MTW Revisions: July 2019

In this regular feature, each month I’m reviewing some of the 1,700+ entries to this blog since 2008 and opting to revise and update several of them. I hope that readers find the revised posts useful and interesting. Here are this month’s selections:

After being bullied at work, what next? (orig. 2009; rev. 2016 & 2019) (link here) — “Oftentimes, workplace bullying leaves a target’s head spinning. Whether of the overt or covert variety, or perhaps both, work abuse can be quickly destabilizing. It’s hard to get one’s bearings. …All of this boils down to the fact that targets must often consider their options on their own. For those who are in such a position, here are several questions to ask and answer, ideally earlier rather than later….”

The sociopathic employee handbook (orig. 2016; rev. 2019) (link here) — “I once had an opportunity to review provisions of an employee handbook from a large, mostly non-union employer in the non-profit sector. . . . Heh, among my reactions was that this handbook read like the handiwork of a sociopathic lawyer!”

What is at-will employment? (orig. 2015; rev. 2019) (link here) — “The legal rule of at-will employment is the presumptive employment relationship in the United States. It means that an employer can hire or terminate a worker for any reason or no reason at all, so long as that action does not violate existing legal protections. . . . Outside the U.S., at-will employment is not the norm. In many industrialized nations, workers can be terminated only for just cause, which usually means inadequate performance, serious misconduct, or financial exigency.”

Tribes for brewing ideas and engaging in positive change (orig. 2015; rev. 2019) (link here) — “Today, tribes may form and sustain with members spread across the land. Physical proximity helps a lot, of course, especially in the form of periodic conferences and meetings. But the online world can be a way of sustaining and building those bonds too, especially when face-to-face interactions are less feasible.”

Working notes as summer beckons

Briefing MA legislators, staffers, and interns on the Healthy Workplace Bill

Dear readers, with summer now officially here in Boston, I’m working away at various projects, initiatives, and events. In addition to writing a law review article, here is a sampling of what has been keeping me busy and drawing my attention during recent months and heading into summer:

Legislative briefing on MA Healthy Workplace Bill

Last Tuesday, we had a very successful briefing session on the Massachusetts Healthy Workplace Bill (Senate No. 1072, link here), with a full room of legislators, legislative staffers, and interns joining us at the State House. Jim Redmond, legislative agent for SEIU-NAGE, facilitated the briefing. Our lead sponsor, Senator Paul Feeney, spoke about the need for the HWB, and I gave a short presentation about the legal and policy mechanics that have informed my drafting of the bill. We had time for Q&A, which included added remarks by former SEIU president Greg Sorozan, a key leader behind labor efforts to address workplace bullying.

This coming Tuesday, June 25, the legislature’s Joint Committee on Labor and Workforce Development will hold a hearing on labor-related bills, including public testimony on the HWB (go here for info). We’ll be there in full force for that, as well.

Medium highlights the Healthy Workplace Bill campaign

We continue to advocate for workplace anti-bullying legislation on a national basis. Recently, for a piece in Medium titled “How to Outlaw the Office Bully” (link here), I shared this observation with writer Leigh Ann Carey:

“We are benefitting from a ripple effect from the #MeToo movement,” Yamada says. “The media headlines start with sexual harassment, but as you read deeper into the story you find out there’s a lot of generic bullying. These behaviors don’t occur in a vacuum. They hang together. Shouldn’t we be free of all this stuff by now?”

A Rome conference

A recurring educational highlight for me is the biennial International Congress on Law and Mental Health, sponsored by the International Academy for Law and Mental Health (IALMH). Thanks to the good graces of the IALMH, our International Society for Therapeutic Jurisprudence organizes a dedicated stream of panels specifically on therapeutic jurisprudence topics. The conference is a welcomed opportunity to share some of my own work and to attend panels featuring colleagues from around the world.

The next International Congress is scheduled for this July in Rome. I’ve organized two panels for the conference, both of which I’ll share more details later:

  • A panel on “Bullying, Mobbing, and Harassment: Psychological Trauma and Civil Litigation.” I’ll be talking about the concept of “trauma points” in employment litigation, highlighting (1) the many points at which a plaintiff in an employment lawsuit must retell the narrative of an abusive work situation, leading to re-traumatization; and (2) the traumatizing nature of litigation itself, as a legal process. I’ll be building my talk around a prototypical racial harassment claim, drawn from real-life cases. 
  • A panel on “Legislative Scholarship, Design, Advocacy, and Outcomes.” I’ll be examining how therapeutic jurisprudence principles should be applied to the development of public policy, referencing — among other things — the U.S. push for workplace anti-bullying legislation.

I’ve included in my travel schedule a few extra days for sightseeing, as I’ve never been to Rome and look forward to exploring it. But seriously, the conference is a draw in and of itself, as every time I come away from it enriched by the research, insights, and ideas offered by so many of my colleagues. It’s an intellectual treat, with real-world applications.

Blog planning

I’ve never been very systematic about planning entries to MTW, but I’d like to become a bit more focused in the future. Also, with some 1,700 pieces posted here since late 2008, and a lot of other folks entering the social media fray on topics such as workplace bullying, I’d like to spend more time updating past pieces and sharing relevant commentaries from other sites. This summer I’ll be implementing a monthly blogging schedule that looks something like this:

  • A new and original post about workplace bullying, mobbing, and abuse;
  • A post that collects and shares my revisions of, and updates to, some of the 1,700+ articles previously posted here;
  • A post that collects and links to a variety of articles and resources relevant to work, workers, and workplaces, as well as broader, related topics of psychology, economics, and public affairs;
  • A post on miscellaneous topics relevant to this blog.

I’m also going to consider ways in which educators might better access and use the material that I’ve posted here. This idea was planted by a review of this blog discussed below.

Finally, I’m posting more content to my new Facebook Page, especially links to interesting pieces and to relevant past blog posts. If you’re on Facebook, you may receive new postings by “liking” or “following” this link.

MTW receives positive review from educational resources site

MERLOT.org, a popular educational resources site devoted to sharing online materials that can be used for classroom purposes, has given Minding the Workplace a very positive peer review (link here). This is especially gratifying in view of the fact that MTW has not been necessarily designed for classroom use. Nevertheless, the reviewer saw the potential usefulness of MTW for classroom purposes. Here’s a snippet of that review:

The blog underscores workplace issues of enormous contemporary significance (e.g., diversity, bullying, toxic cultures) and provides a perspective that can deepen students’ understanding. The author of the blog is an expert in the subjects that the blog addresses. The blog is exceedingly well-written, well-informed, and professionally presented. Entries link out to a variety of newspapers and periodicals. The blog contains links to key organizations and scholarly articles that address workplace bullying, employee dignity, and employment law. 

The reviewer concluded that MTW is an “excellent resource for faculty and students who have an academic or professional interest in issues and challenges related to workplace culture.”

The Trump effect on productivity (including mine)

I read the news today, oh boy

My confession: I am so appalled and alarmed by Donald Trump that he has had a negative impact on my productivity. It positively galls me to admit that this man has had that kind of influence on me for over two years.

Yesterday was a prime example. The momentous story that Trump chose to credit Russian president Vladimir Putin’s insistence that Russia did not interfere with the 2016 U.S. election, while largely dismissing the opposite findings of American law enforcement and intelligence agencies, left me stunned. It also meant that a chunk of my day was lost to reading news analyses online.

When it comes to Trump and my productivity, perhaps it doesn’t help that for nearly 20 years, I’ve steeped myself in research and commentary about bullying, dishonesty, bigotry, and abuses of power, especially in work settings. Some readers disagree with my assessment of Trump — every time I post negatively about him, I lose a few subscribers — but during the 30-plus years that I’ve been aware of him, I have yet to see any real evidence of empathy or kindness from the man. He is the consummate workplace bully and dishonest boss, and he is a master of gaslighting behaviors.

However, it’s not only a reaction to a certain personality type that pushes my buttons. I am alarmed by what I see transpiring on the national and international stages in terms of public policy. And I am deeply concerned that Trump is displaying a form of so-called leadership that others are emulating. He has been president for less than two years, yet I believe it will take at least a decade for us to recover from this.

Direct hit

Sometimes the Trump effect on my productivity has been about as direct as it gets, namely, on the very work I do concerning workplace bullying, mobbing, and abuse.

Two summers ago, when Maureen Duffy and I were working on our co-edited book set, Workplace Bullying and Mobbing in the United States, the unfolding presidential campaign was so distressing and distracting that I sometimes had trouble staying focused on the project. (How ironic is that!?)

In January 2017, I was still so dazed and reeling from the November election that it took me by surprise that it was time to reintroduce the anti-bullying Healthy Workplace Bill in the new session of the Massachusetts legislature. I did manage to pull myself out of my numbed state, but I was shaken that the election had such a profound impact on my psyche. (That won’t happen again.)

What to do?

Trump does what other deeply narcissistic, abusive types do so well. He sucks up our energy and attention in disproportionate amounts.

For those of us so affected, what are we to do? For starters, we need to be consciously aware of this impact. It means repeatedly reminding ourselves that many other important matters deserve our attention.

It can also mean taking the events of these times and turning them into lessons on how to change things for the better. For example, I’ll soon be sharing a draft of a law journal article that discusses how the Trump Administration’s policies and practices on immigration and health care have had especially traumatic effects on those directly affected by them. My longer range solution is that therapeutic jurisprudence — a school of philosophy and practice that embraces human dignity and psychologically healthy outcomes in the law — should be a framing perspective for making public policy.

Okay, I’m going to take a deep breath and publish this post. Then it’s back to other tasks, hopefully with fewer newsworthy distractions than yesterday. After all, bullies like it when others merely keep reacting to them. To advance human dignity in the face of contrary forces, we need to create our own agendas and pursue them.

A story for our times

So here’s the short version: A woman who objects to an eight-year-old girl selling bottled water on the street is filmed apparently calling the police on the young kid. The video goes viral, and the woman loses her job. There’s a racial dynamic here too, as the woman is white and the girl is black. As reported by CBS News:

STUDIO CITY, Calif. — The woman dubbed “Permit Patty” for threatening to call police on an 8-year-old black girl selling water on the street has stepped down as CEO of her cannabis company. CBS Los Angeles reports the move follows a massive online backlash that resulted in her products getting dropped by other marijuana sellers.

Several Bay Area dispensaries are now refusing to sell products made by Alison Ettel’s company TreatWell Health, The San Francisco Chronicle reported Tuesday.

“It is Ms. Ettel’s belief that TreatWell, its employees and patients should not have to suffer because of a situation that occurred in an escalated moment,” company spokeswoman Cynthia Gonzalez is quoted as saying in the paper.

At least three marijuana dispensaries stated publicly they would stop selling TreatWell products.

It’s a story for our times: Incivility, race, smartphones, social media, legalized pot, and job loss.

From an employment standpoint, the lesson is an easy if unsettling one. Anything we do these days can be caught on a smartphone camera. If the behavior reflects negatively on us and the video goes viral, it can affect our employment status. Most American workers today are employed on an at-will basis, which means they can be terminated for any reason that does not violate existing employment laws. Video footage from an incident outside of work that causes negative publicity for the company can be among the legally valid reasons to fire an at-will employee.

I don’t know the specific nature of Allison Ettel’s employment status with her now-former company, but her demise was swift.

As far as the racial aspect goes, I won’t assume how race impacted Ms. Ettel’s actions. But in these hyper-charged times, racial optics matter and sharpen quickly. When they go viral online, that can be all that counts. This just looks bad.

The marijuana angle adds a humorous twist. Believe it or not, I’ve never even tried pot; I’m a pretty straight-laced, geeky guy. But how many of you were thinking that Ms. Ettel might’ve benefited from a toke or two before getting so worked up over a young kid trying to earn some money by selling bottled water on the street?

Networks vs. hierarchies

Historian Niall Ferguson has written a very interesting book for anyone interested in the intersections of power, institutional hierarchies, and social networks. It’s titled The Square and the Tower: Networks, Hierarchies, and the Struggle for Global Power (2018). Here’s a snippet from the publisher’s description:

Most history is hierarchical: it’s about popes, presidents, and prime ministers. But what if that’s simply because they create the historical archives? What if we are missing equally powerful but less visible networks – leaving them to the conspiracy theorists, with their dreams of all-powerful Illuminati?

The twenty-first century has been hailed as the Networked Age. But in The Square and the Tower Niall Ferguson argues that social networks are nothing new. From the printers and preachers who made the Reformation to the freemasons who led the American Revolution, it was the networkers who disrupted the old order of popes and kings. Far from being novel, our era is the Second Networked Age, with the computer in the role of the printing press. Once we understand this, both the past, and the future, start to look very different indeed.

I’ve spent some time with this book, and although its focus is on the grander sweep of history, it’s a thoughtful and provocative read for anyone who wants to contemplate the hierarchy vs. network dichotomy generally.

In fact, the book’s main theme may have special significance for those of us in “underdog” roles with the ideas and causes we’re advocating for, in a world where political, economic, and social power can feel so stubbornly concentrated. In essence, The Square and the Tower invites us to think about how we can use our horizontal networks to overcome entrenched hierarchies. It’s not easy, but it can happen, and access to digital communications can help us do it. Technology is not a panacea, but it can be an accessible and relatively affordable connector, not to mention a welcomed complement to face-to-face communications.

Of course we shouldn’t err in assuming that all networks are good and all hierarchies are bad. Structures can be created and activated for positive and nefarious purposes alike; human motivations and actions give them their meaning.

This theme is but one element of the much larger conversation of how we can change an increasingly plutocratic society, with its enormous hierarchies of wealth and power. Nevertheless, it puts some historical “oomph” behind the notion that networks matter and can impact change.

In the news

It has been a year of prominent news stories related to the workplace, especially the avalanche of accounts concerning sexual harassment. Here are many of the 2017 news stories in which I’ve been quoted or where my work has been discussed:

Thanks a million — and lots more to come!

I’m doing a quick little celebration here. Sometime over the past hour or so, this modest little blog recorded its one millionth “page view,” or “hit.” When I started Minding the Workplace some nine years ago, I had no idea whether it would endure or attract any interest. But thanks to you, my readers, what began as an opportunity to share some of my work and observations  — mainly about workplace bullying and abuse — has grown into a more broad-ranging source of commentary about the experience of work and related topics.

Because of a packed schedule, I admit that I’m sort of gliding into this first million. During the past six months I’ve been extremely busy on matters that overlap with many topics raised on this blog. They include co-editing (with Dr. Maureen Duffy) a forthcoming two-volume book set, Workplace Bullying and Mobbing in the United States and serving as the founding board chairperson of a new non-profit organization, the International Society for Therapeutic Jurisprudence, launched over the summer and going operational online in January. These initiatives, along with a sea of other writing and organizational commitments, have caused me to post less frequently here.

That will change next year, as I plan to resume a more frequent blogging schedule. Among other things, I’m going to be drawing regularly from Workplace Bullying and Mobbing in the United States and our more than two dozen contributors to offer snippets of commentary, research, and insight on work abuse. There’s so much in these two volumes that will be worth summarizing and discussing.

Of course, the world of work will continue to supply an ongoing stream of topics to write about, including cutting-edge research by scholars, compelling commentary by journalists and fellow bloggers, and real-life events and trends that demand our close attention.

I look forward to sharing this with you during the months and years to come!

 

%d bloggers like this: