Workplace bullying
comes in the form of:

• Verbal abuse.
• Offensive behaviors that are threatening,
  humiliating or intimidating.
• Work interference or sabotage that prevents
  work from getting done.

Workplace bullying can be by one person or by a “mob” (this
generally includes peers of the offender or those that think that assisting in
the bullying will gain them favor with the perpetrator).

Generally, “bullies” in the workplace are in high
power positions or have the ability to influence working conditions for the
employee. In most instances it is a supervisor and subordinate relation.
However, it does not have to be a person in a power position that bullies
another employee. Bullies can be the employee’s peer who is trying to gain
favor, an employee who’s work may be subpar, an employee who feels insignificant
or valueless. Bullies take actions to make others feel bad in the attempt to
make themselves seem more important.

Some examples of common tactics used by workplace bullies are:

• Falsely accusing someone of errors the person
  didn’t actually make.
• Hostilely staring at an employee or nonverbal
  intimidation.
• Unjustly discounting the person’s thoughts or
  feelings in front of others.
• Using the “silent treatment.” Refusing to
  acknowledge the person or say hello or goodbye.
• Making up rules for specific people.
• Disregarding and discrediting satisfactory
  work.
• Harshly and constantly criticizing the person.
• Starting, or failing to stop, destructive
  rumors or gossip about the person.
• Encouraging people to turn against the person
  being tormented.
• Singling out and isolating one person from
  other co-workers, either socially or physically.
• Yelling, screaming or throwing tantrums in
  front of other colleagues to humiliate someone.

Donath Law, LLC has
experience raising and resolving situations in which employees are being
bullied in the workplace. While the laws have not been passed to protect most
targets of bullying, there are creative alternatives to assist employees in
protecting their employment and fighting back against bullies. Bullying may
also fall under laws, among others, that protect against discrimination, sexual harassment, retaliation and breach of contract.

Some employees being
bullied feel they have no option but to resign from their job. There are other options.

Don’t continue to be a
victim! For more information or to find out how we can better assist you with
your personal situation, contact Sheree Donath.

Employees always question what it means to be Terminated With
Cause versus Terminated Without Cause. The quick response, is that a
Termination With Cause generally means that an employee engaged in some kind of
misconduct whereas a Termination Without Cause is based upon a decision of the
employer to end the employee’s employment.

Terminations With Cause generally occur in some of the following situations, including
among others:

• violations of company policy
• insubordination
• fraud
• embezzlement
• conviction of a crime
• violence or threated violence at work
• falsifying records

At times, Company’s try to claim that performance can be a reason
for a Termination with Cause. However, poor performance or not meeting
expectations is not necessarily Cause (i.e. gross misconduct) as defined above,
but can be used to deny an employee benefits or severance that the employee may
be entitled to receive had the employee been terminated without cause.
Sometimes, employees who are about to be Terminated With Cause may be given the
option to resign from the job.

Termination with Cause has substantial ramifications and could
result in an employee losing stock options, equity, deferred compensation,
severance, bonuses, unemployment benefits, etc.

Termination Without Cause is how most employees are terminated, as most employees are at-will
employees. Examples of
Termination Without Cause are layoffs, reductions in force, job eliminations,
downsizing, etc. Terminations Without Cause generally afford employees with all
the benefits an employer has promised through contracts and policies. Many
employees Terminated Without Cause also receive severance benefits.

Regardless of whether an employee is Terminated With Cause or
Terminated Without Cause the employee is still obligated to adhere to
contracted restrictions on the employee’s future employment, including, Non-Compete
Agreements, Non-Solicitation Agreements, Workplace Invention Agreements,
Confidentiality Agreements, etc.

Understanding what you may be entitled to
receive when you are terminated may be confusing. Click
here to schedule a time to
speak with Sheree Donath to discuss your employment situation and to obtain
guidance on your specific situation or if you believe you may be terminated
soon.