Mobbing in the Workplace

[Mobbed]

Hello everyone!

Was wondering if anyone knew of any employment law or if anyone can cite any cases that have been or set a precedence on "Mobbing in the Workplace".

Doing some research for a friend and trying to get some ideas so as to know which way to keep searching.

For exactly what I am referring to and the article that is the BEST description for this particular incident:

(apparently I need 25 posts to post links. That's kind of silly, since I have no other reason to post here except to get information on this. So I have tried to obfuscate the link the best I could. Hopefully you guys can piece it together Take out the spaces, hyphens, replace the "(dot)" with a . etc. Thank you.)

mediate (dot) c-o-m / articles / davenport . cfm

That article pretty much nailed the situation to a T.


Some more questions are:
What are the employees rights regarding this kind of debilitating issue?
How would they initiate a claim?
Is there any recourse?
If there is what is the burden of proof?

I don't want to go into too many specifics, but here is a few I can share:
1. The particular employee has always had exemplary reviews above average.
2. Was recently given a demotion but made it to sound as if it was just a "re-organization".
3. Has been made to be accountable in a way that other employees are not made to do.
4. Had had to undergo psychiatric therapy for the past 3 months in order to even deal with living a decent existence.
5. Was told if they couldn't do what was asked, they'd find someone that would.

Thank you in advance for any help.

 

[Patricia_Young]

Excuse me for being out of touch, but what is "mobbing"?

And instead of being theoretical, just explain to us what is happneing.

(The link prohibition is there to discourage one-time spammers.)

 

[FlaRiptide]

I briefed that article because I too was unfamiliar with the terminology "mobbing in the workplace". My own opinion is that most employees placed in similar conditions decide to find employment elsewhere. Only when they stay would things escalate to the "mobbing effect".

The specifics you mentioned are not illegal. A hostile workplace would include such illegal activity as unwanted sexual advances.

As I am not an attorney, it will be interesting to hear from someone else who may be familiar with "mobbing".

 

[Mobbed]

To Patricia Young: I included the link to explain what "mobbing" is. I'm not being "theoretical" I was very explicit. How else would you like me to explain? Is there a reason to speak to me so?

And unless you have done any research on the matter - you won't know what I speak of. If you don't know what I mean, why answer? I don't understand?

I posted my query here because I thought people here might help??? If no one ever answers than I'll assume no one knows what it is and I'll move on.

Instead, you make me feel like *I'm* a problem, when I'm trying to help someone WITH a problem.

Again:
www mediate (dot) c-o-m / articles / davenport . cfm

If you read that link completely, it explains it very well.

And it IS ILLEGAL to harrass, mentally, physically, sexually any employee. there's already been court cases about "mobbing" in this kind of an instance.

The problem is there are very few here in the states. They are mostly overseas, as it's been established there first.

So I was HOPING someone, anyone here, might have heard about it. Isn't this the "TheLaw.com legal advice forum" ? I'm just trying to dig a little deeper to have some facts straight before I go to this person and hand it all over to them and perhaps try and help them at least get taken care of.

This person I'm trying to help has been affected so bad they are in weekly treatment. They didn't care if they lived or died. They didn't care if they ran of the road and killed themselves. Their moral was beaten down so low at the workplace, that they felt completely hopeless and useless. It affected their family, and their own well being.

To FlaRiptide: Moving on or finding another job is easier said than done in this economy. Especially for a career employee who'd been at the job for almost 4 decades. Who is well into their 50's. The "mobbing" has not happened until the last 4 years. Really bad in the last 2. Long enough to mentally break them.


so yeah. If anyone knows something, or has heard of it... I'd appreciate it. Otherwise, fine. I'll move on.

 

[Mobbed]

Breakdowns from the link:

Impact of Mobbing

Mobbing--the emotional abuse--is a form of violence. In fact, in the book Violence at Work, published by the International Labor Office (ILO) in 1998, mobbing and bullying are mentioned in the same list as homicide, rape, or robbery. Even though bullying and mobbing behaviors may seem "harmless," in contrast to rape or other manifestations of physical violence, the effects on the victim--especially if the mobbing is happening over an extended period of time--have been so devastating for individuals that some have contemplated suicide. And, we cannot exclude that some cases of the "going postal syndrome" may not also have been a consequence of what those individuals perceived as emotional abuse on the job.

Mobbing and bullying affect primarily a person's emotional well-being and physical health. Depending on the severity, frequency, and duration of the occurrences and how resilient an individual may be, persons may suffer from a whole range of psychological and physical symptoms: from occasional sleep difficulties to nervous breakdowns, from irritability to depression, from difficulties to concentrate, to panic- or even to heart attacks. What were occasional absences may become frequent and extended sick leaves.

Many persons who have become a target of a mobbing are damaged to such an extent that they can no longer accomplish their tasks. At the end, they resign--voluntarily or involuntaril--,are terminated, or forced into early retirement. Ironically, the victims are portrayed as the ones at fault, as the ones who brought about their own downfalls. And in numerous instances, the symptoms after a person has been terminated or resigned, can continue and intensify and have led to the diagnosis of post-traumatic stress disorder, PTSD.

And it is not only a person's health and sense of well-being that is seriously affected. Their families and their organizations are gravely impacted as well. Relationships suffer, and company productivity is impacted as energies revolve around the mobbing and divert attention from important and significant tasks at hand.

How It Starts and Why It Happens

It often starts with a conflict, any type of conflict. However, no matter how hard an individual may try to resolve an issue, it does not get resolved. The individual does not seem to get recourse. The issue does not go away and escalates to a point of no return.

What could have been resolved with a bit of good will and the appropriate mechanisms in place, now becomes a contest between who is right and who is wrong. Some of the accusations and demeaning attacks may be guided by a scapegoat mentality, the need for personal power over others, and by personal animosities, by fears or jealousies. Group-psychology and a complex array of social-organizational dynamics begin to play their part.

How, you might ask, when there seem to be more structures and laws designed to protect workers than ever before, is this particular workplace behavior--mobbing--so prevalent and yet awareness about the issue so scarce? We believe there are three reasons.

One is that mobbing behaviors are ignored, tolerated, misinterpreted or actually instigated by the company or the organization's management as a deliberate strategy. The second reason is that this behavior has not yet been identified as a workplace behavior clearly different from sexual harassment or discrimination. And thirdly, more often than not, the victims are worn down. They feel exhausted and incapable of defending themselves, let alone initiating legal action.

The Costs of Mobbing

In 1991 C. Brady Wilson, a clinical psychologist who specializes in workplace trauma, wrote in the Personnel Journal (now Workforce Magazine) that real or perceived abuse of employees amounted to a loss of billions of dollars: "Workplace trauma, as psychologists refer to the condition caused by employee abuse, is emerging as a more crippling and devastating problem for employees and employers alike than all the other work-related stresses put together." The actual costs in terms of lost productivity, health care and legal costs, not to speak of the psycho-social implications, are yet to be measured.

Dr. Harvey Hornstein, professor of social-organizational psychology at Columbia University Teachers College, in his book Brutal Bosses and Their Prey, estimated that as many as 20 million Americans face workplace abuse on a daily basis--a near epidemic.

Awareness Grows

Nevertheless, awareness is growing. Bullying and mobbing at work is increasingly being discussed in the media and in professional organizations. Researchers in organizational behavior are now devoting their attention to this topic and a number of articles have appeared in academic journals and a handful of books have been written over the last three years devoted to work abuse, brutal bosses, bullying, and mobbing.

Summary

Mobbing is emotional mistreatment, abuse, committed directly or indirectly by a group of co-workers directed at anybody. People who have been affected by mobbing are suffering immensely. Mobbing is as a serious workplace issue most often leading to voluntary or nonvoluntary resignation or dismissal. The social and economic impact of the mobbing syndrome has yet to be measured in quantitative terms in the U.S.

Mobbing can only persist as long as it is allowed to persist. Organizational leadership plays the most important part in its prevention. By enforcing decency, civility, and high ethical standards in the workplace and by creating a nourishing environment, bullying and mobbing will not surface. There are millions of enlightened managers and leaders and thousands of companies that do just that. They serve as good examples and places of refuge.

 

[Mobbed]

To add to this:

Bullying is an act of violence. The International Labor Orgainization includes bullying under the heading "Violence in the Workplace," along with homicide and rape.

 

[Mobbed]

Was doing my own digging, and I actually think I've answered my own questions as have come across several resources on the web devoted to it.

This is a great link to check out:
workplacebullying . org/ targets/ solution/ indiana/ indiana . html

"The trial was based on a claim of emotional distress and assault, not bullying, of the plaintiff Joe Doescher. It was dubbed by the press as the nation's first "bullying trial."

The plaintiff Doescher won and the jury awarded $325,000."

"On April 8, 2008, by a vote of 4-to-1, the Supreme Court UPHELD the original trial verdict and the $325,000 award to Joe Doescher."

So we have a legal precedence.

Thanks for any help. I at least have a tone of resources to give her and some recourse for her.

 

[FlaRiptide]

Mobbed,

May I suggest you consult with a local attorney to do the research for you? You may find that your research is fruitless due to not having merit. For instance: Here are my concerns regarding your "specifics".

I don't want to go into too many specifics, but here is a few I can share:
1. The particular employee has always had exemplary reviews above average.
2. Was recently given a demotion but made it to sound as if it was just a "re-organization".
3. Has been made to be accountable in a way that other employees are not made to do.
4. Had had to undergo psychiatric therapy for the past 3 months in order to even deal with living a decent existence.
5. Was told if they couldn't do what was asked, they'd find someone that would.

1. Nothing unusual with that.
2. Nothing unusal or illegal about that. Happens all the time.
3. There is no law that says an employer must treat all employees the same. It is normal for some employees to be accountable differently than others.
4. Many people undergo depression due to life's struggles and work stress. What proof do you have that shows it is directly related due to her employer's negligence?
5. Duh!! If she was my employee and didn't do as I asked (legal requests) I would terminate her employment and find some one else too.

If your friend is trully in a "Mobbing" situation, she would be best helped by consulting a local attorney who is familiar with the details.

 

[Mobbed]

Incredible.