What about the tort of outrage or intentional infliction of emotional
distress..


On 10/31/12 1:11 PM, "Rosemary Hartigan" <[log in to unmask]> wrote:

> I agree with Robert that this is the most interesting aspect of this
> question.
> 
> I think this basic misconception about suing for actions one perceives as
> unfair also relates to the common misconception of the "litigious society"
> and the ease at which Americans can sue one another.   It's based on a
> misunderstanding of the role of law and the complexity of lawsuits.  This
> is one of the main misconceptions I address when teaching legal
> environment.
> 
> Rosemary
> 
> Rosemary Hartigan, J.D., M.A.
> Professor and Associate Chair
> Director One-Year MBA
> Business and Executive Programs
> The Graduate School
> University of Maryland University College
> 1616 McCormick Drive
> Largo, MD 20774
> Phone: 240-684-2484; 800-888-UMUC ext. 22484
> 
> 
> -----Original Message-----
> From: Academy of Legal Studies in Business (ALSB) Talk
> [mailto:[log in to unmask]] On Behalf Of Robert Bird
> Sent: Wednesday, October 31, 2012 12:56 PM
> To: [log in to unmask]
> Subject: Re: Workplace harassment?
> 
> What's most interesting, at least to me, is that the student at her
> husband apparently considered legal action against his employer seriously
> enough to consult with her professor.  This is evidence of what Pauline
> Kim explains as a "fairness heuristic," which means that 'what I believe
> is wrong must be illegal'.  The husband perceived his treatment is unfair,
> thought then it might be or likely was illegal, and considered taking such
> action.  More broadly, I suspect that many employees believe they have
> more rights than they actually possess.
> 
> Again, I'm totally speculating here, but they also didn't dismiss the idea
> of legal action out of hand because of the loss of goodwill it would
> create in workplace.  They seemed to under-emphasize the political and
> long-term consequences of threatening or filing such an action.  I suspect
> that even the threat of formal action would label the husband a 'sue happy
> pariah' by managers at his workplace.  At its worst, a lawsuit might
> follow him to subsequent employment.
> 
> At least to me, this is more interesting from a human workplace psychology
> perspective than it is a legal question of Title VII.
> 
> Robert
> 
> 
> -----Original Message-----
> From: Academy of Legal Studies in Business (ALSB) Talk
> [mailto:[log in to unmask]] On Behalf Of Kunkel, Richard G.
> Sent: Wednesday, October 31, 2012 12:38 PM
> To: [log in to unmask]
> Subject: Re: Workplace harassment?
> 
> Hi ALSBers,
> 
> Not every kind of boorish behavior in the workplace gets a legal remedy -
> only particular ones identified by statutes (Title VII) and common law
> (defamation, emotional distress).
> 
> The remedy for most boorish behavior comes from the marketplace.  Good
> employees (even those not harassed, but who object to harassment of
> colleagues) vote with their feet and leave for other jobs with reasonable
> bosses and co-workers.  Firms develop reputations as sweatshops or
> unfriendly to workers, and don't get the best quality applicants.  The
> market has ways of settling the score, eventually.
> 
> The best remedy for the employee is to find a better job in the labor
> market -- and upon leaving, to be sure that the HR manager and owner know
> the reasons for leaving, so that the boorish boss will have to take
> responsibility with the employer.
> 
> This option may be difficult in the current economy, so for the time
> being, the employee may conclude that a decent job with a jerk boss is
> better than a lesser job with a good boss, or no job.   Unfortunately, in
> that case, neither the market or the law provides a remedy -- and sadly,
> this is all too often the case.  Here, too, the market makes the firm
> answer for the boorish manager - it is unlikely that employees in such
> cases will strive to give their best effort, will have more absenteeism,
> medical issues etc.  Productivity will fall.  The firm with boorish
> managers will pay, eventually, in court, or in the market.
> 
> Rick Kunkel
> 
> -----Original Message-----
> From: DANIEL HERRON <[log in to unmask]>
> Reply-To: "[log in to unmask]" <[log in to unmask]>
> Date: Wed, 31 Oct 2012 12:08:08 -0400
> To: "[log in to unmask]" <[log in to unmask]>
> Subject: Re: Workplace harassment?
> 
>> of course....it is a wonderful talking point
>> 
>> On Oct 31, 2012, at 12:01 PM, "Kurt Schulzke"
>> <[log in to unmask]> wrote:
>> 
>>> To be clear, I did not say, "Yeah, go file a lawsuit." Only this:
>>> This situation may well be actionable under Title VII.
>>> 
>>> Admittedly, Title VII would be a tough sell on the basis of a single
>>> F-bomb. But further inquiry might yield additional details helpful to
>>> a Title VII action or something similar. Race, national origin, or
>>> age? Is this employee a whistleblower? Why did this employer blow up
>>> in this situation?
>>> 
>>> Whether a lawsuit is "worth it" is separate from actionability.
>>> 
>>> Kurt S. Schulzke, JD, CPA, CFE
>>> Associate Professor of Accounting & Business Law Director - Law,
>>> Ethics & Regulation Corporate Governance Center Kennesaw State
>>> University
>>> + 1770-423-6379 (O)
>>> + 1404-861-5729 (C)
>>> http://coles.kennesaw.edu/centers/corporate-governance/
>>> My research: http://ssrn.com/author=804023
>>> 
>>> 
>>> 
>>> 
>>> ----- Original Message -----
>>> From: "Lee Reed" <[log in to unmask]>
>>> To: [log in to unmask]
>>> Sent: Wednesday, October 31, 2012 11:30:51 AM
>>> Subject: Re: Workplace harassment?
>>> 
>>> How can these facts fit under Title Vll? Where is "race, sex, color,
>>> religion, or national origin"? Maybe if the manager doesn't cuss at
>>> female employees, but otherwise Title Vll doesn't apply to the husband.
>>> How about intentional infliction of mental distress, but only then,of
>>> course, if the facts shock the court as being way out of the ordinary
>>> and the husband can come up with a heart attack or other significant
>>> physical manifestations of the "ordeal."
>>> 
>>> 
>>> On Wed, Oct 31, 2012 at 11:14 AM, Herron, Daniel J. Dr. <
>>> [log in to unmask] > wrote:
>>> 
>>> 
>>> But.....given the fact pattern, is it worth it?
>>> 
>>> Dan
>>> 
>>> On Oct 31, 2012, at 11:09 AM, "Kurt Schulzke" <
>>> [log in to unmask] > wrote:
>>> 
>>>> In my view (not legal advice), the conduct described could well be
>>>> actionable as harassment under Title VII. See
>>>> http://www.eeoc.gov/laws/practices/harassment.cfm .
>>>> 
>>>> Kurt S. Schulzke, JD, CPA, CFE
>>>> Associate Professor of Accounting & Business Law Director - Law,
>>>> Ethics & Regulation Corporate Governance Center Kennesaw State
>>>> University
>>>> + 1770-423-6379 (O)
>>>> + 1404-861-5729 (C)
>>>> http://coles.kennesaw.edu/centers/corporate-governance/
>>>> My research: http://ssrn.com/author=804023
>>>> 
>>>> 
>>>> 
>>>> 
>>>> ----- Original Message -----
>>>> From: "Daniel Warner" < [log in to unmask] >
>>>> To: [log in to unmask]
>>>> Sent: Wednesday, October 31, 2012 10:39:48 AM
>>>> Subject: Workplace harassment?
>>>> 
>>>> 
>>>> 
>>>> 
>>>> Hi Colleagues,
>>>> 
>>>> 
>>>> 
>>>> I received the note below from a student. This situation doesn靖
>>>> seem to be sexual harassment; it seems more that the boss here
>>>> behaved like an obnoxious knucklehead. But boss being offensively
>>>> impolite, even using the F word, doesn靖 seem to me to be harassment.
>>>> The bit about the HR person being close friends with the boss is a
>>>> nice touch, but certainly typical in a small business.
>>>> 
>>>> 
>>>> 
>>>> I don靖 give any legal advice to students, certainly, but this
>>>> deserves the courtesy of a reply. What recommendations would you make
>>>> here?
>>>> 
>>>> 
>>>> 
>>>> Thank you. Here零 the note:
>>>> 
>>>> 
>>>> 
>>>> Today, my husband had an experience where his boss yelled and cussed
>>>> him out with the F word in front of four other employees, without due
>>>> cause.
>>>> 
>>>> This obviously upset him, but he simply turned around and continued
>>>> his work. He felt unsafe and, even though his boss apologized about
>>>> 15 minutes later, he still feels anxiety about going back to work
>>>> tomorrow. It's a small business and the HR
>>>> 
>>>> manager happens to be very close friends with his boss. The
>>>> situation is touchy and we were just wondering if this falls under
>>>> harassment laws and what the best way to go about addressing the
>>>> issue is. His options would be to talk to the HR
>>>> 
>>>> manager or the owner of the company. Do you have any suggestions or
>>>> advice?
>>>> 
>>>> 
>>>> 
>>>> Thanks again,
>>>> 
>>>> 
>>>> 
>>>> Dan
>>>> 
>>>> 
>>>> 
>>>> 
>>>> 
>>>> Daniel M. Warner
>>>> 
>>>> Professor, Department of Accounting
>>>> 
>>>> (Business Legal Studies)
>>>> 
>>>> MS 9071
>>>> 
>>>> Western Washington University
>>>> 
>>>> 516 High St.
>>>> 
>>>> Bellingham, WA 98225
>>>> 
>>>> (360) 650-3390