Reverse Bullying: When Subordinates Intimidate Their Managers

Although managers are typically well-trained on harassment, discrimination, and bullying in the workplace, reverse bullying – which occurs when subordinates are intimidating and defiant toward their managers – is a less-discussed subject. Sometimes, managers become unwilling or fearful to hold employees accountable for their actions, creating an unwelcoming work environment for everyone involved.

When reverse bullying occurs, staff members question why managers are not stopping the bad behavior. They may perceive these individuals as receiving special treatment due to their inappropriate behavior rather than being punished, no matter how many managers come and go. This negative favoritism continues to go unaddressed, which results in low morale, high turnover, and copycat behavior by other staff members.

Reverse bullying often takes the form of snappy comebacks and sparring behavior that managers may be unable to react to quickly enough. These employees attribute any efforts at correction to a personal dislike by their managers. They also may keep – or threaten to keep – meticulously written accounts of staff members and managers who they believe are trying to intimidate or take adverse action against them, citing the need to amass proof to support their impending legal action. They also may claim illegal discrimination is the reason that their managers are correcting their behavior or allegedly harassing them. Finally, these employees may take the preemptive step of complaining about a manager’s behavior to another superior before the manager can complain about the employees.

All too often, the manager fails to document the reverse bullying behaviors in writing, which leaves an employer with no evidence of the problems. Failing to take any action or to document the situation can be extremely problematic once the employer finally decides to address the employee. Instead, the manager must discipline the employee, document the incident, and involve the human resources department to take additional corrective action if the behavior continues.

For example, the manager should meet with the problem employee, always with a witness present, preferably the manager’s superior or a human resources representative. During that meeting, the goal should be to correct the objectionable behavior, whether it involves defiant, aggressive behavior, or keeping a “little black book” listing so-called evidence for future litigation purposes. Following the meeting, the manager should summarize the directives to the employee in writing and ensure that all meeting participants and human resources have a copy of the written summary. Meetings and written summaries such as these pave the way for progressive discipline should the employee’s poor behavior continue.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

 

 

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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