In what cases does this happen?
In most situations, bosses start bullying if they want to put another person in your place - a protégé. This practice is widespread throughout the world and surprisingly resilient.
- There is a special term - bossing : the director begins to take advantage of his official position and reprimands his subordinate for any mistake, finding fault with him on every occasion.
- Psychological pressure that comes from the entire team is called mobbing . Any newcomer taking his first steps in a new position can encounter it.
This happens for various reasons: he couldn’t prove himself as an independent person, his colleagues didn’t like him at first sight... He’s too smart, too proactive . In a word, all negative human emotions are intertwined here - from envy to unreasonable hatred.
Living with such a burden is very difficult, and working even more so. No one is immune from an unpleasant test - neither the recognized stars of the team, nor the black sheep.
That is why you need to prepare yourself for confrontation in advance. So, let's look at the most common bullying scenarios.
Coronavirus and work: what your boss can and can't force you to do
The spread of the new coronavirus 2019-nCoV is taking the relationship between employers and employees to a new level. Both sides are now trying to sort out their rights and responsibilities to contain the spread of this virus, The Wall Street Journal reports.
Photo: Shutterstock
Caught between trying to prevent the spread of the 2019-nCoV virus in their workplaces and minimizing business disruption, employers are issuing all sorts of orders – unthinkable just a few weeks ago. From quarantines for workers to the transition to remote work, even orders requiring reporting of personal travel.
On the subject: An online bar has opened where you can drink during quarantine
Meanwhile, many employees are wondering how far their bosses will go to protect them from the spread of the 2019-nCoV virus, and which demands are too much.
To better understand what is acceptable and necessary to navigate the crisis, The Wall Street Journal consulted with employment lawyers and other experts. The answers often fall somewhere in the middle between the Americans with Disabilities Act, or ADA, which aims to protect people's privacy, and Occupational Safety and Health Administration standards designed to protect workers. But, according to experts, the totality of labor standards and rules suggests that it is reasonable to adhere to the following recommendations.
Here are answers to some of the most common questions from employees.
Personal journey
Can my employer cancel my holiday and force me to work instead?
In most workplaces, yes. Vacation time is not guaranteed under federal law, and most employers have the right to cancel vacation and require workers to return to work, said Kenneth Dau-Schmidt, a labor law professor at Indiana University in Bloomington. The exception is when the employee is covered by a union contract or a specific employment agreement that provides for a certain number of days off, he says.
However, most bosses understand that canceling vacation is bound to cause a backlash, so unless there is an emergency, they won't do it.
What if my boss tells me to cancel personal travel plans. It is legal?
"Employers can't dictate how you spend your personal time, even if they make travel recommendations to certain regions," explains Roberta Matuson, executive coach and author of Evergreen Talent: A Guide to Hiring and Developing a Sustainable Workforce.
Does the company have to pay for a canceled trip?
If the boss insists that the employee cancel the trip, ask for compensation. Some employers will consider this a reasonable request. But if the employment contract doesn't say so, they are not legally obligated to pay, Mr. Dau-Schmidt says.
Work remotely
I do feel uncomfortable about commuting and increasing the risk of exposure to sick people. Am I allowed to work from home?
According to Mitch Boyarsky, a labor and employment lawyer at Nelson Mullins Riley & Scarborough LLP, employers generally are not required to allow remote work. The exception is for an employee who meets the ADA requirements for remote work based on a disability. The exception is if the government mandates a quarantine, other lawyers say. Then the employer may have more reasons to allow remote work.
I feel great and don't think I'm infected with anything, but my boss insists that I work from home. Is this legal?
Yes. Employers have the right to ask employees to work remotely, says Angela B. Cornell, a clinical professor at Cornell Law School.
For example, workers who have recently traveled to China, Italy, Iran, or another country particularly hard hit by the 2019-nCoV coronavirus outbreak could be asked to work from home for a specified period. But it's not entirely fair to ask workers over 70 to work from home, even if it's well-intentioned, because older people are a protected class under federal law.
My employer asked me to work from home. Does this mean they can tell me not to run errands or not go to church?
Although your boss may ask you not to come into the office, he cannot prevent you from going to other places or, say, using the subway. However, your employer may simply tell you to stay home, says Heather Bussing, an employment lawyer in Sonoma County, California, with Rybicki & Associates PC.
“You can train and reward employees, but you cannot control them,” she told employers.
At work
My job requires me to be in close contact with a large number of clients. Do I have the right to say that I will not be able to do my job due to the 2019-nCoV coronavirus outbreak?
Workers are protected from employer sanctions if they refuse tasks they consider unsafe, says Howard Mavity of the workplace safety law firm Fisher & Phillips LLP. He advises employers to listen carefully to workers' concerns.
"You can't punish someone for making a safety complaint," he says.
If, for example, a hotel housekeeper has received the necessary training to protect against Covid-19 and is provided with the appropriate gloves and equipment, then it may not be practical to refuse to clean the hotel room. But if it becomes known that the hotel is serving guests with COVID-19, that's a different story. Employees can refuse this assignment, he says.
Should I go on a business trip?
Minnesota employment lawyer Keith Bischoff says your boss has the right to require you to travel.
“There may be an ultimatum: either you go or you lose your job,” she noted.
Her advice for workers: Make a compelling case that technology can make the meeting just as effective online. She also urges employers to be careful in their statements.
“If you give such an ultimatum, all employees of the company will quickly know about it and subsequently they may rethink the need to work for you. This is a strategic mistake,” the lawyer explained.
Depending on the circumstances, it could also be a legal mistake, says Daniel Schwartz, a partner at the law firm Shipman & Goodwin, which primarily represents Connecticut employers. He recalled a case in Connecticut where a court ruled that it was illegal to require an employee to travel to an unsafe location.
Can my employer take my temperature at work?
The Equal Employment Opportunity Commission says that under the Americans with Disabilities Act, taking an employee's temperature is considered a medical examination and is typically beyond what an employer can do or require. But if a flu outbreak is particularly severe or widespread, such testing may be appropriate. This rule likely applies to the 2019-nCoV coronavirus epidemic.
But even if it is legal to take an employee's temperature, many lawyers and health experts advise against it.
“Perhaps they just have the flu,” Schwartz admits.
Health officials have confirmed that many people with the 2019-nCoV coronavirus did not have a fever.
What if I get sick with COVID-19 at work? Will my employer be held liable?
Unlikely, because this is usually difficult to prove. If a worker suffers an injury on the job, such as a slip or fall, they are entitled to compensation, which can cover the cost of medical care and lost wages, Cornell said.
But with the 2019-nCoV coronavirus, it can be difficult to pinpoint where a person contracted it, making it difficult to hold an employer liable for medical expenses. Generally, an employee must prove that the illness was caused by "conditions characteristic of the job" and there were no other conditions where he or she could have become ill, according to Fisher & Phillips' guidance for employers.
Confidentiality
My employer knew that a colleague had contracted the virus, but did not immediately inform the rest of the staff. Don't they have to do this?
Actually, yes. Companies have a responsibility to warn those who may have come into contact with someone diagnosed with COVID-19, Cornell said. Local health authorities may also recommend that the public be aware of this.
But it is very unlikely that the company will name the infected employee. This could violate privacy requirements under the ADA, Mavity says.
Instead, employers say that an employee on a certain floor or part of the building contracted the virus.
“It takes about 1.5 seconds for everyone to realize you're talking about Joe without saying his name,” Mavity says.
On the subject: The consequences of quarantine in New York are becoming painful: what is happening in the city
If I come to work sick with COVID-19, am I required to tell my employer? Can’t I just limit myself to asking for sick leave without much explanation?
There may not be a legal requirement, but there is an ethical one, Matuson said. If you work in an office or have face-to-face interactions with coworkers, it's a good idea to alert your company to your diagnosis so managers can alert others.
If you work remotely and do not have direct contact with co-workers, clients, or others in your job, it is not necessary to disclose your diagnosis.
“You can just say: I don’t feel well,” says Matuson.
As ForumDaily reported:
- A new virus was discovered in the Chinese city of Wuhan in December 2019. In 2020, it covered all continents except Antarctica. On March 11, US President Donald Trump imposed a ban on travel to the United States from EU countries. The ban began on Friday, March 13, and will last for at least 30 days. In particular, it will affect people who have visited the Schengen area in the last 14 days.
- On March 13, Trump declared a national emergency in the United States due to the coronavirus.
- On March 11, WHO recognized the coronavirus situation as a pandemic, which has already affected more than 110 countries. Symptoms of COVID-19, the disease caused by the coronavirus, can be found here.
- For advice from a virologist on how to protect yourself from infection, follow the link.
- Taking advantage of the panic in society due to the epidemic, scammers have come up with several schemes to defraud victims of personal data and money. The most common of them can be found here.
- Succumbing to panic over the state of emergency, Americans are buying toilet paper en masse, but cannot explain why they need it during the epidemic.
- Trump signed a law providing paid leave due to coronavirus. Who can count on paid leave, read here.
- Read all the news about coronavirus in our special project.
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The boss treats me badly because of jealousy
Jealousy in this case is a multifaceted concept. Your boss may feel that you are the soul of the team, and she is considered the leader only formally.
For a complex person it is simply unbearable to tolerate this state of affairs. Therefore, she goes to any lengths to get you fired.
BY THE WAY ! Jealousy can be quite “classic”: a female director is jealous of a man who shows you attention. Having no other chance to win his affection, she uses mean tricks.
Why can't it be humane?
Because in human terms it is expensive. If you break up by agreement of the parties, then you need to be given a “parachute”. And this is several salaries.
It’s cheaper to tell thrillers about the importance of entries in the work book. Like, God forbid someone sees “by agreement of the parties” - you will remain unemployed for centuries!
Keep in mind that an adequate employer does not care about your employment records.
When downsizing, you need to officially eliminate the staff (and this is red tape) and pay you several salaries.
It is almost impossible to fire a person for something under our legislation. So the best thing is to offer you to write “at your own request”, pay the balance for the month and part ways.
Due to personal animosity
Here you can describe the reasons ad infinitum. This is how the human brain works: it reacts with irritation to objects and signs that previously caused negative emotions.
Maybe your boss didn't like you as soon as you walked into the office. Or, on the contrary, hatred flared up gradually: only you can know the true reason.
Try to remember if you had any conflicts or clashes? Perhaps it makes sense to ask your colleagues about this: in the hustle and bustle, we often do not notice obvious things.
Hostility is rarely based on logical considerations: it can all start with your appearance, voice, style. There is no need to talk about ethnicity and religious affiliation.
Other causes of bullying
Leadership positions are often occupied by people who do not fully understand how they got there and what the responsibilities of a director are. They perceive their high (compared to others) position as a fun daily attraction intended for fun.
They like to watch their subordinates and imagine themselves as a puppeteer, the ruler of destinies. Such a boss often yells and humiliates his subordinates.
IMPORTANT ! If the boss has problems in his personal life or simply lacks thrills, he tries to create an artificial excitement around himself, using employees for personal gain.
If you think about it, this is real psychological abuse and should not be tolerated. A competent psychologist can give several simple but effective recommendations on how to solve the problem.
Advice from a psychologist: what to do?
If you find yourself in such a situation at work, then listen to the recommendations of a psychologist. Here are your steps:
- Analyze your status in the team . If you are a beginner, then some stage of “hazing” is, in principle, inevitable. You will have to reveal your strongest qualities and demonstrate character in order to earn a reputation as a person who is useless in intimidating and bullying. But if you’ve been working for a long time, but the bullying doesn’t stop, that’s bad.
- Don't be a nonconformist . In any office there are rules of the “game” - so don’t break them. Attend corporate events, talk with colleagues at the coffee machine, even if you are not very interested. Try to join their “circle”.
- Do not show emotions too violently : this will only provoke your offenders. Show your dissatisfaction calmly, with restraint, and do not hesitate to discuss your boss’s unworthy behavior with your colleagues.
- If you are just planning to get a new job, then be sure to take a closer look at the situation in the organization . Read employee reviews on the Internet, go through a probationary period to have time to analyze the atmosphere. If you don’t like it, you can always refuse the position.
- also leave your old place if you are completely unbearable. Many people are stopped by high salaries and prospects, but is it worth it? Your well-being is much more important. If you are a competent worker, you will find yourself a new place. When bullying/bossing begins to gain momentum, start looking for open vacancies in advance - it will be calmer and more reliable.
Signs
The following symptoms may indicate that bullying has begun:
- You are not informed of important information;
- are not assigned serious tasks;
- You give in to frequent criticism;
- successes and achievements go unnoticed;
- You hear regular ridicule directed at you;
- you sense an obvious conspiracy; your colleagues are constantly gossiping behind your back.
