The Jerk Boss Conundrum: What To Do? Part 1

The childhood bully has grown up and is in a position of power. Petty insults, name calling, shouting, exclusion from events, and sabotage, are now daily occurrences.

In an alarming trend, more and more employees are subjected to daily abusive language and insults from a Supervisor. It is easy to feel helpless and powerless in such a situation. After all, you can’t complain to the very person you find objectionable right? And if you complain you will be fired right? This is the proverbial “catch 22” in that if you don’t complain you must continue to endure the harassment, but if you do complain you will inevitably be fired. If allowed to continue, The Jerk Boss abuse frequently results in significant emotional distress requiring medical care. So, what to do?

Tips On Dealing With Workplace Harassment

First, remain professional and calm in the face of whatever insults or harassment are being leveled at you. By remaining professional and calm you will not escalate the situation further or worse give the Jerk Boss ammunition to later accuse you of insubordination justifying a termination.

Second, DO confront your Jerk Boss, but remember rule number one. Professionally and calmly make your boss aware of his/her behavior and that you do not appreciate the tenor of the conversation nor the content. Remind your boss that you are all professionals and will thrive in a team environment and that personal insults are not necessary and are not appreciated. Most importantly, request that he/she please stop their behavior. Caveat: We usually do not recommend informing your Jerk Boss of his/her behavior at the time he/she is being a jerk. Wait until your boss is in a calm state and then ask for a moment of their time to speak.

The good news is you have placed your boss on notice and made a workplace complaint regarding working conditions. In California, this complaint may set up a claim for retaliation if you are later fired and may offer you protection under Labor Code Section 232.5 or 6310 or depending on the nature of the complaint protection under the Fair Employment and Housing Act (FEHA). California Labor Code Sections 232.5 and 6310 afford protection for complaining about working conditions. California’s Fair Employment and Housing Act (FEHA) affords protection for any person retaliated against for making a good faith complaint of discrimination or participating in a discrimination investigation. If you are terminated after making a complaint regarding working conditions or discrimination, you may have a solid retaliation case against your employer. Most employers are aware of these laws and are wary of ending an employment relationship after a workplace complaint has been registered for fear of a wrongful termination or retaliation claim being filed.

John R. Goffar is a Partner with Advantage Law Group. Mr. Goffar has been practicing Employment Law for more than 15 years. Advantage Law Group is an Employment Law Firm representing employees throughout California.

Read Part Two: How To Fight Back Against Workplace Bullying

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