The Angry Boss

I have read several posts recently about bullying in the legal profession.  I have certainly witnessed co-workers being bullied in the legal workplace and in my case, I was directly the subject of bullying many years ago.    In my situation I was a newly called lawyer.  My employer kept all the lawyers at his firm under his control and would demand our attendance at meetings late into the evening at which time he would shout at each of us, accusing us of stealing his money, taking long lunches, being incompetent.  When I arrived at the office in the mornings I would find notes on my desk from my employer with demeaning statements.   I quit after only 2 months.  In another work situation, the head of the department, would choose one lawyer at a time to belittle. One of the lawyers was brave enough to complain to HR, to the Human Rights Commission and initiated a lawsuit.  The result was not made known as it was settled and as part of the settlement there was a non-disclosure agreement.  In another situation, a recall a law clerk in one of the offices I worked at being sick to her stomach each morning because of the stress of working for a very demanding and belittling lawyer.  She continued to work for him because she needed the money.  Having a disagreement with your employer or a co-worker does not constitute bullying.  Being overly sensitive to criticism or over- personalizing conduct must be outrageous, intentional and result in a provable illness for damages to be awarded for constructive dismissal. Employers are responsible for ensuring a safe work environment and civility.   Employers should be mindful of the fact that they could be held liable for the acts of their employees in this regard. 

 Employers owe employees a safe and harassment free work environment.  Suing for damages is one option.  However, it is very difficult to sue your employer as it must be proved that the conduct was outrageous to the ordinary person, that it was intentional and that it resulted in a provable illness.  A court may require psychiatric or psychological evidence of an illness.  It must be proved that the employer’s conduct passed so far beyond the bounds of reasonableness that the employee found continued employment to be intolerable, thus resulting in a finding of constructive dismissal.  Yelling, degrading behaviour, name calling, making statements such as that the employee is stupid and incompetent are examples  of unacceptable behaviour constituting a claim for damages.  If an employer allows co-workers to persist in this behaviour then a claim can be made for damages against the employer and employee.