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.

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