The Jerk Boss Conundrum: What To Do? Part 2

So you have remained professional and calm and have met with your boss to request that the insulting abusive behavior stop, but the abuse continues. What now?

How To Fight Back Against Workplace Bullying

To the extent possible, document the behavior of your boss including detailed notes of what was said, the date and time of the statement(s) and anyone who was present. While it may not be practicable under the circumstances to contemporaneously take notes (and may anger your boss) as soon as the boss leaves your area immediately write down word for word what was said. This “journal” or calendar can be an invaluable tool for later recounting events to Human Resources or recalling events should you be terminated.

If you have requested that your boss stop harassing you and it continues or worse your boss is now retaliating against you, it is time to file a formal complaint with Human Resources. I can not stress enough that this complaint should absolutely be in writing and should be detailed and further should request a written response. The reasons for this are twofold: First, the written complaint starts a document trail and a beginning date for Human Resources to act. Under the Fair Employment and Housing Act (FEHA), for complaints regarding discrimination or harassment under the FEHA, the written complaint triggers a legal obligation in California to conduct an immediate investigation. Second, I have seen numerous actual cases where the oral “complaint” is later denied to have been made at all or has been drastically distorted so that it was not a “complaint” at all. After you have made your written complaint, if you are not contacted by Human Resources, follow up on your complaint with another written request and a phone call.

Lastly, if the abuse begins taking a toll on you emotionally it is time to remove yourself from the workplace. Sometimes, enough is enough. Emotional distress manifests itself in different ways on different people, but it is important to recognize the signs of emotional distress and to seek medical attention. For example, are you having trouble sleeping when you used to sleep easily? Are you losing weight? Are you having trouble getting out of bed to report to work? Do you experience anxiety when thinking about reporting to work? Do you have nightmares about the treatment? While there are certainly other symptoms that one may experience, if the abuse at work is having an adverse effect on your home life, it is time to seek medical care. This step can be surprisingly difficult to take as many employees feel it will create an unwanted stigma, but the reality is that if you are experiencing symptoms, your body is giving you a message: remove yourself from the work place for your own health.

Unfortunately, no state has yet passed a law prohibiting work place bullying or the so called “Jerk Boss Law,” though some states have considered the issue quite seriously. In 2003, California made the nation’s first attempt at anti bullying legislation with Assembly Bill 1582. Unfortunately, no hearing date was scheduled and the bill died in committee and has not been revived.

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 One of this article, Tips On Dealing With Workplace Harassment.

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