Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
As a franchise owner, imagine that 37% of your employees had a serious problem that reduced their productivity and led to absenteeism and high turnover. What if it cost you $83,000 each time this problem occurred? Now, imagine that by preventing this problem, you would see a 57% higher total return, 19% higher market premium and a turnover reduction of 20%. Isn't this a problem you'd like to address?
That problem is workplace bullying. Far from being a “soft” concept that franchise workplaces may tolerate, it is a pervasive and costly concern that is largely preventable. Workplace bullying can be defined as a repeated behavior that has a negative intent and negative effect on one or more targets in a work environment, where there is an imbalance of power between the bully and the target(s).
Recognizing Bullies
To understand the forms that bullying can take, it is helpful to look at how the target can be affected both professionally and personally.
On a professional level, a bully may create impossible deadlines, set the target up to fail, withhold pertinent information, ignore contributions made by the target, assign menial tasks and less desirable schedules, remove responsibilities, micromanage the target, subject them to unfair discipline or competency procedures, fail to acknowledge good work and highlight mistakes, take credit for work and ideas of the target, embarrass or humiliate the target publicly, tamper with their work-product and even damage or destroy property.
Given that we spend most of our waking hours at work, the social aspect of our work environment is critical and can make or break our job satisfaction and performance. On a personal level, a bully may use inappropriate jokes, teasing, sarcasm, labeling, insults, and rumors and also physically or socially isolate the target(s). This is an area where it can be easier for the bully to enlist the subversive assistance of bystanders ' for example, by making it clear that the target should not be invited out after work with the rest of the group.
These behaviors are found to occur along a continuum of increasing severity and decreasing frequency as follows: Inappropriateness > Incivility > Disrespect > Mild Bullying > Moderate to Severe Bullying > Battery > Homicide.
The Prevalence of Workplace Bullying
According to the Workplace Bullying Institue (WBI) ' Zogby International U.S. Workplace Bullying Survey (2007) ' the largest scientific study of bullying ever conducted in the United States up to that time ' an estimated 54 million Americans report being bullied at work. This is equivalent to nearly the entire population of the states of Washington, Oregon, California, Nevada, Arizona, and Utah. As significant as that sounds, 40% of employees who are bullied never even tell their employers, for a variety of reasons.
All too often, workplace bullying is tolerated by the target, the management and by other colleagues, who become “bystanders.” The target may not report the bullying because of any or all of the following:
In turn, “bystanders” are the largest group of people connected to the bullying, and they often have the most power to change the situation. But bystanders may not intervene for many of the same reasons that the target of bullying does nothing to remedy the situation. In addition, bystanders may fear that if they get involved, they will be perceived as taking sides. By getting involved, they may also risk becoming the next target of the bully, on whose “good side” they probably have an interest in staying. Thus, bystanders are prone to follow a “see no evil, hear no evil” practice, turning a blind eye and deaf ear to the situation because it's just so much easier not to get involved.
Who are the Bullies And the Targets?
The Zogby study found that most bullies are bosses (72%). Sixty percent of bullies are men. Victims of bullying are most often women, however (57%).
The Zogby study also found that bullying is four times more prevalent than illegal forms of harassment (such as harassment based on race or religious affiliation), yet there are few anti-bullying laws. Most cases involving bullying that progress to a lawsuit level are prosecuted under laws prohibiting sexual harassment and the Americans with Disabilities Act (ADA).
Fortunately for employers, only 3% of bullied people file lawsuits, (WBI, Key Findings, para, 2), yet, when they do, it becomes quite costly. The Orlando Business Journal cited an estimated cost of $180M in lost time and productivity to American businesses each year. The Workplace Bullying Institute estimates that between turnover and lost productivity, a bully could cost a Fortune 500 company an astounding $24,000,000; add another $1.4 million for litigation and settlement costs.
At least 45% of targets report suffering from stress-related health problems, such as debilitating anxiety, panic attacks, clinical depression, and even post-traumatic stress. This anxiety often manifests itself as physical ailments including digestive problems, ulcers, headaches, sleeplessness, high blood pressure, etc., which results in decreased productivity, increased absenteeism and increased medical costs.
What Can an Employer Do?
Workplace bullying needs to be addressed in terms of both prevention and support for the target, the bully and the bystanders. There are several possible steps to reaching this goal.
1. Put in place hiring practices that screen for prior bullying behavior. Be sure to ask detailed questions of applicants in terms of how they have addressed conflicts and differing personalities in prior employment situations. Thoroughly check references by asking them to describe how the candidate handled interpersonal and work conflicts. Short work histories with frequently changing jobs or positions are often a red flag that the individual has difficulty getting along with others.
2. Make sure policies and procedures are in place to protect employees. As a franchise owner, you may have corporate guidelines to follow. But forward-thinking business owners can go even further, enhancing existing policies by creating “best practices.” In so doing, these employers can become a model for others in their business. Anti-bullying policies should:
3. Ensure that targets and bystanders feel safe in reporting suspected bullying situations. Take all reports seriously and handle them in a consistent manner. When a potential situation is reported, the supervisor should speak with both the suspected bully and the target ' separately, privately and confidentially. Many managers and employers often unknowingly make the situation worse by confronting both parties together or otherwise allowing the bully to become aware of the person who reported the situation. This method of handling things allows for retaliation.
4. Make reporting procedures a part of the training program. In order for employees to properly utilize anti-bullying procedures, they must continually be made aware of them and even practice using them. When a new policy is created, all employees, managers and, where possible, even vendors and other externals, need to be trained in what the procedures are as well as how and when to use them. Actual role-plays, where employees practice handling real situations, can help them feel comfortable and confident. Training should be on-going, and reinforced at least annually. In addition, the explanation of these policies should also be part of a new employee's orientation.
5. Evaluate the effectiveness of the procedures and make them “living documents” that grow with your company. Pre- and post- policy surveys can be helpful in determining the success of your program.
Conclusion
Bullying exists largely because of power dynamics, combined with lack of understanding of colleagues' differences. If resources are spent to foster relationships, then bullying will no longer be at home in the workplace, leading the way to greater employee job satisfaction. This may eliminate, or at least diminish, potential financial losses due to decreased productivity and/or civil claims; in turn, company profits just might soar.
As a franchise owner, imagine that 37% of your employees had a serious problem that reduced their productivity and led to absenteeism and high turnover. What if it cost you $83,000 each time this problem occurred? Now, imagine that by preventing this problem, you would see a 57% higher total return, 19% higher market premium and a turnover reduction of 20%. Isn't this a problem you'd like to address?
That problem is workplace bullying. Far from being a “soft” concept that franchise workplaces may tolerate, it is a pervasive and costly concern that is largely preventable. Workplace bullying can be defined as a repeated behavior that has a negative intent and negative effect on one or more targets in a work environment, where there is an imbalance of power between the bully and the target(s).
Recognizing Bullies
To understand the forms that bullying can take, it is helpful to look at how the target can be affected both professionally and personally.
On a professional level, a bully may create impossible deadlines, set the target up to fail, withhold pertinent information, ignore contributions made by the target, assign menial tasks and less desirable schedules, remove responsibilities, micromanage the target, subject them to unfair discipline or competency procedures, fail to acknowledge good work and highlight mistakes, take credit for work and ideas of the target, embarrass or humiliate the target publicly, tamper with their work-product and even damage or destroy property.
Given that we spend most of our waking hours at work, the social aspect of our work environment is critical and can make or break our job satisfaction and performance. On a personal level, a bully may use inappropriate jokes, teasing, sarcasm, labeling, insults, and rumors and also physically or socially isolate the target(s). This is an area where it can be easier for the bully to enlist the subversive assistance of bystanders ' for example, by making it clear that the target should not be invited out after work with the rest of the group.
These behaviors are found to occur along a continuum of increasing severity and decreasing frequency as follows: Inappropriateness > Incivility > Disrespect > Mild Bullying > Moderate to Severe Bullying > Battery > Homicide.
The Prevalence of Workplace Bullying
According to the Workplace Bullying Institue (WBI) ' Zogby International U.S. Workplace Bullying Survey (2007) ' the largest scientific study of bullying ever conducted in the United States up to that time ' an estimated 54 million Americans report being bullied at work. This is equivalent to nearly the entire population of the states of Washington, Oregon, California, Nevada, Arizona, and Utah. As significant as that sounds, 40% of employees who are bullied never even tell their employers, for a variety of reasons.
All too often, workplace bullying is tolerated by the target, the management and by other colleagues, who become “bystanders.” The target may not report the bullying because of any or all of the following:
In turn, “bystanders” are the largest group of people connected to the bullying, and they often have the most power to change the situation. But bystanders may not intervene for many of the same reasons that the target of bullying does nothing to remedy the situation. In addition, bystanders may fear that if they get involved, they will be perceived as taking sides. By getting involved, they may also risk becoming the next target of the bully, on whose “good side” they probably have an interest in staying. Thus, bystanders are prone to follow a “see no evil, hear no evil” practice, turning a blind eye and deaf ear to the situation because it's just so much easier not to get involved.
Who are the Bullies And the Targets?
The Zogby study found that most bullies are bosses (72%). Sixty percent of bullies are men. Victims of bullying are most often women, however (57%).
The Zogby study also found that bullying is four times more prevalent than illegal forms of harassment (such as harassment based on race or religious affiliation), yet there are few anti-bullying laws. Most cases involving bullying that progress to a lawsuit level are prosecuted under laws prohibiting sexual harassment and the Americans with Disabilities Act (ADA).
Fortunately for employers, only 3% of bullied people file lawsuits, (WBI, Key Findings, para, 2), yet, when they do, it becomes quite costly. The Orlando Business Journal cited an estimated cost of $180M in lost time and productivity to American businesses each year. The Workplace Bullying Institute estimates that between turnover and lost productivity, a bully could cost a Fortune 500 company an astounding $24,000,000; add another $1.4 million for litigation and settlement costs.
At least 45% of targets report suffering from stress-related health problems, such as debilitating anxiety, panic attacks, clinical depression, and even post-traumatic stress. This anxiety often manifests itself as physical ailments including digestive problems, ulcers, headaches, sleeplessness, high blood pressure, etc., which results in decreased productivity, increased absenteeism and increased medical costs.
What Can an Employer Do?
Workplace bullying needs to be addressed in terms of both prevention and support for the target, the bully and the bystanders. There are several possible steps to reaching this goal.
1. Put in place hiring practices that screen for prior bullying behavior. Be sure to ask detailed questions of applicants in terms of how they have addressed conflicts and differing personalities in prior employment situations. Thoroughly check references by asking them to describe how the candidate handled interpersonal and work conflicts. Short work histories with frequently changing jobs or positions are often a red flag that the individual has difficulty getting along with others.
2. Make sure policies and procedures are in place to protect employees. As a franchise owner, you may have corporate guidelines to follow. But forward-thinking business owners can go even further, enhancing existing policies by creating “best practices.” In so doing, these employers can become a model for others in their business. Anti-bullying policies should:
3. Ensure that targets and bystanders feel safe in reporting suspected bullying situations. Take all reports seriously and handle them in a consistent manner. When a potential situation is reported, the supervisor should speak with both the suspected bully and the target ' separately, privately and confidentially. Many managers and employers often unknowingly make the situation worse by confronting both parties together or otherwise allowing the bully to become aware of the person who reported the situation. This method of handling things allows for retaliation.
4. Make reporting procedures a part of the training program. In order for employees to properly utilize anti-bullying procedures, they must continually be made aware of them and even practice using them. When a new policy is created, all employees, managers and, where possible, even vendors and other externals, need to be trained in what the procedures are as well as how and when to use them. Actual role-plays, where employees practice handling real situations, can help them feel comfortable and confident. Training should be on-going, and reinforced at least annually. In addition, the explanation of these policies should also be part of a new employee's orientation.
5. Evaluate the effectiveness of the procedures and make them “living documents” that grow with your company. Pre- and post- policy surveys can be helpful in determining the success of your program.
Conclusion
Bullying exists largely because of power dynamics, combined with lack of understanding of colleagues' differences. If resources are spent to foster relationships, then bullying will no longer be at home in the workplace, leading the way to greater employee job satisfaction. This may eliminate, or at least diminish, potential financial losses due to decreased productivity and/or civil claims; in turn, company profits just might soar.
Our friends at Edge Marketing are ending the year by sharing their predictions for 2025. From the continued evolution of generative AI and its many uses to an increase in multimedia and hypertargeting, these are some of the key factors that will guide legal marketing strategies in the new year.
As organizations enhance their e-discovery processes and infrastructure, the expectation to leverage technology to maximize service delivery increases. However, legal professionals must balance innovation with humanity.
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.