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Www.duanemorris.com ©2013 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and.

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Presentation on theme: "Www.duanemorris.com ©2013 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and."— Presentation transcript:

1 ©2013 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and Affiliate Offices | New York | London | Singapore | Los Angeles | Chicago | Houston | Hanoi | Philadelphia | San Diego | San Francisco | Palo Alto | Baltimore | Boston | Washington, D.C. Las Vegas | Atlanta | Miami | Pittsburgh | Newark | Boca Raton | Wilmington | Cherry Hill | Lake Tahoe | Ho Chi Minh City | Duane Morris LLP – A Delaware limited liability partnership “I Know It When I See It” Isn’t Good Enough: Developing Effective Workplace Policies and Procedures for Bullying Prevention Presented by: Natalie F. Hrubos, Esquire DM2/

2 WHAT POLICIES AND PROCEDURES?

3 Start by doing 3 things… 1.Documenting and communicating expectations 2.Letting employees know when not meeting expectations 3.Letting employees know when meeting expectations 3

4 What Is Bullying? 4

5 Healthy Workplace Campaign Definition Workplace Bullying is repeated, health-harming mistreatment of one or more persons by one or more perpetrators that takes one or more forms: 1.Verbal abuse. 2.Conduct which is threatening, humiliating or intimidating. 3.Work interference, sabotage. which prevents work from getting done. 4.Exploitation of a known psychological or physical vulnerability. 5

6 Verbal Abuse – Examples 1.Using or encouraging use of put-downs, insults, belittling comments, and name-calling in reference to a co-worker (e.g., saying “you’re not too quick, are you?” when a co-worker makes a mistake or laughing about such an exchange). 2. Inappropriately complaining about a co-worker’s incompetence (e.g., while doing your work, saying “do I have to do everything myself?” because you believe a co-worker should have done something, but didn’t). 6

7 Verbal Abuse – Retail Industry Examples 1.Aggressively or unprofessionally questioning a co-worker about a sale (i.e., about whether a customer asked for you before making a purchase). 2.Aggressively or unprofessionally accusing a co- worker of wrongdoing (i.e., when you believe a co-worker incorrectly processed a customer’s return of merchandise). 7

8 Be Positive! 1.Prefatory material 2.List of acceptable behaviors, communications, etc. 3.Industry-specific etiquette guidelines (e.g., sales etiquette guidelines) 8

9 So What’s An Employer To Do? 9

10 Taking Disciplinary Action – Potential Steps 1.Oral Warning(s) or Documented Conversation(s) 2.First Written Warning 3.Final Written Warning 4.Termination 10

11 Taking Disciplinary Action – Key Considerations 1.Whether the recipient or any witness actually considered the behavior to constitute mistreatment (subjective). 2.Whether a reasonable person in the position of the recipient or any witness would have considered the behavior to constitute mistreatment (objective). 3.Actual or potential negative or health-harming effect on the recipient or any witness. 11

12 Taking Disciplinary Action – Key Considerations 4.Offender’s intent or state of mind (i.e., level of maliciousness). 5.Offender’s prior performance and disciplinary history. 6.Record of other complaints made against offender about possible bullying behavior. 7.Employer’s legitimate business interests in preventing work stoppage and interference. 12

13 ©2012 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and Affiliate Offices | New York | London | Singapore | Los Angeles | Chicago | Houston | Hanoi | Philadelphia | San Diego | San Francisco | Baltimore | Boston | Washington, D.C. Las Vegas | Atlanta | Miami | Pittsburgh | Newark | Boca Raton | Wilmington | Cherry Hill | Lake Tahoe | Ho Chi Minh City | Duane Morris LLP – A Delaware limited liability partnership Thank you!


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