The Benevolent Boss: How civil behavior avoids civil suits

Posted on November 17, 2011 in Consulting

The easiest way to avoid employment-related lawsuits is to get the jerks out of the workplace.  Yelling, belittling, and demeaning behavior causes resentment and hostility that often leads to disputes and sometimes to lawsuits.

During this holiday season, when many people take time to relax and reflect, businesses should consider how they can increase productivity and decrease employment-claims by taking steps to control mean bosses.

It is not illegal to be a jerk, even at work. Yet, many people feel otherwise and will call a lawyer seeking to make a claim against the boss they hate and the employer who allowed the boss to be a jerk.  Employees often feel singled-out for hostility and come to the conclusion, rightly or not, that their color, gender, religion, or age, caused their supervisor to be mean.  When a male boss is demeaning and rude to a female employee it might not be so hard for the employee to jump to the conclusion that she is the victim of gender discrimination.

The callous boss also makes for a terrible witness should the company have to defend itself in court.  Likability almost always influences credibility in the eyes of a jury.  People want to believe what they hear from a witness who they like.  A company has little chance of winning when a jury hears stories that the boss yells, throws things, hits walls, or pounds the desk. 

On the opposite extreme, a benevolent boss is not necessarily easy going, forgiving of errors, or a pushover.  A boss that is too easy on subordinates hinders advancement and growth opportunities.  A good boss pushes his people to work harder, better themselves, and to take on new challenges. 

A benevolent boss motivates through constructive criticism, positive reinforcement and further understands that yelling and mean-spirited outbursts rarely lead to positive change.  More often, demeaning behavior distracts an employee from focusing on the task at hand and sets back a project as the employee tries to regroup emotionally following the outburst.

On a personal note, my best boss never engaged in any demeaning behavior, constantly pushed me to succeed, and was a constant source of encouragement.  I often describe him (Bob Bettac) as the best mentor a young lawyer could have wished for.  Consequently, I enjoyed working extremely hard and took pleasure knowing that he was gaining financial benefit from my efforts.  

Unfortunately, in some workplaces, the hard-charging boss who works more hours than anyone else, and makes more money as a result, feels empowered to yell and scream.  Some workplaces breed and encourage tough, “chew-them up spit them out” cultures.  Perhaps it does lead to financial gain, but it comes with a high price tag of potential claims and lawsuits that can be avoided if the jerk in the office is kept in check.

During this holiday season, take some time to consider how your workplace can become a better office environment.