What will America’s world of work look like as we emerge from the pandemic?

Second shot came 3 weeks later!

What will America’s world of work look like as we emerge from the pandemic? Now that vaccination numbers are up, new infections and COVID-19 fatalities are down, and businesses and cultural institutions are re-opening, it’s time to generate discussions about the future of work, workers, and workplaces during the months and years to come. 

Bullying and harassment

First, bullying, mobbing, and harassment at work — key topics for this blog — won’t be going away any time soon. As I reported last month, the Workplace Bullying Institute’s 2021 national scientific survey revealed that, during the pandemic, a lot of bullying behaviors simply migrated to online platforms such as Zoom. Furthermore, individuals of Asian descent have been targeted for racial harassment due to the apparent origins of the coronavirus in China. Also, retail workers across the country have been verbally abused and physically assaulted by out-of-control customers who disagreed with mask and public safety requirements. In short, while this pandemic has brought out the best in some people, it also has brought out the worst in others.

The face-to-face workplace

Second, we’re going to see a somewhat clunky and varied transition back to working in face-to-face office settings again. Some workers can’t wait to get back to the office, while others have found themselves working effectively — and more contentedly — at home. Employers have experienced differing productivity levels with people working remotely, and some have been re-evaluating their need for large office spaces. We may see greater reliance on hybrid approaches that mix-and-match working from home and coming into the office when necessary.

Restaurant recoveries?

Third, many retailers, especially those in the restaurant and food service industry, are going to be in recovery mode. For example, will the pre-pandemic fondness that many Americans have for eating at restaurants return as vaccinations and improved ventilation systems make indoor dining safe possibilities? Fingers crossed that these industries will make robust comebacks!

Frontline workers

Fourth, millions of essential frontline workers have been putting themselves in harm’s way to stock shelves, operate cash registers, produce and deliver goods and packages, and perform countless other tasks to help keep our society going during this time. Will a grateful nation reward them with higher pay, better benefits, and stronger job security? It’s anyone’s guess as to whether that will occur.

Women bear the brunt

Fifth, the labor market impacts of this pandemic have been very gendered, with more women than men bearing the brunt of caregiving at home for children and the ill. While it may be premature to assess how this will effect current generations of women workers in the long term, the short-term impact has been palpable and threatens to endure.

Health care workers

Sixth, health care workers across the country who have been treating COVID-19 patients face trauma, exhaustion, and burnout from working long hours under the most difficult circumstances. They have been in the trenches of this war against the virus, and many have paid a price in terms of their physical and emotional health. We owe them a debt of gratitude, which includes providing all necessary measures to support them as they recover from this ordeal.

Ch-ch-changes

Seventh, we may witness a stream of career transitions, job changes, and early retirements, the cumulative results of individual and family contemplations about their lives during this long period of semi-quarantine. As I wrote in my personal blog over the weekend:

The pandemic appears to have prompted a lot of self-reflection among middle-aged folks during the past year or so, and the results of these inner dialogues are starting to emerge. More and more we’re hearing about career and job shifts, accelerated retirement timelines, moves to places near and far, changes in personal relationships, new hobbies and avocations, and more active pursuits of “bucket list” plans.

This stuff is popping up in everyday conversations, Facebook postings, and news features about life transitions in the shadow of COVID-19. I don’t know if it’s a temporary blip on the screen or the beginning of some major social ground shifting, but for now the phenomenon is real.

Haves and have-nots

Finally, the pandemic has exacerbated the divide between the haves and have-nots. Those who could work remotely and safely, watch their retirement accounts grow amidst a strong stock market, and take advantage of generous, employer-provided health care plans are coming out of this pandemic in pretty good shape. Those who lost their jobs, tapped into meager savings, and have struggled to obtain needed health care have found themselves increasingly reliant on special safety net measures enacted by the federal government. This is among the reasons why I hope that the Biden Administration’s proposals to create millions of jobs with good wages and benefits to help repair our nation’s crumbling infrastructure and build a healthy green economy are enacted. 

These points raise but a few of the compelling matters related to the post-pandemic future of work in America. In all, they highlight persistent challenges of opportunity, equality, and worker dignity that existed before this virus transformed our lives. Accordingly, I hope that we, as a society, will take the high road in prioritizing the needs of those who have struggled the most during one of the most challenging times in our history.

Personal crises and work life

Writing for the Harvard Business Review, Amy Gallo provides a very good advice piece on how to think through options when a personal crisis is affecting your work life. The crisis may be a family member with an illness, your own health situation, a divorce, or any other significant external stressor. Gallo’s full article goes into helpful detail, explaining key advice and discussing several case examples. She summarizes her major points this way:

Do:

• Determine what type of support you need — at home and at work.
• Tell your colleagues what’s happening so that they feel compassion for your situation.
• Make clear, specific requests of your coworkers and boss so that they know how they can help you.

Don’t:

• Feel you have to tell everyone directly — it’s OK to ask close colleagues to explain to others what’s going on.
• Share every detail of your situation; tell coworkers only the details that are pertinent to them.
• Assume that it will be painful to continue working during this time — sometimes going to the office can be a comfort.

Employee benefits

I’m going to put on my employment lawyer hat and underscore the importance of understanding your benefit options.

First, know your employee benefits. They may include, among other things, vacation and sick days, personal leave, and perhaps even pay advances or long-term disability coverage.

Second, if the situation involves your own health, you may have a right to a reasonable accommodation under the Americans with Disabilities Act and/or an equivalent state law.

Third, if your health or that of an immediate family member is involved, consider the option of unpaid leave under the Family and Medical Leave Act. Some employers and a few jurisdictions may offer paid medical leave.

Words of caution

Finally, if you happen to be working for a not-so-great employer, be careful about disclosures and requests involving personal crises — notwithstanding Amy Gallo’s advice. Unfortunately, there are all too many stories of unscrupulous employers using an employee’s personal crisis as a way of pushing them out of the workplace. Maybe they don’t want to provide medical leave or a reasonable accommodation. Maybe they’re looking for the right excuse to get rid of an otherwise productive worker. As many of those who have experienced workplace bullying can attest, some abusive managers are very, very good at sniffing out vulnerability.

If you think your situation may be putting your job at risk, that is the time to seek the advice of a lawyer who specializes in representing employees. For more on securing an employment attorney, see my article posted earlier this year, “Bad work situations: When do you need an employment lawyer?“

Workplace bullying targets winning unemployment benefits appeals in New York State

Thanks to a developing line of administrative appeal decisions, workers in New York State who resign their jobs due to bullying and employer abuse could still retain eligibility for unemployment benefits.

Under New York State labor law, workers who voluntarily resign without good cause are presumptively ineligible to receive unemployment benefits. Most other states follow a similar rule. Of course, this frequently leaves targets of workplace bullying in a bind when it comes to qualifying for unemployment benefits. All too often, quitting is the only way to escape the abuse.

That’s why I was so pleased to hear from James Williams, an attorney with Legal Services of Central New York, who sent news of a recent decision in a case he argued before the New York Unemployment Insurance Appeal Board.

Case Details

The claimant appealed a denial of unemployment benefits holding that he voluntarily resigned his job with a local government entity, without good cause. The Administrative Law Judge overruled the denial of benefits, rendering these findings and a decision:

The undisputed credible evidence establishes that the claimant left employment voluntarily . . . after being notified . . . that he was on probation, because he felt bullied, harassed and set up by his supervisor. I credit the claimant’s credible sworn testimony that his supervisor’s repeated criticism and scolding of him in a raised voice made him feel bullied and harassed, especially in the presence of other employees. I further credit the claimant’s credible sworn testimony that the supervisor’s actions including pointing and reprimanding him, consisted of the word “stupid”, and other language which embarrassed the claimant and that the claimant believed he was being ridiculed by the supervisor. An employee is not obligated to subject himself to such behavior. Given that the claimant had complained to the employer about the supervisor’s behavior just two months earlier, and that the supervisor’s mistreatment not only continued, but escalated, I conclude that the claimant had good cause within the meaning of the unemployment insurance Law to quit when he did. Additionally, while disagreeing with a reprimand or criticism about work performance may not always constitute good cause to quit, receiving reprimands in the presence of one’s co-workers may be. . . . Under the circumstances herein, the supervisor’s treatment of the claimant exceeded the bounds of propriety, with the result that the claimant had good cause to quit. His unemployment ended under nondisqualifying conditions.

Other Decisions

Attorney Williams relied upon previous decisions by the full Appeal Board holding that disrespectful and bullying-type behaviors that exceed the bounds of propriety (that appears to be the key phrase) may constitute good cause to voluntarily leave a job and thus not disqualify someone from receiving unemployment benefits. They may be accessed at the Unemployment Insurance Appeal Board website:

• Appeal Board No. 571514 (July 3, 2013)
• Appeal Board No. 559667 (February 28, 2012)
• Appeal Board No. 558223 (January 25, 2012)
• Appeal Board No. 549810 (September 10, 2010)

Jim added in an e-mail that potential New York claimants who may fit this scenario “are advised to take steps to try and save their jobs prior to quitting.  They will want to be able to show to the Department of Labor and to an ALJ that they took steps to try to change the situation – complaining to management, human resources, etc. – before quitting.”

Using These Decisions

The reasoning in these decisions is limited to unemployment benefits cases. Furthermore, the holdings of these cases are not binding upon unemployment benefits claims in other states. However, they can be brought to the attention of unemployment insurance agencies elsewhere as persuasive precedent.

In addition, this serves as an important lesson to those who may have been initially denied unemployment benefits after leaving a job due to bullying behaviors. It is not uncommon for initial denials to be reversed on appeal, and these cases provide genuine reason for optimism in situations involving abusive work environments.

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Many thanks to Jim Williams, a former colleague at the Labor Bureau of the New York State Attorney General’s Office many years ago, for litigating these unemployment insurance cases and for bringing them to my attention. It is inspiring to see a former colleague continuing to do work that makes a positive difference in the lives of others.

“Can we help you with the problems we caused?” The ironies of employee assistance and wellness initiatives

Employee Assistance Programs (EAPs) and employee wellness programs are among the features of many contemporary workplaces, especially larger organizations that are in a position to devote time and money to extended human resources operations. They can serve useful roles in creating healthier, more productive workplaces and in helping workers with personal problems and challenges. Many are staffed by dedicated, trained EAP and wellness practitioners.

In less-than-wonderful workplaces, however, EAPs and wellness initiatives can play an ironic role: They exist in part to deal with the dysfunctional and unhealthy aspects of the organization itself.

Briefly explained…

EAPs are designed to help workers deal with personal problems that may impact their job performance and health. They may include providing advice and consultation, short-term counseling, and referrals to other care providers.

Common employee wellness initiatives may include anti-smoking counseling, exercise classes, weight control assistance, and mindfulness programs.

But what if…

So here’s the rub: What if the problems and challenges that lead workers to contact an EAP or partake in a wellness program are triggered by work-related stress or even mistreatment?

I’m not talking about the everyday stress that is part of many jobs. Rather, I’m referring to acute situations that can be attributed, at least in significant part, to bad management, interpersonal abuse (such as sexual harassment or workplace bullying), and unhealthy organizational cultures.

For example, what if a worker is contacting the EAP because she’s being sexually harassed by her boss? What if a worker enrolls in a smoking cessation program because undue stress created by a dysfunctional work situation has fueled a nicotine habit?

“It’s all about you”

These scenarios highlight the limits of EAPs and wellness programs: The focus is typically on the individual. However well meaning and helpful at times, they often are constrained in addressing systemic problems that may prompt someone to seek help.

To draw on the examples above: What will an EAP director do if an alleged serial sexual harasser is the same person who hired her? If participants in a smoking cessation program repeatedly complain about work-related stress, will the program coordinator be able to raise concerns about an unhealthy organizational culture?

I’m not suggesting that we get rid of EAPs and wellness programs because of these inherent limitations; quite the contrary. However, I am very curious to know how many dysfunctional, unhealthy organizations look like pure gold on paper because they offer these useful benefits, without addressing some of the internal, core reasons for why their workers access them.