Or can you? I recently went to a screening of Bully. While I have seen the documentary before, it is one I recommend everyone watch more than once. The teen focused drama is s sober reminder of the ramifications cruel intentions have on targets.
Having said all that, it is time I come around full circle. I was having a discussion with a co-worker. As we reflected on a particular situation, it was stated that you can’t fire someone for being an asshole. While workplace targets are not protected by law, why aren’t more organizations putting anti-bully language into their HR polices? Smart companies know it is more cost effective to retain employees you already have, as opposed to having to fill empty positions vacated by trained, knowledgeable, high performers. Happy employees, who feel appreciated and empowered generate greater sales, create happier clients, and are more productive.
HR polices protect a lot of individuals from a lot of “stuff”. Sexual harassment, derogatory slurs, graffiti, dirty emails, and any other repeated behavior that may be considered discrimination of some sort based on an individual’s race, gender, age, sex, national origin, disability, or genetic information. If these acts create a hostile work environment the acts become illegal. Please note, I am not a HR specialist, nor a lawyer. The point is this: my employer must protect me from a hostile work environment if the discrimination against me is because I am a member of a protected class. However, they don’t need to protect me if a hostile work environment is created because of a workplace bully.
36% of people in the workplace are affected by bullies. However, when the hostile work environment is brought to the attention of higher ups, or often HR, the answer seems to be nothing can be done. Maybe some conflict resolution techniques will be thrown out. Perhaps feedback will be given to someone…somewhere. But for the most part polices aren’t in place to protect the targets of bullying. As a result absenteeism increases, healthcare costs go up, productivity goes down, and turnover happens. The last statement should make HR and manager hearts beat a bit faster. It should cause palms to sweat.. just a little.
So, leaving the whole “it’s the right thing to do” aside, why aren’t HR departments fighting to protect all employee’s from a hostile work environment, despite whether or not the law requires it? There is a real monetary reason for why organizations should have anti-bully policies in their employee handbook. To replace an employee, it can cost up to 150% of the departed’s salary. I won’t even talk about the cost in lost productivity and the potential of lawsuits. Yet we still can’t fire an assohole? If conscience isn’t reason enough to look at anti-bully policies the cost alone should make this a no brainer policy for every organization.
As HR and GM of 20 years I’ll weigh in.
You can fire someone with or without reason period As an employer you may or may not pay anything.
Bullying or being an ahole, as you described, is easy to fire. In fact, I’ll be doing that tomorrow and the day after. If you have documentation, witnesses, and statements it makes it a slam dunk. You take the bully ahole by the ear and walk him out the door.
In general, the cost is not a factor; which is what unemployment insurance covers. The fact that you’ve rid your employees of scumbag creates loyalty and better setiment between Mgmt and team members.
In any case, you don’t need any reason to fire someone as long as it’s not protected and you accomplish that with documentation.
Carlos, what advice would you give people who have strict HR polices and their department won’t let them fire due to an unclear violation in policy.
Appreciate your comment!