As many targets of workplace bullying can attest, some companies will engage in extraordinary, sustained measures to intimidate and retaliate against their critics. However, for many reasons, those stories usually do not become the stuff of major federal lawsuits and prominent news coverage. All too often, targets are left to their own devices to explain and verify harassing, even terrorizing behaviors that, at least on the surface, may seem implausible.
So perhaps it is useful to draw upon retaliatory campaigns in other contexts to understand just how extensive and sick those efforts can be. In fact, a story coming out of Massachusetts about how eBay employees allegedly cyberstalked and terrorized a local middle-aged couple who had blogged about eBay’s business practices illustrates the lengths to which a corporation will go to silence its critics. It is all now part of federal criminal charges brought by the U.S. Attorney’s Office. As Travis Anderson reports for the Boston Globe (link here):
It was a modest newsletter published by a suburban couple, hardly something that seemed likely to draw the ire of a Fortune 500 company. But eBay executives were growing weary of the bloggers’ pointed criticism, federal prosecutors said Monday, and they vowed reprisal.
“We’re going to crush this lady,” one eBay executive texted another in April 2019, according to a criminal complaint filed in federal court in Boston that alleged a bizarre intimidation campaign against a Natick couple by the online juggernaut.
Six former eBay employees are accused of harassing and cyberstalking the husband-and-wife team, sending a host of disturbing items that included fly larvae, live spiders, and a bloody pig mask to their home and traveling to Massachusetts to surveil the couple to make them stop publishing a newsletter critical of the online retailer, federal prosecutors said.
…That campaign included “anonymous and disturbing deliveries to the victims’ home, including . . . a bloody pig Halloween mask, a funeral wreath, a book on surviving the loss of a spouse,” and pornography sent to neighbors but addressed to the husband.
Some executives allegedly “sent private Twitter messages and public tweets criticizing the newsletter’s content and threatening to visit the victims in Natick,” prosecutors said. Some defendants also tried to install a GPS tracker in the couple’s vehicle.
Folks, we’ve seen this before in the workplace context, or at least variations of it. Targeted employees who report wrongdoing or blow the whistle can face, in turn, savage retaliation.
Cyberstalking, vandalism, thefts, break-ins. You name it. Credible accounts of hard-to-believe bullying and harassment from reliable individuals.
The anonymous behavior of the terrorizing activities makes initial investigation, at least, very difficult. You can see the damage or the effects, but tracing the source(s) takes time, resources, and money.
Are these typical instances of workplace bullying? Thank goodness, no. They reflect a small share of bullying and related situations. But they are the ones that, from my perspective as a law professor and legal advocate, most strongly highlight the need for workplace anti-bullying legislation in the form of the Healthy Workplace Bill, which I have authored.
Plaintiffs’ employment lawyers see these cases and often wonder about (1) the potential client’s psychological stability; and/or (2) what, if any, existing employment protections might apply. One hopefully would understand that someone on the receiving end of an orchestrated campaign of bullying and harassment might not be the most emotionally stable individual for the time being. As for the law, well, these scenarios illustrate the need for workplace laws, which open the door to inquiring about, and obtaining through legal discovery processes, relevant evidence.
Some try to access police help. But local law enforcement agencies often dismiss it as a workplace “dispute.” Federal law enforcement often doesn’t think it’s a serious enough priority when compared, say, to global terrorism — forgetting, of course, that this is a form of domestic terrorism.
Major corporations and other larger employers have enormous resources to hassle, harass, intimidate, and terrorize their critics, including both consumers and employees. Right now, our legal system isn’t fully up to the task of playing a sufficient protective role.