Lawsuit Waiting to Happen

franfields

Has anyone had any experience with claims of "hostile work environment" or "intentional infliction of emotional distress"?

I am afraid we could face this because of a senior manager's behavior (cursing, emotional outbursts, berating, circumventing subordinates) but I need data or examples to convince top management that this type of situation is serious and needs to be addressed. :-S

Gillian

In order for what you describe to be a hostile working environment from a lawsuit perspective it would have to be based on sexual harassment, racial harassment or some other area where there are regulations. There is no law protecting employees from bad management, unless it can be tied into something illegal. I have seen a few infliction of emotional stress charges as part of a claim of sexual harassment etc., but never on a stand alone basis.

franfields

It was our lawyer who brought up the hostile work environment and
infliction of emotional distress terms. He said a case could be thin but still costly and you never know what can happen if it goes before a jury.

Gillian

Maybe it's the attorney's job to tell the CEO that while the case may be thin now, if the conduct doesn't stop the case may be thicker later. This does happen, because the individual is just digging a deeper hole as time goes by and the risk does become greater. If the cursing and berating use certain words the situation could easily slide into the sexual harassment arena and be used against the manager, and the company.

Theresa Gegen TX

There was a BIG case in Texas a few years ago -- GTE v. Bruce, where a company got hit for a large verdict for intentional infliction of emotional distress because the top dog at the facility was constantly berrating employees (both male and female). They did not hang their claim on sexual harassment, but still got lots of money!!!

The Texas Supreme Court (probably one of the most conservative in the country) upheld the verdict!!

So there is a big risk. Also, even though this guy thinks he is an equal opportunity offender, an employee still may be able to assert a claim of discrimination. I know there are cases that say that if everyone is treated badly, then its not discrimination, BUT that is an argument you don't want to make in front of a jury.

Another risk is that your best employees will go elseware. In this bad economy, it may be difficult for average or marginal employees to find other jobs -- but the cream of the crop can always find a new employer who is willing to treat them better.

Employees who are there can become less productive -- with the attitude that this company doesn't care about me, so why should I care about it.

Finally, there is a risk that someone will try to get even with this guy and do a little corporate sabotage. People are not going to be loyal to him. There are many passive/aggressive people out there. Rather than speak up or even take a direct action, they just might let some things fall through the cracks to get back at him.

I suggest that the company hire a corporate coach for this guy to help him develop better interpersonal skills. While he may feel that his behavior doesn't matter, or he may even see some short term gains from his behavior, in the long run, the company WILL have to pay for it.

Good Luck!!