Journal Facts

Journal
Journal of Workplace Rights
ISSN
1938-4998 (print) 1938-5005 (electronic)
Volume
15
Issue
2
Date
1/1/2010

Article Facts

Title
Specific Characteristics Distinguishing Winning from Losing: Litigated Workplace Bullying Cases
DOI
10.2190/WR.15.2.b
Authors
  • Yvette P. Lopez
  • Helen Lavan
  • William Marty Martin
Pages
135-149
Online Date
01/23/2012

Article Links

Specific Characteristics Distinguishing Winning from Losing: Litigated Workplace Bullying Cases

Yvette P. Lopez
Helen Lavan
William Marty Martin

DOI: 10.2190/WR.15.2.b

Abstract

The traditional thinking in employee relations is that victims of workplace bullying are not legally protected from consequences in the workplace. Individuals are bullied and have no specific, legal recourse. However, 522 cases dating from 2006 to 2008 were analyzed using the terms "bully" or "bullying" and "employee." The source of the cases was the BNA database of litigated cases. The cases were examined to identify characteristics leading to case outcomes for victims of workplace bullying. The following were found to be statistically significant by a chi-square analysis: the National Labor Relations Act, the False Claims Act, state laws, and unfair pay. The results indicate that victims were better protected by state law than by federal discrimination laws.

Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.