in airlines and now with the railroad. We have severe crew fatigue issues. Then of course if we lose our &#8216;situational awareness&#8221; it is still our fault because of a rule violation.</p>
<p>I am documenting both train and airline accidents and how the abuse of hours of service laws have a dire effect on performance. Case in point:  Last week my job bids forced me to change home terminals. I had just had worked a 11 hour run from City A to City B. I then had to be in City A, before midnight, with the uncertainty of being called to work after my 10 hours of &#8220;undisturbed&#8221; rest.</p>
<p>I told crew management to add 3.5 hours to my rest period due to my 230 mile drive back to City A. I told them that I don&#8217;t include the drive time as part of my rest period in order to be in position for the next train trip. They REFUSED my request. I told them we can do it one of two ways. We can do it my way, or we can do it my way. But in the end we will do it my way. I told them this is the exact reason I have FMLA for myself. So instead of allowing them an additional 3.5 hours rest, I got an additional 12 hours, and never missed a day&#8217;s work in the process. I this point in my life, I will never take bullying and will do what it takes to stop it.&#8221; -Johnny</p></blockquote>
<p><strong>Sharon Believes the Servants in the Book &#8220;<a href="http://www.amazon.com/gp/product/B002YKOXB6/ref=as_li_qf_sp_asin_tl?ie=UTF8&amp;camp=1789&amp;creative=9325&amp;creativeASIN=B002YKOXB6&amp;linkCode=as2&amp;tag=undercovercom-20">The Help</a><img style="border: none !important; margin: 0px !important;" src="http://www.assoc-amazon.com/e/ir?t=undercovercom-20&amp;l=as2&amp;o=1&amp;a=B002YKOXB6" alt="" width="1" height="1" border="0" />&#8221; Are a Much Better Analogy Than POW&#8217;s</strong></p>
<blockquote><p>&#8220;Dear Curt,<br />
Have you read the book or seen the movie, &#8220;The Help&#8221;? &#8230;about a white female journalist who decides to interview black maids in the 50&#8242;s, asking them if they want &#8220;change&#8221;&#8230;?</p>
<p>I think living through a hostile work environment compares better to the negro household employees in this book/movie than to POWs&#8230; I&#8217;ll tell you why&#8230;</p>
<p>POWs are in a known enemy situation that they fell into through no fault of their own. &#8220;Oh crap, I got captured.&#8221;  Maybe a downed plane or a misstep caused them to meet this misfortune.</p>
<p>But the maids needed a job, so they WILLINGLY went to work for &#8220;uppity rich white folk&#8221;, and were expected to do all the shopping, cook all the meals, wash/dry/IRON the laundry, clean the house, dress the children &amp; be their nanny, &amp; take orders, yet they had no voice in the household. They&#8217;re essentially the lowest life form present, yet they clearly run the place. Their white (captors&#8230; err&#8230;) employers expect loyalty and feign the same, yet look down on them as if they&#8217;re second-class, dirty, substandard, undeserving, lowly, etc. etc. (You&#8217;re not qualified, you have no degree, you cannot speak above your rank or address those in authority, and you HAVE no authority&#8230;)</p>
<p>These particular black women rode a bus from their neighborhood very early in the mornings, out to the suburbs to work for these rich white folks, and returned home after bathing the children and putting them to bed&#8230;.. Which meant they left their own children in the care of someone else, their own household needs behind, and had to find the time to do their own housework late in the evenings when they came home exhausted&#8230;not to mention that they devoted time to their employers&#8217; children for pay, while semi-neglecting their own. (Putting in extra hours as required, stressing the home/life situation.)</p>
<p>When they were together, such as on the bus, or on the porch in the evening after work, or perhaps to help with hosting a larger event for one another&#8217;s employers, these black women would laugh and curse and talk about their employers under their breaths, making fun of their shortcomings, quirks, etc., and also to talk about how pitiful and unfair conditions are. However, in the presence of their employers, they&#8217;re courteous, humble, don&#8217;t speak up, don&#8217;t talk back, never take credit for anything, and take whatever scraps fall their way. In the book/movie, one of the household employees finds an old ring on the property that she knows won&#8217;t be missed. She hocks it at a pawn shop to help pay for her sons to go to college (because she can only afford to send one without it), the pawn shop gets word back to her employers, and she gets off the bus one day and is thrown to the ground by two policemen who proceed to beat her shamelessly and slam her head against their windshield before throwing her into their cruiser and taking her to jail.</p>
<p>This is where the similarity becomes even more gripping&#8230;<br />
No one speaks up, no one steps out to help defend her, no one stands up against &#8220;The Man&#8221; because each individual fears for their own personal loss. They accept their place like minions without a voice. They know speaking up will get you punished or blacklisted or fired and worse. If one threatens to speak up, or has had enough, the others rally around to quiet her, saying, &#8220;Just let it go&#8230; there&#8217;s nothing you can do! You&#8217;d better be careful or you&#8217;ll be GONE!&#8221;</p>
<p>I was a bullied employee. I had a 9.5 year track record of having received the highest rating on every annual evaluation, of receiving EVERY SINGLE available award my employer offered. But my position fell under a rotating supervisor, transitioning out every three years, who came in with no supervisory training or employee management skills. I put up with the abuse for two years, although I complained often to superiors and to Human Resources.</p>
<p>Finally my boss jumped on an opportunity to throw me under the bus due to a mistake I made. Long story short, I was fired over an ANONYMOUS report of a policy violation which was never proven, never even investigated. Although I received a huge outpouring of support from peers and coworkers, nothing mattered. My superior called me insubordinate and falsely accused me, and 10 years of files, records, contacts, networking, departmental information, and customer relationships were deleted instantly&#8230; a real loss for the division, not to mention the personnel.</p>
<p>But that&#8217;s not the point&#8230;. The point is to say bullied and harassed employees are more like slaves than POWs&#8230; because as POWs there&#8217;s at least the hope that a bigger body (your country) will come along and rescue you. As slaves, you have no hope but to pray to God and hope something someday changes.</p>
<p>Give this comparison some thought, and rent the movie if you haven&#8217;t seen it&#8230;. it&#8217;ll be well worth your time.&#8221; -Sharon</p></blockquote>
<p><em>If you would like to read the excellent book, &#8220;The Help&#8221; and evaluate Sharon&#8217;s comparison yourself, you can check out the book here:</em><iframe style="width: 120px; height: 240px;" src="http://rcm.amazon.com/e/cm?t=undercovercom-20&amp;o=1&amp;p=8&amp;l=as1&amp;asins=B002YKOXB6&amp;ref=qf_sp_asin_til&amp;fc1=000000&amp;IS2=1&amp;lt1=_blank&amp;m=amazon&amp;lc1=0000FF&amp;bc1=000000&amp;bg1=FFFFFF&amp;f=ifr" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" width="320" height="240"></iframe></p>
<p><strong>Debbie Thinks My Provocative Analogies Give Abused Employees a Voice. Do You Agree?</strong></p>
<blockquote><p>&#8220;I think you are one of the few people who address the issue when other people prefer to ignore it or be dismissive about it. Your analogies are not crossing the line, nor are they exaggerating the issue of hostile work environment. It is through your writings and analogies, that people who have experienced this in the work place FINALLY have a voice.&#8221; -Debbie</p></blockquote>
<p>So what do YOU think? It&#8217;s comparing a hostile work environment to the POW experience a valid analogy, or should comparing anything to the POW experience be off-limits? Do you recognize some of what you have lived through in the events and feelings described John, Glenda, Rose, Sharon and the others in this article? Give use your thoughts using the comments feature below.</p>
<p>Don&#8217;t forget to use the social-buttons to &#8220;Like&#8221; or Tweet this post, too! Thanks!</p>
<div class='yarpp-related-rss'>
<p>Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/prison-camp-hostile-work-environment/' rel='bookmark' title='Is a Prison Camp Comparable to Living Through a Hostile Work Environment?'>Is a Prison Camp Comparable to Living Through a Hostile Work Environment?</a></li>
<li><a href='http://www.undercoverlawyer.com/whistleblower-stops-the-train-of-hostile-work-environment/' rel='bookmark' title='Whistleblower Stops The Train of Hostile Work Environment'>Whistleblower Stops The Train of Hostile Work Environment</a></li>
<li><a href='http://www.undercoverlawyer.com/the-one-key-secret-to-establishing-an-illegal-hostile-work-environment/' rel='bookmark' title='Curt&#8217;s Article About Hostile Work Environment Wins Award For Best New Hub!'>Curt&#8217;s Article About Hostile Work Environment Wins Award For Best New Hub!</a></li>
</ol></p>
</div>
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		<item>
		<title>Is a Prison Camp Comparable to Living Through a Hostile Work Environment?</title>
		<link>http://feedproxy.google.com/~r/Undercoverlawyer/~3/nTZBoph0XpE/</link>
		<comments>http://www.undercoverlawyer.com/prison-camp-hostile-work-environment/#comments</comments>
		<pubDate>Tue, 05 Jun 2012 02:28:23 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Hostile Work Environment & Workplace Harassment]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Bully Boss]]></category>
		<category><![CDATA[hostile work environment]]></category>
		<category><![CDATA[Hostile Workplace]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=735</guid>
		<description><![CDATA[I’ve been wanting to write more, and post more regularly to this blog. Like lots of people, instead of working directly on my goal I’ve procrastinated by doing any number of different things that feel like they are related to my goal, but really aren’t. I’ve compiled lists of writing ideas, written out writing schedules, [...]<div class='yarpp-related-rss'>

Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/comment-round-up-is-living-through-a-hostile-work-environment-feel-like-being-a-pow/' rel='bookmark' title='Your Comments: Does Living Through a Hostile Work Environment Feel Like Being a POW?'>Your Comments: Does Living Through a Hostile Work Environment Feel Like Being a POW?</a></li>
<li><a href='http://www.undercoverlawyer.com/how-to-document-a-hostile-work-environment/' rel='bookmark' title='How To Document a Hostile Work Environment'>How To Document a Hostile Work Environment</a></li>
<li><a href='http://www.undercoverlawyer.com/why-you-should-not-give-up-if-the-eeoc-turns-down-your-hostile-work-environment-claim/' rel='bookmark' title='Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim'>Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim</a></li>
</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.amazon.com/gp/product/1400064163/ref=as_li_qf_sp_asin_il?ie=UTF8&amp;tag=undercovercom-20&amp;linkCode=as2&amp;camp=1789&amp;creative=9325&amp;creativeASIN=1400064163"><img src="http://ws.assoc-amazon.com/widgets/q?_encoding=UTF8&amp;Format=_SL110_&amp;ASIN=1400064163&amp;MarketPlace=US&amp;ID=AsinImage&amp;WS=1&amp;tag=undercovercom-20&amp;ServiceVersion=20070822" alt="" border="0" /></a><img style="border: none !important; margin: 0px !important;" src="http://www.assoc-amazon.com/e/ir?t=undercovercom-20&amp;l=as2&amp;o=1&amp;a=1400064163" alt="" width="1" height="1" border="0" /><br />
I’ve been wanting to write more, and post more regularly to this blog. Like lots of people, instead of working directly on my goal I’ve procrastinated by doing any number of different things that feel like they are related to my goal, but really aren’t. I’ve compiled lists of writing ideas, written out writing schedules, got a new writing program to use on my laptop, and the mother-of-all-time-wasters: “research.”</p>
<p>In an effort to not waste so much time clicking from article to article on the web, I decided I would shut the laptop and go back to reading some full length books. But you got to start slow, right? Not just jump into reading dense legal reference books. So I thought it would be good to read a book about overcoming adversity, since so many of the people who visit this site are trying, desperately, to overcome severe adversity at work.</p>
<p>The book I picked up was “<a href="http://www.amazon.com/gp/product/1400064163/ref=as_li_qf_sp_asin_tl?ie=UTF8&amp;tag=undercovercom-20&amp;linkCode=as2&amp;camp=1789&amp;creative=9325&amp;creativeASIN=1400064163">Unbroken: A World War II Story of Survival, Resilience, and Redemption</a><img style="border: none !important; margin: 0px !important;" src="http://www.assoc-amazon.com/e/ir?t=undercovercom-20&amp;l=as2&amp;o=1&amp;a=1400064163" alt="" width="1" height="1" border="0" />”. It is the story of Army Air Forces bomber Louis Zamperini overcoming adversity, then worse adversity, then even worse adversity, then repeatedly facing death.</p>
<p>&nbsp;</p>
<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2012/06/420_unbroken_plane.jpg"><img class="alignleft size-medium wp-image-738" title="420_unbroken_plane" src="http://www.undercoverlawyer.com/wp-content/uploads/2012/06/420_unbroken_plane-300x225.jpg" alt="" width="300" height="225" /></a></p>
<p>Not to give anything away, but even if you just read the cover flap of this book you’ll learn that Louis crashes into the pacific and is presumed lost. He and another from his plane survive for weeks in a life raft, face down sharks, dehydration, starvation, and then right when it appears they are going to be saved they get shot at and taken prisoner by the Japanese military.</p>
<p>The first portion of this book, where Louis fights nature to stay alive, is inspiring in a traditional way. It’s not too different than any “lost at sea” or “shipwrecked” story that you’ve heard before except that Unbroken is so exceptionally well written. Where the book becomes not just inspiring, but also deeply troubling and cautionary in tone is after the Japanese military captures Louis and he is sent to a prison camp.</p>
<p>What I got out of the book also changed. Instead of merely learning some lessons about “overcoming adversity” &#8212; of surviving a plane wreck and living in a life raft &#8212; when Louis and his friend Phil are sent to a prison camp the meaning of the book suddenly began to parallel the lives of so many people who are bullied and harassed at work.</p>
<p>No, really. I know some who read this article will think I’m going way over the top when I say that a WWII prison camp is an appropriate comparison for what it feels like to live in a hostile work environment. And, I do realize most employees don’t face death and beatings in the modern workplace.</p>
<p>But hear me out on why I think the prison camp actually is a good analogy for a truly hostile work environment; there are many parallels to how it FEELS.</p>
<ul>
<li>The inability to make sense of what is happening to you</li>
<li>The confusion over why this being allowed to happen</li>
<li>Why are good people standing by and not doing something to stop this?</li>
<li>The mental anguish that continues even after the tormentor is gone for the day &#8212; the way the few minutes of actual interaction with the tormentor occupy the employee/prisoner’s mind for hour after anguishing hour, taking away sleep, the ability to interact with others, or even think about anything other than worry and fear over the NEXT interaction with the tormentor.</li>
</ul>
<p>Here is the passage, describing how Louis and Phil maintained feelings of hope when they were trying to survive in their life raft after their plane (the Green Hornet) crashed. But, how difficult it became to maintain hope when instead of fighting nature, they became prisoners of war and had to fight off the humiliation their captors subjected them to.</p>
<p>This is the text that caused me to believe that prison camps are an instructive analogy for what it feels like to live through a hostile work environment:</p>
<blockquote><p>The crash of Green Hornet had left Louie and Phil in the most desperate physical extremity, without food, water, or shelter. But on Kwajalein, the guards sought to deprive them of something that had sustained them even as all else had been lost: dignity. This self-respect and sense of self-worth, the innermost armament of the soul, lies at the heart of humanness; to be deprived of it is to be dehumanized, to be cleaved from, and cast below, mankind. Men subjected to dehumanizing treatment experience profound wretchedness and loneliness and find that hope is almost impossible to retain. Without dignity, identity is erased. In its absence, men are defined not by themselves, but by their captors and the circumstances in which they are forced to live. One American airman, shot down and relentlessly debased by his Japanese captors, described the state of mind that his captivity created: “I was literally becoming a lesser human being.”</p></blockquote>
<p>In both situations the total organization is not completely evil. Even in the prison camps that Louis lived through there were guards who were humane, who showed compassion, and who tried to make life a little better for the prisoners.</p>
<p>There were also laws, from the Geneva convention, that were supposed to protect prisoners of war so that prisoners were treated humanely. In addition to the Geneva convention, the Japanese military had its own rules about the ethical treatment of prisoners, and set limits on what guards and prison officials could and could not do.</p>
<p>Just like business organizations, where most people are basically good, a few dark souls worked their way into positions of authority at the prison camps where Louis was held. While a prisoner of war Louis was abused by a prison official who oversaw a single camp who was known as “the Bird.” Bird wasn’t the head of all the prison camps, he was only in charge of one location at a time. There were good people in the Japanese Military above Bird, and there were good people below him. Despite the presence of ethical people around him, Bird was allowed to single out, abuse, beat and psychologically torment Louis.</p>
<p>Bird physically and mentally tortured Louis for no apparent reason. And for no apparent reason the ethical people around Bird did not step up and stop him from trying to destroy Louis. The international laws of the Geneva convention did not stop Bird from beating Louis. The Japanese Military’s own rules about ethical treatment of prisoners did not stop Bird from threatening Louis with death one day, then acting like he never made the threat the next day.</p>
<ul>
<li>Why did the laws fail Louis?</li>
<li>Why did the internal rules of the Japanese military fail Louis?</li>
<li>Why did the humane people above Bird and below Bird in the prison camp system fail to stop Bird from beating and mentally torturing Louis?</li>
<li>And what was it about Bird himself that lead him to behave so cruelly?</li>
</ul>
<p>All of these questions parallel the questions that abused employees ask themselves.</p>
<ul>
<li>Why are employment laws ignored?</li>
<li>How come company policies are not followed?</li>
<li>Why do executives turn a blind eye to abusive managers, and how come co-workers won’t stand up against a bully (is it for fear that they will become the bully’s next target)?</li>
</ul>
<p>The similarities continue.  Prison camp survivors continue suffering mental anguish even after the confinement ends.  Louis struggled with nightmares about Bird. Even when safely back in the U.S., Louis either could not sleep, or his sleep was stolen by dreams of Bird torturing him both physically and psychologically. To help him avoid these painful memories and dreams, Louis began drinking every night. His marriage suffered. His body suffered. After surviving years of living in a military prison camp, the mere memories of abuse (rather than the abuse itself) nearly destroyed him.</p>
<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2012/06/louie-and-pete_unbroken.jpg"><img class="alignright size-medium wp-image-740" title="1A BOOK UNBROKEN 4" src="http://www.undercoverlawyer.com/wp-content/uploads/2012/06/louie-and-pete_unbroken-300x214.jpg" alt="" width="300" height="214" /></a></p>
<p>Since the title of the book is “Unbroken”, you’ve probably figured out that the prison camps and memories of abuse by his tormentor do not ultimately destroy Louis. The book is inspiring, as I had hoped, but it is also more than that.</p>
<p>Unbroken provides keen insights into how it feels to be singled out for cruel and meaningless abuse by another human being. The book struggles to make sense out of how a few dark souls can bring themselves to intentionally cause another human being to suffer.  Though there really is no good explanation as to why one human acts so cruelly toward another, the message of the book is one of hope.</p>
<p>Somewhere deep inside every victim there is the capacity to cling to your essential human dignity, and not allow your tormentor to reach your soul. In each of us, deep inside, there is the strength to remain unbroken.</p>
<p><a href="http://www.amazon.com/gp/product/1400064163/ref=as_li_qf_sp_asin_il?ie=UTF8&amp;tag=undercovercom-20&amp;linkCode=as2&amp;camp=1789&amp;creative=9325&amp;creativeASIN=1400064163"><img src="http://ws.assoc-amazon.com/widgets/q?_encoding=UTF8&amp;Format=_SL110_&amp;ASIN=1400064163&amp;MarketPlace=US&amp;ID=AsinImage&amp;WS=1&amp;tag=undercovercom-20&amp;ServiceVersion=20070822" alt="" border="0" /></a><img style="border: none !important; margin: 0px !important;" src="http://www.assoc-amazon.com/e/ir?t=undercovercom-20&amp;l=as2&amp;o=1&amp;a=1400064163" alt="" width="1" height="1" border="0" /></p>
<p>P.S. Click on the book cover to go to Amazon and read more about the amazing story &#8220;Unbroken&#8221;. Please know that if you use this link to Amazon, like any link to Amazon from this site, and you decide to buy the book, I will receive a small commission. It helps pay for hosting, which I appreciate, but you are free to go to Amazon my typing the URL into your navigation bar or purchasing the book at you local bookstore. Either way, &#8220;Unbroken&#8221; is a great read you won&#8217;t be able to put down. -Curt</p>
<div class='yarpp-related-rss'>
<p>Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/comment-round-up-is-living-through-a-hostile-work-environment-feel-like-being-a-pow/' rel='bookmark' title='Your Comments: Does Living Through a Hostile Work Environment Feel Like Being a POW?'>Your Comments: Does Living Through a Hostile Work Environment Feel Like Being a POW?</a></li>
<li><a href='http://www.undercoverlawyer.com/how-to-document-a-hostile-work-environment/' rel='bookmark' title='How To Document a Hostile Work Environment'>How To Document a Hostile Work Environment</a></li>
<li><a href='http://www.undercoverlawyer.com/why-you-should-not-give-up-if-the-eeoc-turns-down-your-hostile-work-environment-claim/' rel='bookmark' title='Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim'>Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim</a></li>
</ol></p>
</div>
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		<title>Has Your Bully Boss Said Anything This Stupid?</title>
		<link>http://feedproxy.google.com/~r/Undercoverlawyer/~3/_F2MWKeJmcQ/</link>
		<comments>http://www.undercoverlawyer.com/has-your-bully-boss-said-anything-this-stupid/#comments</comments>
		<pubDate>Mon, 03 Oct 2011 03:18:35 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Bad Boss]]></category>
		<category><![CDATA[Blog]]></category>
		<category><![CDATA[Discrimination]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Hostile Work Environment & Workplace Harassment]]></category>
		<category><![CDATA[Bully Boss]]></category>
		<category><![CDATA[hostile work environment]]></category>
		<category><![CDATA[Hostile Workplace]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=709</guid>
		<description><![CDATA[Sometimes the stupid stuff your boss says is SO overwhelmingly stupid, that it&#8217;s funny. And because being someone who is fighting back against harassment and bullies is stressful, I wanted to give you something to help you laugh a bit. I&#8217;m generally a serious guy, but sometimes you just need to laugh, you know? So, [...]<div class='yarpp-related-rss'>

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<li><a href='http://www.undercoverlawyer.com/when-your-bully-boss-is-behind-closed-doors-do-you-want-to-know-what-the-lawyers-are-telling-him/' rel='bookmark' title='When Your Bully Boss is Behind Closed Doors, Do You Want to Know What the Lawyers Are Telling Him?'>When Your Bully Boss is Behind Closed Doors, Do You Want to Know What the Lawyers Are Telling Him?</a></li>
<li><a href='http://www.undercoverlawyer.com/bully-boss-suvivor-marilyn-veincentotzs-and-the-new-undercover-hr-director-onyourside/' rel='bookmark' title='Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)'>Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)</a></li>
<li><a href='http://www.undercoverlawyer.com/video-heres-the-only-way-to-stop-a-bully-boss-from-giving-a-bad-reference/' rel='bookmark' title='Video: Here&#8217;s the Only Way to Stop a Bully Boss from Giving a Bad Reference'>Video: Here&#8217;s the Only Way to Stop a Bully Boss from Giving a Bad Reference</a></li>
</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/10/bossAngelDevil.jpg"><img src="http://www.undercoverlawyer.com/wp-content/uploads/2011/10/bossAngelDevil-150x150.jpg" alt="" title="bossAngelDevil" width="150" height="150" class="alignleft size-thumbnail wp-image-723" /></a>Sometimes the stupid stuff your boss says is SO overwhelmingly stupid, that it&#8217;s funny.  And because being someone who is fighting back against harassment and bullies is stressful, I wanted to give you something to help you laugh a bit.</p>
<p>I&#8217;m generally a serious guy, but sometimes you just need to laugh, you know?  So, I hope this can put a smile on your face and give you the brief mental break that you need and deserve.</p>
<p>So here&#8217;s the list of 32 dumb things managers say included.</p>
<p>1.      &#8220;Am I the only one around here with half a brain?!&#8221;</p>
<p>2.     &#8220;I know my plan won&#8217;t work, but don&#8217;t disagree with me in front of others.&#8221;</p>
<p>3.     &#8220;I only say those things to look tough. I&#8217;m reshaping my image for advancement.&#8221;</p>
<p>4.     &#8220;I tried to e-mail you to tell you that my e-mail wasn&#8217;t working, but my e-mail wasn&#8217;t working.&#8221;</p>
<p>5.     &#8220;If you are on schedule, then your plan was not aggressive enough. If you are behind schedule, you must be goofing off.&#8221;</p>
<p>6.     You don&#8217;t want a union! I know I don&#8217;t pay you much per hour, but I give you lots of hours. If you want more money, just work more hours! A union will take that flexibility from you.&#8221;</p>
<p>7.     &#8220;I&#8217;m sorry if I ever gave you the impression your input would have any effect on my final decision.&#8221;</p>
<p>8.     &#8220;We&#8217;ve experienced dramatic increases in our long distance bills. In the future, please exercise restraint concerning long distance phone calls, faxes and emails.&#8221;</p>
<p>9.     &#8220;I&#8217;ve noticed that our &#8216;cost of goods sold&#8217; rise whenever we experience greater sales. What can we do to reverse this trend?&#8221;</p>
<p>10.  &#8220;What this department lacks is leadership.&#8221;</p>
<p>11.  &#8220;Don&#8217;t worry, give it a try. You have nothing to fear but failure, demotion and termination.&#8221;</p>
<p>12.  &#8220;I&#8217;m getting a new company car new week. Please call the dealer and ask him to delay the delivery until after Wednesday&#8217;s layoffs. I want to appear sensitive.&#8221;</p>
<p>13.  &#8220;Your report shows that 65% of our customers live outside the Unites States. Well, where are the rest of our customers? Pay attention to these details in the future.&#8221;</p>
<p>14.  &#8220;This marketing campaign will have a worldwide focus.&#8221;</p>
<p>15.  &#8220;Bonuses in my department are rewarded to team players who have demonstrated an appreciation for my leadership.&#8221;</p>
<p>16.  &#8220;I don&#8217;t want to force this decision on you. It would be much easier if you just agree.&#8221;</p>
<p>17.  &#8220;I&#8217;ve already made up my mind, but I am eager to hear everything you have to say on the matter.&#8221;</p>
<p>18.  &#8220;Next time, if you leave me an important voice mail message, do the right thing, call me and let me know it&#8217;s there.&#8221;</p>
<p>19.  &#8220;Fairness is applied evenly, according to my rules.&#8221;</p>
<p>20.  &#8220;I know there is a communication problem in my department. I just don&#8217;t want to talk about it.&#8221;</p>
<p>21.  &#8220;We have too many unproductive meetings. Please put aside next Wednesday to attend an all-employee staff meeting to discuss this issue.&#8221;</p>
<p>22.  &#8220;I know what the research reports says, but I have to go with my gut on this one.&#8221;</p>
<p>23.  &#8220;I don&#8217;t like to micro-manage, but I need to know everything that&#8217;s going on.&#8221;</p>
<p>24.  &#8220;Okay you bunch of cry babies, what&#8217;s this I hear about bad employer-employee relations?&#8221;</p>
<p>25.  &#8220;I know that I am great leader. This department, however, needs help learning to follow.&#8221;</p>
<p>26.  &#8220;Just because you&#8217;re right more often than me, doesn&#8217;t mean you&#8217;ll be a better manager.&#8221;</p>
<p>27.  &#8220;We do things democratically in my department&#8230;and I&#8217;m the ruler.&#8221;</p>
<p>28.  &#8220;Whenever you have an idea, discuss it with me first, and if I feel it is a good idea, I&#8217;ll tell the others. You must learn to let me get credit for your good ideas. That&#8217;s what team work is all about.&#8221;</p>
<p>29.  &#8220;If it wasn&#8217;t for you, I&#8217;d be the shining star in this department.&#8221;</p>
<p>30.  &#8220;I think you prefer your idea JUST because it&#8217;s better than mine.&#8221;</p>
<p>31.  &#8220;I threw your suggestion away. Only managers can make suggestions.&#8221;</p>
<p>32.   &#8220;It has come to may attention that your salary is well below the industry average. Therefore I am changing your title.&#8221;</p>
<p><em>If you need all the help you can get right NOW, then <a href="http://www.undercoverlawyer.com/store-page">get my book, Work Laws Exposed</a> and you will receive the full power of my complete system.  It&#8217;s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.</em></p>
<div class='yarpp-related-rss'>
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<li><a href='http://www.undercoverlawyer.com/bully-boss-suvivor-marilyn-veincentotzs-and-the-new-undercover-hr-director-onyourside/' rel='bookmark' title='Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)'>Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)</a></li>
<li><a href='http://www.undercoverlawyer.com/video-heres-the-only-way-to-stop-a-bully-boss-from-giving-a-bad-reference/' rel='bookmark' title='Video: Here&#8217;s the Only Way to Stop a Bully Boss from Giving a Bad Reference'>Video: Here&#8217;s the Only Way to Stop a Bully Boss from Giving a Bad Reference</a></li>
</ol></p>
</div>
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		<item>
		<title>The 12 Steps of “Restructuring” Jobs to Eliminate Older Workers</title>
		<link>http://feedproxy.google.com/~r/Undercoverlawyer/~3/EMbLEOgd4u8/</link>
		<comments>http://www.undercoverlawyer.com/the-12-steps-of-restructuring-jobs-to-eliminate-older-workers/#comments</comments>
		<pubDate>Mon, 26 Sep 2011 01:13:39 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Age Discrimination]]></category>
		<category><![CDATA[Blog]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Hostile Work Environment & Workplace Harassment]]></category>
		<category><![CDATA[Bully Boss]]></category>
		<category><![CDATA[employee rights]]></category>
		<category><![CDATA[hostile work environment]]></category>
		<category><![CDATA[video]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=694</guid>
		<description><![CDATA[A bully boss will go to great lengths to terminate an employee they no longer want.  Frequently age discrimination, a kind of senior-employee-phobia, is the root cause. As both a defense lawyer advising companies, and in my role as the Undercover Lawyer advising individuals, I&#8217;ve witnessed the following pattern many times: 1.)  First Time Supervisor [...]<div class='yarpp-related-rss'>

Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/do-you-know-the-4-key-steps-to-taking-back-your-life-from-a-bully/' rel='bookmark' title='Do You Know the 4 Key Steps to Taking Back Your Life from a Bully?'>Do You Know the 4 Key Steps to Taking Back Your Life from a Bully?</a></li>
<li><a href='http://www.undercoverlawyer.com/video-stopping-age-discrimination-how-two-women-did-it/' rel='bookmark' title='Video: Stopping Age Discrimination, How Two Women Did It'>Video: Stopping Age Discrimination, How Two Women Did It</a></li>
<li><a href='http://www.undercoverlawyer.com/steps-toward-workplace-civility-law-could-you-qualify-for-disability-benefits/' rel='bookmark' title='Steps Toward Workplace Civility Law &amp; Could You Qualify for Disability Benefits?'>Steps Toward Workplace Civility Law &#038; Could You Qualify for Disability Benefits?</a></li>
</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/09/The-12-Steps-of-“Restructuring”-Jobs-to-Eliminate-Older-Workers-.jpg"><img class="alignleft size-thumbnail wp-image-700" title="The 12 Steps of “Restructuring” Jobs to Eliminate Older Workers |" src="http://www.undercoverlawyer.com/wp-content/uploads/2011/09/The-12-Steps-of-“Restructuring”-Jobs-to-Eliminate-Older-Workers--150x150.jpg" alt="" width="150" height="150" /></a>A bully boss will go to great lengths to terminate an employee they no longer want.  Frequently age discrimination, a kind of senior-employee-phobia, is the root cause. As both a defense lawyer advising companies, and in my role as the Undercover Lawyer advising individuals, I&#8217;ve witnessed the following pattern many times:</p>
<p>1.)  First Time Supervisor is in his/her 30&#8242;s and nervous about being in charge of other employees</p>
<p>2.)  First Time Supervisor is intimidated and scared of employees who are in their 50&#8242;s and 60&#8242;s, but doesn&#8217;t want anyone to know it</p>
<p>3.)  Employees in their 50&#8242;s and 60&#8242;s get micro-managed and nit picked by the First Time Supervisor over minuscule issues, which are the only issues the First Time Supervisor understands</p>
<p>4.)  Older Employees get sick of being nattered at about non-essential aspects of their jobs</p>
<p>5.)  The Older Employees voice their concerns about First Time Supervisor to higher management, exposing gaping holes in the First Time Supervisor&#8217;s job knowledge</p>
<p>6.)  First Time Supervisor reacts angrily, and starts &#8220;writing up&#8221; the Older Employees for minuscule mistakes in non-essential areas of their jobs</p>
<p>7.)  HR informs the First Time Supervisor that the Senior Employees have too many years of good appraisals to fire them right away for job performance</p>
<p>8.)  HR and First Time Supervisor decide to &#8220;re-engineer the department&#8221; and &#8220;flatten the structure&#8221; (which means eliminating 2 senior level jobs occupied by older employees)</p>
<p>9.)  To discourage the Older Employees from applying for one of the three so-called &#8220;new&#8221; jobs, the three new jobs pay far less than the two eliminated positions</p>
<p>10.)  The pay range of the three new positions are perfectly acceptable to young employees in their 20&#8242;s who have roommates to help pay rent and no families to support</p>
<p>11.)  This change is reported to the Press and the Government as &#8220;utilizing efficiencies for the net creation of one job&#8221;</p>
<p>12.)  Bullies in other organizati0ns point to &#8220;jobs creation&#8221; like this as proof that &#8220;if you don&#8217;t like it here you can just quit and find a position with another company&#8221;</p>
<p>Take a look at the video below, then let me know in the comments section if you have seen or experienced this pattern in your own work life.</p>
<p>-Curt</p>
<p><iframe src="http://www.youtube.com/embed/RG_2DcqQiV0" frameborder="0" width="560" height="315"></iframe></p>
<p><em>If your story sounds at all similar, be sure to get my FREE &#8220;7-Secrets of Work Law&#8221; e-mail course. Learn how to fight back against a bully boss.</em><br />
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<p><em>If you need all the help you can get right NOW, then <a href="http://www.undercoverlawyer.com/store-page">get my book, Work Laws Exposed</a> and you will receive the full power of my complete system.  It&#8217;s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.</em></p>
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<li><a href='http://www.undercoverlawyer.com/video-stopping-age-discrimination-how-two-women-did-it/' rel='bookmark' title='Video: Stopping Age Discrimination, How Two Women Did It'>Video: Stopping Age Discrimination, How Two Women Did It</a></li>
<li><a href='http://www.undercoverlawyer.com/steps-toward-workplace-civility-law-could-you-qualify-for-disability-benefits/' rel='bookmark' title='Steps Toward Workplace Civility Law &amp; Could You Qualify for Disability Benefits?'>Steps Toward Workplace Civility Law &#038; Could You Qualify for Disability Benefits?</a></li>
</ol></p>
</div>
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		<item>
		<title>Video: Stopping Age Discrimination, How Two Women Did It</title>
		<link>http://feedproxy.google.com/~r/Undercoverlawyer/~3/F5ix832Zkf4/</link>
		<comments>http://www.undercoverlawyer.com/video-stopping-age-discrimination-how-two-women-did-it/#comments</comments>
		<pubDate>Thu, 15 Sep 2011 16:13:17 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Age Discrimination]]></category>
		<category><![CDATA[Blog]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[economy]]></category>
		<category><![CDATA[employee rights]]></category>
		<category><![CDATA[new supervisor]]></category>
		<category><![CDATA[video]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=678</guid>
		<description><![CDATA[Many of the people who utilize the phone conference I offer to book buyers tell me that they just feel bullied and picked on, but it&#8217;s not because of any &#8220;protected class&#8221;. But then I ask them how old their boss is compared to them. &#8220;Well, she&#8217;s quite a bit younger than me, actually.&#8221; Then [...]<div class='yarpp-related-rss'>

Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/workplace-harassment-bill/' rel='bookmark' title='Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill'>Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill</a></li>
<li><a href='http://www.undercoverlawyer.com/age-discrimination-beware-a-sudden-change-in-your-performance-appraisals/' rel='bookmark' title='Age Discrimination: Beware a Sudden  Change in Your Performance Appraisals'>Age Discrimination: Beware a Sudden  Change in Your Performance Appraisals</a></li>
<li><a href='http://www.undercoverlawyer.com/the-12-steps-of-restructuring-jobs-to-eliminate-older-workers/' rel='bookmark' title='The 12 Steps of &#8220;Restructuring&#8221; Jobs to Eliminate Older Workers'>The 12 Steps of &#8220;Restructuring&#8221; Jobs to Eliminate Older Workers</a></li>
</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/09/AgeDiscrim_splitscreen.jpg"><img src="http://www.undercoverlawyer.com/wp-content/uploads/2011/09/AgeDiscrim_splitscreen-150x150.jpg" alt="" title="AgeDiscrim_splitscreen" width="150" height="150" class="alignleft size-thumbnail wp-image-682" /></a>Many of the people who utilize the phone conference I offer to book buyers tell me that they just feel bullied and picked on, but it&#8217;s not because of any &#8220;protected class&#8221;.  </p>
<p>But then I ask them how old their boss is compared to them.  &#8220;Well, she&#8217;s quite a bit younger than me, actually.&#8221; </p>
<p>Then I ask if she has any favorites?  You know what comes next&#8230; &#8220;Why yes she does, and they are even younger than her.&#8221;  </p>
<p>Finally I ask if anyone has been hired or fired from the department since this new boss took the helm.  &#8220;You know one person was given a severance package and left suddenly&#8230; and he was even older than me.  The boss hired one of her own friends from her old company as the replacement.  Didn&#8217;t even advertise the opening.&#8221;</p>
<p>Age discrimination can be blatant (yelling &#8220;You&#8217;re a dinosaur!&#8221;), but it&#8217;s more often subtle.</p>
<p>After a career of positive annual appraisals, an employee gets her first mediocre review.  The next year it&#8217;s a little bit worse.  Before the next annual appraisal comes around, the employee is on a PIP &#8212; a &#8220;Performance Improvement Plan,&#8221; and fears she will be fired soon.</p>
<p>What can be especially hard is when the performance goals are objective, like sales goals, and the older employee is not meeting those sales goals.  If they get fired, where&#8217;s the age discrimination in that?</p>
<p>Well, it&#8217;s all a matter of treating similarly situated employees according to the same standards.  What if two older salespersons are fired, but younger people with the same sales numbers were not fired?</p>
<p>That&#8217;s what happened to two women who worked for a wireless phone store, and this video tells you how they fought back against age discrimination, and won.</p>
<p><iframe width="560" height="315" src="http://www.youtube.com/embed/V9TZRktftwA?rel=0" frameborder="0" allowfullscreen></iframe></p>
<p><em>If you need all the help you can get right NOW, then <a href="http://www.undercoverlawyer.com/store-page">get my book, Work Laws Exposed</a> and you will receive the full power of my complete system.  It&#8217;s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.</em></p>
<div class='yarpp-related-rss'>
<p>Related posts:<ol>
<li><a href='http://www.undercoverlawyer.com/workplace-harassment-bill/' rel='bookmark' title='Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill'>Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill</a></li>
<li><a href='http://www.undercoverlawyer.com/age-discrimination-beware-a-sudden-change-in-your-performance-appraisals/' rel='bookmark' title='Age Discrimination: Beware a Sudden  Change in Your Performance Appraisals'>Age Discrimination: Beware a Sudden  Change in Your Performance Appraisals</a></li>
<li><a href='http://www.undercoverlawyer.com/the-12-steps-of-restructuring-jobs-to-eliminate-older-workers/' rel='bookmark' title='The 12 Steps of &#8220;Restructuring&#8221; Jobs to Eliminate Older Workers'>The 12 Steps of &#8220;Restructuring&#8221; Jobs to Eliminate Older Workers</a></li>
</ol></p>
</div>
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		<title>Video: Here’s the Only Way to Stop a Bully Boss from Giving a Bad Reference</title>
		<link>http://feedproxy.google.com/~r/Undercoverlawyer/~3/d99gb2NepVQ/</link>
		<comments>http://www.undercoverlawyer.com/video-heres-the-only-way-to-stop-a-bully-boss-from-giving-a-bad-reference/#comments</comments>
		<pubDate>Thu, 08 Sep 2011 05:20:59 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
				<category><![CDATA[Bad Boss]]></category>
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		<category><![CDATA[Legal Strategies]]></category>
		<category><![CDATA[Videos]]></category>
		<category><![CDATA[employee rights]]></category>
		<category><![CDATA[hostile work environment cases]]></category>
		<category><![CDATA[references]]></category>

		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=648</guid>
		<description><![CDATA[Is your bully boss keeping you under his or her thumb by giving you bad references, so that you can&#8217;t escape?  Or have you escaped the abusive boss, only to find he is still trying to ruin your life by giving you bad references? Here is the one and only way to force the boss [...]<div class='yarpp-related-rss'>

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<li><a href='http://www.undercoverlawyer.com/is-your-former-abusive-boss-going-to-give-you-a-bad-reference-heres-how-to-fix-it/' rel='bookmark' title='Is Your Former Abusive Boss Going to Give You a Bad Reference?  Here&#8217;s How to Fix It'>Is Your Former Abusive Boss Going to Give You a Bad Reference?  Here&#8217;s How to Fix It</a></li>
<li><a href='http://www.undercoverlawyer.com/has-your-bully-boss-said-anything-this-stupid/' rel='bookmark' title='Has Your Bully Boss Said Anything This Stupid?'>Has Your Bully Boss Said Anything This Stupid?</a></li>
<li><a href='http://www.undercoverlawyer.com/bully-boss-suvivor-marilyn-veincentotzs-and-the-new-undercover-hr-director-onyourside/' rel='bookmark' title='Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)'>Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)</a></li>
</ol>
</div>
]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/09/VideoCoverBadRefs2.jpg"><img src="http://www.undercoverlawyer.com/wp-content/uploads/2011/09/VideoCoverBadRefs2-150x150.jpg" alt="" title="VideoCoverBadRefs2" width="150" height="150" class="alignleft size-thumbnail wp-image-652" /></a>Is your bully boss keeping you under his or her thumb by giving you bad references, so that you can&#8217;t escape?  Or have you escaped the abusive boss, only to find he is still trying to ruin your life by giving you bad references?</p>
<p>Here is the one and only way to force the boss to stop sticking their mean words into your hopes and plans to move on.  It&#8217;s simple, and I event give you a letter template to use.  Just watch the video (which gets right to the point).<iframe src="http://www.youtube.com/embed/zUFc3RncijY?rel=0" frameborder="0" width="560" height="345"></iframe></p>
<p>&nbsp;</p>
<p><em>If your story sounds at all similar, be sure to get my FREE &#8220;7-Secrets of Work Law&#8221; e-mail course. Learn how to fight back against a bully boss.</em><br />
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		<title>New Video: The One Real Key To Getting Unemployment Benefits</title>
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		<comments>http://www.undercoverlawyer.com/new-video-the-one-real-key-to-getting-unemployment-benefits/#comments</comments>
		<pubDate>Fri, 26 Aug 2011 03:56:56 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
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		<description><![CDATA[This video explains the one true key to making sure that you get unemployment benefits. If you applied for unemployment benefits and you were turned down, then this is the key concept that you must understand. It simply is not true that if you get fired you WILL get unemployment. Another myth is that if [...]<div class='yarpp-related-rss'>

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]]></description>
				<content:encoded><![CDATA[<p>This video explains the one true key to making sure that you get unemployment benefits.  If you applied for unemployment benefits and you were turned down, then this is the key concept that you must understand. </p>
<p>It simply is not true that if you get fired you WILL get unemployment.  Another myth is that if you resign you will not get unemployment.  Watch this video and find out how unemployment benefits decision are really made.</p>
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		<title>What is the Definition of a Hostile Work Environment? (PART 3 of 3)</title>
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		<pubDate>Thu, 25 Aug 2011 07:01:55 +0000</pubDate>
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		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=437</guid>
		<description><![CDATA[Lenora&#8217;s Journey Through a Hostile Workplace In two previous articles a 52 year old nurse named Lenora was harassed and abused by her new (younger) boss and former co-worker Michelle. Feeling distressed and sick, Lenora stayed home from work and called her brother in law, a corporate employment lawyer named Curt. Although he usually works [...]<div class='yarpp-related-rss'>

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]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/Confrontation.jpg"><img class="alignleft size-thumbnail wp-image-439" title="Confrontation" src="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/Confrontation-150x150.jpg" alt="Bully Boss Confronts Employee" width="150" height="150" /></a><strong>Lenora&#8217;s Journey Through a Hostile Workplace</strong></p>
<p>In two previous articles a 52 year old nurse named Lenora was harassed and abused by her new (younger) boss and former co-worker Michelle. Feeling distressed and sick, Lenora stayed home from work and called her brother in law, a corporate employment lawyer named Curt.</p>
<p>Although he usually works on the side of the employers, he wanted to help his family member. Talking on the phone and over lunch Curt explained the difference between legal and illegal hostile work environments, and explained why the concept of &#8220;employment at will&#8221; is so crucial to fighting back against a bullying boss.</p>
<p>Lenora wants to turn her boss Michelle into the hospital&#8217;s human resources department for &#8220;unfairly&#8221; attacking Lenora at work. Curt is trying to persuade Lenora to let go of the idea of &#8220;unfairness&#8221;, because U.S. employment law does not require supervisors to be fair.</p>
<p>It is shocking to Lenora that employment &#8220;at-will&#8221; actually allows employers to terminate workers at any time, for any reason or no reason (even a bad reason), just so long as it&#8217;s not an illegal reason. As we re-join their conversation, Curt is trying to explain to Lenora that the best way to fight back against a hostile work evnironment is to focus on the &#8220;illegal reasons&#8221; instead of focusing on &#8220;fairness&#8221;.<br />
Fight With Fairness, or With a Protected Class?<a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/Scales.jpg"><img class="alignright size-thumbnail wp-image-440" title="Scales" src="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/Scales-150x150.jpg" alt="" width="150" height="150" /></a></p>
<p><strong>Curt Urges Lenora to Forget &#8220;Fairness&#8221;</strong></p>
<p>&#8220;Thanks for returning my call, Curt; you&#8217;ve been very generous with your time,&#8221; said Lenora.</p>
<p>&#8220;Anything for family, Lenora. And besides, I don&#8217;t want you to go and screw yourself by thinking you can get what&#8217;s &#8216;fair&#8217;&#8221;, said Curt.</p>
<p>&#8220;Said like a true lawyer,&#8221; Lenora replied. &#8220;Right, I shouldn&#8217;t believe that fairness matters. Do people really pay you hundreds of dollars an hour to tell them stuff like this?&#8221;</p>
<p>&#8220;The pay me many hundreds per hour, because I know what works. It may not sound like what you want to hear, but it will get you where you want to go. Fighting back against an abusive boss is not path down a flowery trail marked &#8216;Fairness: this way&#8217;. It&#8217;s a tough journey that requires you to take up arms and fight.&#8221;</p>
<p>&#8220;Now you sound like a football coach.&#8221;</p>
<p>&#8220;Okay, I&#8217;m going to hang up the phone now&#8211;&#8221;</p>
<p>&#8220;No no no! Sorry. I&#8217;m just frustrated. Michelle can treat me like crap, and when I turn to attorney for help what&#8217;s the first thing out of his mouth? &#8216;It&#8217;s perfectly legal for you boss to treat you like crap.&#8217;&#8221;</p>
<p>&#8220;But there&#8217;s more to the rule!&#8221; said Curt. &#8220;There are exceptions to the rule that it&#8217;s legal for your boss to treat you like crap. That&#8217;s what I&#8217;m trying to tell you about: the exceptions.&#8221;<br />
<a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/arm_wrestling.jpg"><img class="aligncenter size-medium wp-image-442" title="arm_wrestling" src="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/arm_wrestling-300x197.jpg" alt="" width="300" height="197" /></a><strong>Your Protected Class is the Key</strong></p>
<p>&#8220;But you are also telling me that one of the exceptions is NOT fairness, right?&#8221; &#8220;Yes, right,&#8221; said Curt. &#8220;Well I still say that&#8217;s stupid, &#8221; said Lenora. &#8220;Supervisors should not be able to drive you out your job and some tiny little mistake while allowing other people to gossip their entire day away.&#8221;</p>
<p>&#8220;And what I&#8217;m trying to tell you is that the law doesn&#8217;t allow supervisors to do that if the people getting run out of their jobs are all older men, and the gossipers are all younger women. Or if it&#8217;s Asians getting run out of their job, while all the gossipers are Caucasian. Or pregnant women getting run out, or veterans or&#8230; well do you see what I mean?&#8221;</p>
<p>&#8220;I think so. Even though I&#8217;m upset Michelle is getting away with attacking me unfairly, I can&#8217;t say that.&#8221;</p>
<p>&#8220;Right,&#8221; said Curt. &#8220;You have to say, &#8216;Michelle is attacking me and singling me out because of my age. Because THAT is illegal. THAT will get H.R.&#8217;s attention. They don&#8217;t care about unfairness because no law prohibits unfairness. Saying all this crap Michelle is putting you through at work is happening because of your age is what will turn you from a whiner into a warrior.&#8221;</p>
<p>&#8220;Okay, I get it and I&#8217;ll do it. Even though I still think the law should be different. Don&#8217;t complaint about unfairness. Complain about mistreatment because of age.&#8221; Lenora smiled to herself. &#8220;I can&#8217;t wait to get back to work and do this.&#8221;<br />
Abused at Work?</p>
<blockquote><p><strong>Can You Identify With Lenora?</strong></p>
<p><em>If your story sounds at all like Lenora&#8217;s, be sure to get my FREE &#8220;7-Secrets of Work Law&#8221; e-mail course. Learn how to fight back against a bully boss.</em><br />
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<li><a href='http://www.undercoverlawyer.com/what-is-a-hostile-work-environment-part-1-of-3/' rel='bookmark' title='What Is the Definition of a Hostile Work Environment? (PART 1 of 3)'>What Is the Definition of a Hostile Work Environment? (PART 1 of 3)</a></li>
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		<title>What is the Definition of a Hostile Work Environment? (PART 2 of 3)</title>
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		<pubDate>Thu, 25 Aug 2011 06:53:46 +0000</pubDate>
		<dc:creator>UndercoverLawyer</dc:creator>
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		<guid isPermaLink="false">http://www.undercoverlawyer.com/?p=457</guid>
		<description><![CDATA[Step One to Fighting Back: Understand Employment At-Will In a previous post, a 52 year old nurse, Lenora, felt sick and distressed about the hostile work environment her new supervisor (and former co-worker) was subjecting Lenora to. The new supervisor and head nurse, Michelle, was acting like a tyrant, but only toward Lenora and not [...]<div class='yarpp-related-rss'>

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<li><a href='http://www.undercoverlawyer.com/what-is-a-hostile-work-environment-part-1-of-3/' rel='bookmark' title='What Is the Definition of a Hostile Work Environment? (PART 1 of 3)'>What Is the Definition of a Hostile Work Environment? (PART 1 of 3)</a></li>
<li><a href='http://www.undercoverlawyer.com/why-you-should-not-give-up-if-the-eeoc-turns-down-your-hostile-work-environment-claim/' rel='bookmark' title='Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim'>Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim</a></li>
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]]></description>
				<content:encoded><![CDATA[<div id="attachment_461" class="wp-caption alignright" style="width: 270px"><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/BullyingBoss.jpg"><img class="size-full wp-image-461" title="BullyingBoss" src="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/BullyingBoss.jpg" alt="" width="260" height="195" /></a><p class="wp-caption-text">A Bully Boss Can Turn What Was Once a Great Work Place into a Hostile Work Place</p></div>
<p><strong>Step One to Fighting Back: Understand Employment At-Will</strong></p>
<p>In a previous post, a 52 year old nurse, Lenora, felt sick and distressed about the hostile work environment her new supervisor (and former co-worker) was subjecting Lenora to. The new supervisor and head nurse, Michelle, was acting like a tyrant, but only toward Lenora and not the other nurses. Feeling alone and dreading going into work, Lenora stayed home and called her brother-in-law, a corporate employment lawyer named Curt.</p>
<p>Curt explained that an illegal hostile work environment has to be based on a protected class like race, religion, national origin, gender, disability or age.</p>
<p>Lenora was even more despondent, because she and Michelle were both women, so Lenora doubted the law would protect her. In Lenora&#8217;s mind, Michelle was simply &#8220;out to get me.&#8221;</p>
<p><strong>Don&#8217;t Quit Your Job Before You Learn the Exceptions to Employment At-Will</strong><br />
Curt met Lenora for lunch near his downtown office. &#8220;So you don&#8217;t I should just quit before she fires me?&#8221; Lenora said to Curt as she pulled a chair up to their table.</p>
<p>&#8220;Not at all,&#8221; said Curt. &#8220;I&#8217;ve been thinking about your situation, and I think you just may be in a protected class. Now you are both women, and nursing is still a predominately female profession, so your gender won&#8217;t work. I know you&#8217;re 52. How old is this awful person Michelle?&#8221;</p>
<p>&#8220;She&#8217;s in her mid 30&#8242;s I&#8217;d say. I think she&#8217;s 34. This whole Head Nurse title has really gone to her head.&#8221;</p>
<p>&#8220;Well, how many other nurses are there over 40 years old that Michelle supervises?&#8221; said Curt.</p>
<p>&#8220;Just me and Clara. Clara&#8217;s about to quit though,&#8221; said Lenora.</p>
<p>&#8220;Why is she about to quit?&#8221;</p>
<p>&#8220;Because Michelle cut her hours back and gave Clara all nights on every schedule since becoming Head Nurse. Clara needs to be working days so she can watch her grandson at night.&#8221;</p>
<p>&#8220;Lenora,&#8221; said Curt, &#8220;has it occured to you that this 30-something boss of yours has a big problem with employees who are older than she is, and that&#8217;s why she&#8217;s out to get you and Clara?&#8221;</p>
<p>&#8220;I hadn&#8217;t. I just thought she had it in for me. But you&#8217;re right. It could be age. But why do we have to diddle around with this protected class business? So what if it&#8217;s not illegal, what she is doing is wrong. I&#8217;m going to turn her in to human resources.&#8221; Lenora smiled to herself at the thought of Michelle getting called into H.R. to explain the reason for her unfair attacks.</p>
<p>&#8220;Lenora,&#8221; Curt said, &#8220;Human Resources will side with Michelle. They will tell you nothing is wrong. They will spin the whole situation around make it about your job performance.&#8221;</p>
<p>&#8220;That&#8217;s impossible,&#8221; said Lenora, &#8220;what that bitch is doing is so obviously unfair. She&#8217;s going to ruin the whole place for everyone. How could they try to make it about me? I do a good job. I always have.&#8221;</p>
<p>&#8220;It&#8217;s good that you&#8217;ve always done well there. That will help,&#8221; said Curt. &#8220;But you have to understand that H.R. is not concerned about making sure that Michelle treats you &#8216;fair&#8217;. The law doesn&#8217;t require &#8216;fair&#8217; and they know that. It may sound strange, but the law doesn&#8217;t guarantee that your boss treats you nice, or fair, or even respectful. Michelle can terminate you right now, for any reason she wants, or for no reason at all.&#8221;<br />
Learn to Look for Exceptions to Employment At-Will That Can Apply to You</p>
<div id="attachment_462" class="wp-caption aligncenter" style="width: 310px"><a href="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/ladder_binoculars.jpg"><img class="size-medium wp-image-462" title="ladder_binoculars" src="http://www.undercoverlawyer.com/wp-content/uploads/2011/05/ladder_binoculars-300x219.jpg" alt="" width="300" height="219" /></a><p class="wp-caption-text">Learn to Look for Exceptions to Employment At-Will That Can Apply to You</p></div>
<p><strong>Employment &#8220;At Will&#8221; Means Employment &#8220;At Whim&#8221;</strong></p>
<p>&#8220;I hate lawyers&#8221; said Lenora. &#8220;Where do you get this crap?&#8221;</p>
<p>&#8220;Listen&#8221; said Curt, &#8220;I know it sounds harsh, but employment at-will is the starting place for all employment law in the United States. It means that an employer can terminate any employee at any time for any reason, even a bad reason or no reason, just so long as it&#8217;s not an illegal reason. In other words Michelle could let you go on a whim, and there&#8217;s nothing illegal about it. She could let you go for a ridiculous reason like you were one minute on a day there was a major traffic accident right in front of you on the way to work. Or she could fire you because you use the word &#8216;fabulous&#8217; too much.&#8221;</p>
<p>&#8220;I hate that word,&#8221; said Lenora. &#8220;Michelle says it a lot.&#8221;</p>
<p>&#8220;Yes, well the point is that she could terminate you for any conceivable idiotic reason, or she could just walk up to you and say &#8216;your fired&#8217; for absolutely no reason at all. And it would be perfectly legal.</p>
<p>&#8220;Well that sucks&#8221; said Lenora. &#8220;And that&#8217;s stupid. No one gets fired for no reason at all. There&#8217;s always a reason. And it&#8217;s usually because the person screwed up or is lazy.&#8221;</p>
<p>&#8220;Well I agree with you,&#8221; said Curt. &#8220;But there is an exception to employment at will that makes a bit of sense. And that is, Michelle can&#8217;t fire you for an illegal reason. That&#8217;s why I brought up age discrimination. Firing someone because of their age is illegal. Age is a protected class that you might be able to use here to protect yourself.&#8221;</p>
<p>&#8220;So Curt, you are telling me that little bitch Michelle could fire me on a whim, for no reason what so ever, and the law says she is in the right. But if she fires me because I&#8217;m older than her, the law says I&#8217;m in the right?&#8221;</p>
<p>&#8220;Right. But listen, I can tell you how to use age to protect yourself. You can fight back against Michelle. You just have to drop the notion that you are going to get her in trouble for being &#8220;unfair&#8221; and accept that you have to get her in trouble for doing something that looks to outsiders like age discrimination. I have to get back to the office, but we can talk on the phone later if you want. I&#8217;ll tell you more about protected classes, the &#8216;illegal reasons&#8217; for terminating an employee.&#8221;</p>
<p>&#8220;Okay Curt, let&#8217;s talk later. But I still don&#8217;t like this. I want to take Michelle on, head on, and get her in trouble for how she&#8217;s ruining my career that I&#8217;ve worked so hard for.&#8221;</p>
<p>&#8220;Don&#8217;t do it,&#8221; said Curt. &#8220;Just trust me. You don&#8217;t want to take this to H.R. yet. Let me explain protected classes first and then you can really fight back, with the law on YOUR side.</p>
<p>Find Out What Happens Next with Lenora in the third and final part of her story, <a title="What is the Definition of a Hostile Work Environment? (PART 3 of 3)" href="http://www.undercoverlawyer.com/what-is-the-definition-of-a-hostile-work-environment-part-3-of-3/">HERE</a>.</p>
<blockquote><p><strong>Can You Identify With Lenora?</strong><br />
<br /><em>If your story sounds at all like Lenora&#8217;s, be sure to get my FREE &#8220;7-Secrets of Work Law&#8221; e-mail course. Learn how to fight back against a bully boss.</em><br /><!-- AWeber Web Form Generator 3.0 --><center></p>
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