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Relevant to Workplace Bullying...
As submitted to 9 to5 National Association of Working Women October Newsletter
WORKPLACE BULLYING In a
Toxic Work Environment, It Won’t Hurt to Look at Your Options I am a California Healthy Workplace Advocate
and affiliated with the Workplace Bullying Institute’s legislative campaign for a Healthy Workplace bill (http://www.workplacebullyinglaw.org). Currently, there are no laws that protect employees against workplace bullying. The
legislative campaign for a Healthy Workplace bill is growing and gaining momentum in several states and in two Canadian provinces.
There are laws to protect employees against sexual harassment, but not against workplace bullying which is just as
pervasive in the workplace, and likely more damaging to the target. It is instinctual to want to report workplace bullying.
However, in most cases, Human Resources (HR) is not your friend. HR represents management.
When you report what has happened to you, you will likely be perceived as the problem and may then endure retaliation.
HR will contact your supervisor to say that you reported a problem. If you are reporting a supervisor
or a manager, management will likely protect that individual and not you. Also, be careful of who you confide
in. Managers are friendly with other managers—they are expected to be in a club of their own.
Going up the ladder to complain may not garner you the results you had hoped for. You will be labeled
a troublemaker. It may be difficult for you to find allies who will be sympathetic to your situation because
co-workers are usually afraid to get involved or to speak up. If you are being bullied, start looking at your options
and ask yourself, “Do I really want to work in this job?” “Is my health and sanity worth
it?” You may want to seek an immediate transfer if you work in a large organization.
If you work for a small company, you may have no choice but to look for another job. If you cannot
find a transfer to another department due to blacklisting, you may have to look for another job or suffer in silence.
I
know several workers who transferred out to lower paying positions rather than to continue working in a toxic work environment.
These workers realized that nothing happened to the bully even though there were numerous complaints. According
to a Zogby International poll conducted for the Workplace Bullying Institute, only 23% of bullies are ever punished for their
abusive behaviors in the workplace. In what is now being called “The Great Recession,” it is a difficult choice to make
whether to stay on the job and suffer in silence or to seek another job. California unemployment statistics for August 2009 showed 12.2% of workers
were unemployed. It is important to note that government agencies do not track those workers who drop off
the unemployment benefits list, yet who may not have found a job. Career experts suggest that workers should
not quit a job before lining up another job or have a plan. With fewer jobs and many more job applicants,
it isn’t easy to find a job these days. Thus, it is important to have a plan and savings to tide
you over until another job can be found. Some workers are going back to school to learn new job skills.
Take the time and look at your options. If your supervisor is a bully and you have been written up numerous times, chances are a paper
trail is being created and that is a sure sign that your days may be numbered. It won’t hurt to update
your résumé, obtain job letters of recommendations, and check out your local newspaper’s on-line “Career
Builder” for jobs. No one need know that you are looking for another job other than those that you
have asked to write a letter of recommendation. If you are experiencing anxiety and depression, please seek help immediately by seeing a doctor
and asking for a referral to a licensed psychologist or psychiatrist. It is important to take care of yourself.
Do this while you still have health insurance coverage. If you don’t have health insurance,
seek out a local community mental health organization. It is important to have medical records that document
the stress and anxiety you will likely be experiencing. The stress you are feel may manifest itself in
other ways including high blood pressure, weight gain/loss, lack of sleep, gastrointestinal problems, etc. In this difficult
economy, it isn’t easy to quit a job; but one must ask, “Is it worth it?” Only the individual
that is bullied can answer this question. In time, the toxic work environment will affect your health,
your relationships, and your career. It may be time to start a new job search because “work shouldn’t
hurt.”
UPDATES:
5/4/2009 Illinois Healthy Workplace Advocates - IllinoisHWA are proud to announce that HJR 40, the study bill for the Abusive Work Environments Act,
has passed with a unanimous floor vote of the Illinois House of Representatives. The bill's sponsor, Representative
Art Turner, has told us he fully expects this bill to pass easily through the Illinois Senate. We have Senator William
Delgado's support for this effort. To read about House Joint Resolution
40, visit: http://ilga.gov/legislation/BillStatus.asp?DocNum=40&GAID=10&DocTypeID=HJR&LegId=47520&SessionID=76&GA=96 Our goal is to include both public and private sector employees in the "Abusive Workplace Environments
Act." The bill that was sent to the Rules Committee (HB 374) only applied to public employees. In the short
run, this seems like a setback. In the long run, we may do better as a State to include all workers because "work
shouldn't hurt!" The text HJR 40 is linked to the above site and uses the
language "workplace bullying." We are happy with this progress and will keep you well informed as time passes.
It would be a valued gesture now to thank House Majority leader Art Turner for the valued work he has done for this very important
legislation. E-mail: turneral@ilga.gov or (217) 782-8116. While
you are at it, wish him well in his bid for Lt. Governor in 2010. illinoishwa.org Illinois Healthy Workplace Advocates * 3/23/2009
In Massachusetts,
the full version of the Healthy Workplace Bill has been filed by State Senator and Assistant Majority Leader Joan Menard, Senate No. 699, making it the 11th
state this year to introduce the HWB into active legislation. Congratulations, the race is on! *
3/12/09 Secretary of State, Hillary Clinton, reponds
to a question about workplace bullying. See the question and answer at "...my name is Shirley Miles and I work at the overseas building operation. My question is what
would be your plans for addressing workplace bullying of women, an issue that I know you would
have zero tolerance for?" "SECRETARY CLINTON: I do have zero tolerance for it.
(Applause.) You know, I have zero tolerance for any kind of bullying. I find it intolerable." * * As of March,
2009, our grassroots movement has 26 States with citizen lobbyist coordinators
promoting the Healthy Workplace Bill to their state legislators! 11 States have active legislation this
year. Which state will lead the way in advancing human rights for all of us by correcting and preventing
workplace bullying?
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http://www.latimes.com/news/local/politics/cal/la-me-whistleblower27-2009feb27,0,1906475.story?track=rss Whistle-blowers get protection from California Supreme CourtState workers who suffer retaliation gain the right to sue for damages even if their cases lose before a civil
service board. By Maura Dolan February 27, 2009 Whistle-blowers in state government received protection Thursday
from the California Supreme Court in a case in which a low-level employee reported that her superior had violated a
regulation she was supposed to enforce.
The state high court gave whistle-blowers who suffer retaliation the right
to sue for hefty damages in court even if they lose their case before a civil service board.
"The
Legislature enacted the California Whistleblower Protection Act to protect the right of state
employees 'to report waste, fraud, abuse of authority, violation of law or threat to public health without fear of retribution,'
" Justice Joyce L. Kennard wrote for a unanimous court.
"In adopting the act, the Legislature expressly
found 'that public servants best serve the citizenry when they can be candid and honest without reservation in conducting
the people's business.' "
The decision was a victory for Carole M. Arbuckle, who worked for the state
Board of Chiropractic Examiners, which regulates chiropractors.
Arbuckle
received a telephone inquiry in 2001 about the license of Dr. Sharon Ufberg, who was then chairwoman of the state board. Arbuckle
discovered that Ufberg's license, required for board members, had lapsed several months earlier. Within 15 minutes
of getting the report, Arbuckle said, Ufberg called her and explained that she had forgotten to pay her license renewal. Ufberg paid it later that day. But Arbuckle noted on an
"information line" in the computer database that Ufberg's license had been invalid from January until May 11, 2001. During the next several months, Arbuckle issued citations to other chiropractors who had practiced without a license.
Fines ranged from $100 to $5,000. Arbuckle said she asked the board's then-executive director several times whether she should
cite Ufberg. She was told to take no action, she said. "In the wake of these events, Arbuckle confronted a
stressful work environment, including numerous indignities, disputes and acts of favoritism," the court said, reporting
her allegations. Arbuckle eventually was transferred to a different unit. Arbuckle filed a retaliation complaint
in 2002 with the State Personnel Board, which oversees the state civil service workforce.
An investigator recommended dismissing her complaint, saying she had not proved the job actions were a result of whistle-blowing.
Arbuckle then sued in Sacramento County Superior
Court. An appeals court in Sacramento dismissed her suit, ruling that she had not pursued all administrative appeals.
The appeals decision also said state employees could pursue a lawsuit only if the state personnel board agreed with their
claims. Arbuckle and her then-superiors no longer work for the licensing board. Brian Stiger, executive
officer of the board, said the governor appoints its members, who receive $100 for each meeting attended and travel expenses.
Being on the board carries "a lot of prestige," he said. Bruce Monfross, acting chief counsel of the
State Personnel Board, said it handles about 55 whistle-blower cases a year out of a total caseload of 5,000. Most
whistle-blower claims fail, he said. "Retaliation claims aren't the easiest cases in the world to prove,"
Monfross said. Ufberg, who is on sabbatical from a medical office in New York, could not be reached for comment. maura.dolan@latimes.com
Bullying makes joke of our legal system – Bullybusters have long acknowledged
that serious, severe bullying can take place in a jury room where all deliberations occur behind closed doors. Check
out this story from Santa Ana, California. An Orange County sheriff’s corruption trial evolved into one juror’s complaint to the
judge and later to press that a fellow-juror was bullying his peers. The corrupt sheriff was acquitted last week of
conspiracy and four other counts and convicted only of witness tampering. According to the complaint, the bullying juror
slept through much of the trial. If a juror wants a quick end to his assignment, bullying can be very effective. If
a defendant wants an acquittal, jury tampering can
be very effective, as bullies can be bought. If a juror is willing and able to bully the other eleven jurors, our
judicial system is a joke. http://www.sfgate.info/cgi-bin/article.cgi?f=/n/a/2009/01/21/state/n155429S02.DTL Judge reveals juror notes in ex-OC sheriff's trial
Wednesday, January 21, 2009 (01-21) 17:22 PST Santa Ana, CA (AP) --
A juror who served in the
corruption trial of former Orange County Sheriff Michael Carona said he felt he might be threatened and that another panelist
wanted to acquit in order to "party" with the defendant, according to a note unsealed by the judge on Wednesday.
Carona, 53, was acquitted last week of conspiracy and four other counts and convicted
only of witness tampering.
"There are certain persons who slept all through the presentations,
who have not written down a single word in their trial notes, but have suddenly 'come alive' and just want to acquit,"
juror No. 3 said in a Jan. 14 note. "Further on, there is a juror who wishes to acquit who, I believe, wants to party
with Carona and his women." "I think I may be threatened," the
note continued. "There are other jurors who feel the way I do."
U.S. District Court Judge
Andrew Guilford talked to the juror and ordered him to return to deliberations after the man said he did not really feel threatened,
defense attorney Brian Sun said. Another juror, Marcia Deatherage, told the Los Angeles
Times that she also felt intimidated and that most of the pressure came from a single juror.
"This guy very candidly stood up and said, 'I don't even know why the government even brought
the case,'" Deatherage said. "He felt Carona was not guilty of anything. It kind of set a tone for an upset in the
jury room. He was kind of a bully. ... Without him as a juror, I think we would have had more counts we would have found (Carona)
guilty on."
Much of the trial focused on allegations Carona took bribes from
a millionaire who was made an assistant sheriff. Carona's wife and a former mistress are awaiting trial on related charges.
Some jurors told reporters after the trial that they believed Carona was guilty but
the statute of limitations had expired on most of the crimes.
Juror No. 3's allegations
were "absolute nonsense," the jury foreman told the Orange County Register. "I
never heard of anyone wanting to party with Carona. No one wants to see Carona. He did a lot of bad things," said the
foreman, who identified himself only by his first name of Surj. Some panelists "nodded
off" during proceedings but they were careful during deliberations, he said. No. 3 leaned toward convictions
and was upset because others seemed to be favoring acquittal on most counts, Surj said. The judge also unsealed a note in which juror No. 9 asked to see him on an unspecified matter "about your jury,
which I feel should be brought to your attention." Carona will be sentenced in April. The witness tampering conviction
is punishable by up to 20 years in prison but prosecutors say he probably will get only two or three years.
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