34 of 35 people found the following review helpful
SOME PROBABLE LEGAL REMEDIES FOR MOBBING IN THE U.S.,
This review is from: Mobbing: Emotional Abuse in the American Workplace (Paperback)
This is an excellent book that came way too late for me personally. Because when I read it my personal tragdey had already run full circle. Forget the false modesty--I think I know enough to write an EXCELLENT book myself about the subject.
I have been a victim of some of the most VIRULENT workplace mobbing several times and it can affect you for the rest of your LIFE! At the very minimum it could take YEARS to recover. And for those of you who think this is an exaggeration maybe it is due to you being FORTUNATE ENOUGH not to have ever been a VICTIM of this sort of ORGANISED MALICE.
But many think, unfortunately, that because there are no specific laws in the US on mobbing in paticular that their at a loss to do anything about it legally, which is untrue. You have to ATTACK the problem through different LEGAL THEORIES until Mobbing Laws in the US are available.
You may not be able to bring a case against a company under the MOBBING THEORY now as it exists in other countries BUT you do have LEGAL OPTIONS DEPENDING ON YOUR SITUATION AND THE GUIDANCE OF AN ATTORNEY:
(1) In the U.S. you can sue under the theory of NEGLIGENT HIRING AND SUPERVISING PRACTICES (U.S. Tort) because once management knows that you are being HARRASSED (a.k.a being INJURED BY THEIR EMPLOYEES!) they have a LEGAL obligation to do something. If they don't, and ESPECIALLY IF MANAGEMENT PARTICIPATES IN THIS MISCONDUCT, you may also be able to sue for OUTRAGEUOS CONDUCT (U.S. Tort) as well due to their failure to act and participation in such US Torts in the workplace.
(2) In some cases you may be able to sue the individual mobbers for OUTRAGEUOS CONDUCT because this kind of malicious behavior--which generally takes place over a long period of time--falls under the tort of OUTRAGEOUS CONDUCT in the U.S.
(3) In some instances of workplace mobbing you may have a case for LIBEL AND SLANDER. Especially when people are maliciously lying about you and other's join in to deleberately support such false accusations intended to make your life miserible.
(4) CONSPIRACY(both civil & criminal) is often another U.S. tort that shows up in the mobbing of an innocent competent employee. Mobbing is a highly organized form of malicious harrasment that requires that at least TWO INDIVIDUALS participate in an "malicious organized plan" with the intent to harm an innocent person and may very well fall under US Tort of CONSPIRACY when at least ONE PERSON acts in a way that furthers the goals of harrassing an innocent person.
(5) In some jurisdictions in the US you may be able to sue for PRIVATE or PERSONAL NUISANCE. Mobbing is often intrusive, and it is meant to humuliate,embarrass and to make others highly uncomfortable and insecure in their work environment on a daily basis. This kind of mobbing behavior may fall under the US Tort of PRIVATE or PERSONAL NUISANCE.
(6) You can also sue for punitive/explemplary damages for any WILLFUL & MALICIOUS CONDUCT you had to endure. This serves as an additional penalty by the court to punish the wrong doers and to discourage this sort of behavior in the future. In some instances you may be able to get up to 3 times the amount of all you damages for punitive/explemplary damages if the Defendant's behavior was outrageuos enough for the court.
(7) You can also sue for any PERSONAL INJURIES that usually results from STRESS and SEVERE TRAUMA (EMOTIONAL DISTRESS) along with any ASSOCIATED MEDICAL BILLS and as well as future treatment for recovery.
(8) You can add PAIN AND SUFFERING as damages (This includes things like the Physical, Emotional & Phychological Manifestations of acute stress, axiety, and emotional trauma: non-cardio related chest pains, skin erruptions, gastrointestinal problems,head-aches, teeth grinding, hypervigilence, hyper-sensitivity, crying, fatigue, hyper-sonamnia, insonamnia, loss of appiete, weight loss, weight gain, hair loss, crying, severe depression, thoughts of suicide,confussion, memory loss, fear, humuliation, social isolation, physical aches and pains, infections (due to your body's lowered immunity because overwhelming stress), menstrual difficulties, etc.)
(9) You can add LOSS OF ENJOYMENT OF LIFE as damages (mob victims generally suffer from clinical depression and severe trauma and usually this results in not enjoying anything anymore including activities once enjoyed with the family, and complete social isolation)
(10) You can add LOSS OF EARNING CAPACITY as damages (victims of mobbing generally have trouble functioning after such horrible psychological abuse and often end up disabled see #8 for just a few examples)
(11) You can add FUTURE PAIN AND SUFFERRING as damages (pays for the cost of future treatment for clinical depression/trauma/ptsd, etc. due to mob related injuries.)
(12) PLUS request the court to grant PRE and POST JUDGEMENT INTERESTS FOR ALL YOUR DAMAGES.
(13) You can also sue for AGGRAVATION OF PREEXISTING MEDICAL CONDITIONS if you have a condtion that is being treated or was under control, but has since become FAR WORSE or INFLAMED because of the abuse caused by mob related harrassment. Lookup "THIN SKULL RULE" which most states in the US apply in these types of cases.
(14) Here are a few other US torts that may apply if you are being mobbed in the US: Assualt (physical, sexual, verbal abuse--using excessive use of foul language and personal insults against an employee); Hostile Working Environment; Discrimination (age, race, disability, etc.); Wrongful Discharge; Misrepresentation; Reckless Infliction of Emotional Distress (Gross Negliegence); Negligent Infliction of Emotiional Distress (Negligence)--When I can think of more I'll post more! :)
(15) TOXIC PEOPLE: LOOK UP INFORMATION ON "TOXIC PEOPLE" AND LEARN TECHNIGUES ON HOW TO DEAL WITH THEM. THIS WILL HELP YOU TO HANDLE YOUR SITUATION IN THE MOST PRUDENT MANNER WHEN YOU LEARN ABOUT "TOXIC BEHAVIOR" AND HOW TO INTERACT WITH IT.
(16) AVOID BECOMING A "TOXIC PERSON" YOURSELF. MOBBING IS A HORRIBLE EXPERIENCE AND IT IS EASY TO BECOME DISCOURAGE, NEGATIVE, AND BITTER. JUST REMEMBER TO KEEP THE BLAME WHERE IT BELONGS: ON THE MOBBERS.
(17) TORT LAW. In TORT LAW you may sue for as MANY TORTS THAT APPLY'S TO YOUR INDIVIDUAL CASE. JUST BE SURE YOU MEET YOUR STATE'S REQUIREMENTS FOR ANY TORTS YOU THINK APPLIES TO YOUR PARTICULAR SITUATION BEFORE YOU TAKE LEGAL ACTION. EVERY TORT HAS "SPECIFIC" REQUIREMENTS THAT YOU HAVE TO MEET!
SOME OF THESE TORTS LISTED IN THIS REVIEW MAY FALL UNDER A DIFFEERENT NAME IN YOUR STATE.
(18) GET ANOTHER JOB. IT IS ALWAYS A GOOD IDEA TO LOOK FOR ANOTHER JOB RATHER OR NOT YOU TAKE THE LEGAL ROUTE ESPECIALLY IF YOUR NOT WORKING FOR A BIG COMPANY/CORPORATION OFFERING GOOD BENEFITS WITH AN HR DEPARTMENT WILLING TO LISTEN TO YOU.
(19) LEARN THE LAW. Do your homework--go to a LAW SCHOOL LIBRARY and make friends with the best librians there and find out what the courts need in order for you to bring about a civil action based on one or more of these US torts.
(20) BUILD A CASE (COLLECTING EVIDENCE). Talk to a good attorney who specializes in workplace harrassment/violence/personal injury. Keep meticulous docuementation of every single thing going on: Date, time, place, who, what was said or done, and HOW it was said or done. SNEAK IN A SMALL DIGITAL VOICE RECORDER IF YOU NEED TO. Without threats, quietly start and keep a writen coresspondance with management about all of your work assignments and what's expected of you and how you will accomplish the task and keep copies of such WRITTEN COMMUNICATION on file. WRITING THINGS DOWN HELPS TO KEEP THINGS STRAIGHT, and if not you'll have a WRITTEN PAPER TRIAL FOR THE COURTS!
If you have one, KEEP your attorney informed and mail copies of your docuementation RELIGIOUSLY!!!! And send such docuementation through CERTIFIED MAIL ONLY!Collect as much evidence as you possibly can just in case you DO end up in court. Be sure to visit your doctor and/or pshycatrist and/or psychologist to treat stress related illnesses so that you can establish medical records necesarry to support these claims. DON'T ISOLATE YOURSELF IF YOU ARE SEVERELY DEPRESSED!!!!! Take a medical leave for psychological distress if you need to to get some space from the situation. Depending on your situation it may be wise to look for another job. And, hey, don't be afraid to PRAY! Even if your athiest, try it! We've got some very wicked people in this world and mobbing is that SERIOUS! :)
(21) ATTORNIES: IF YOU DON'T HAVE AN ATTORNEY OR ARE HAVING TROUBLE FINDING ONE, ESPECIALLY ONE WHO'S FEES ARE REASONABLE (NOT EVERYONE CHARGE'S $400+ AN HOUR) CONSULT THE "MARTINDALE HUBBLE DIRECTORY OF LAWYERS" OR YOUR STATE'S "BAR ASSOCIATION."
IF YOU "BUILD" A STRONG ENOUGH CASE FOR YOURSELF (EVIDENCE! EVIDENCE! EVIDENCE!) THEY MAY TAKE IT ON A CONTINGENCY BASIS JUST IN CASE YOU ACTUALLY HAVE TO GO TO COURT. IT IS ALSO HELPFUL TO KNOW THAT MOST CASES ARE SETTLED OUT OF COURT. WHEN A DEFENDANT'S INSURANCE COMPANY FEELS THAT YOUR CASE AGAINST THEIR CLIENT IS TOO STRONG, THEY'LL GENERALLY INSIST ON IT TO AVOID HAVING TO PAY OUT HIGHER DAMAGES.
YOU CAN ALSO REPRESENT YOURSELF. BUT HIRE AN ATTORNEY TO ASSIST YOU THROUGH "THE RULES OF CIVIL PROCEEDURE" REQUIRED THAT'S BY YOUR STATE. THIS WILL REQUIRE MORE EFFORT BUT WILL SAVE YOU MONEY AND HELP YOU TO AVOID MAKING MISTAKES THAT CAN GET YOUR CASE THROWN OUT ON A TECHNICALITY.
REMEMBER: BE PRO-ACTIVE! THIS REQUIRES EFFORT!!!!! NO ONE IS GOING TO CARE MORE THAN YOU. YOU OWE IT TO YOURSELF AND THOSE WHO LOVE YOU!
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Showing 1-10 of 13 posts in this discussion
Initial post: Feb 24, 2013 9:24:45 AM PST
thank you so much for your comment! very helpful
Posted on Feb 25, 2013 5:38:38 PM PST
Everything you just wrote is useless to those who haven't the funds and time to document all that, which probably applies to upwards of 90% of the population.
In reply to an earlier post on Mar 8, 2013 10:10:35 AM PST
Last edited by the author on Mar 8, 2013 11:03:13 AM PST
WRONG! I've been down this path enough to know that it takes BRAINS more than MONEY and TIME to protect yourself. And you need to know the LAW! How is taking the time to know the law USELESS?! Knowing the law will put you ahead of the game. And knowing how to apply it is both a PROTECTION and DOWN RIGHT SHREWD! Please state your case for a comment that really shouldn't have been made due to it's lack of insight. Because every individual case of work place mobbing is unigue, and victims can TAILOR this information in a STRATEGIC way that is MOST EFFECTIVE for their given set of circumstances. ONE SIZE DOES NOT FIT ALL IF THAT'S WHAT YOU'RE THINKG! AND THAT'S THE IMPRESSION YOUR COMMENT HAS LEFT. AND YOU DON'T NEED A HIGH POWERED $500 AN HOUR ATTORNEY FOR THIS. Just make sure you put together an airtight case for yourself. Granted, some jobs aren't worth investing this sort of effort. Like Dominos Pizza. But where the stakes are higher and you have a lot to lose--anyone, knowing the options, not willing to do put forth the effort to protect themselves and chooses to sit back and allow themselves to be trampled over is just plain LAZY!
In reply to an earlier post on Mar 10, 2013 8:13:25 AM PDT
In reply to an earlier post on Mar 10, 2013 9:03:29 PM PDT
Last edited by the author on Mar 10, 2013 9:47:32 PM PDT
FINE! Then be a BITTER HELPLESS VICTIM. And no one put a GUN TO YOUR HEAD to read or respond to this review! If you want to set back and do nothing and allow others to walk all over you that's your call! But I have fought and I have WON many mobbing battles! So you can't tell me NOTHING! Because I'm living PROOF it can be done. So stay a BITTER HELPLESS VICTIM! That's your choice.
And the mockery and name calling was immature and uncalled for considering the seriousness of this subject. And it's also IRONIC! REALLY REALLY IRONIC! Because name calling and mockery is what many people who get mobbed are up against CONSTANTLY on a DAILY BASES! So, if you didn't catch that, you are in no POSITION to call anyone STUPID--especially when your bringing that same type of behavior to me! Because when you do stuff like this, you're no better than the types of people being discussed in this book.
Regardless, Others can benefit from what I have written even if you feel you can't. So LEAVE IT THERE! A decent attorney would advise many of the same things I have written. And you can do alot of things yourself if only you had the intiative. So, although there are better options, you can be a BITTER HELPLESS VICTIM. It's your choice.
In reply to an earlier post on Mar 13, 2013 6:12:12 PM PDT
Last edited by the author on Mar 13, 2013 6:53:37 PM PDT
You have won nothing, you are simply a liar who does not value his/her time and doesn't understand the meaning of "pyrrhic victory." Winning empty battles are temporary satisfactions and can never be an achievement. Real achievements leave one with more than before, and with something one can call one's own. Spending your time trying to drag someone else down doesn't do this. Cooperating with others to this effect dilutes the so-called "victory" even more. Such "victories" of mobbers posing as victims leaves them with nothing achieved that they can call theirs. It is not even something one would want in one's autobiography or read at one's obituary.
In reply to an earlier post on May 16, 2013 10:34:29 PM PDT
[Deleted by the author on May 18, 2013 11:43:53 AM PDT]
In reply to an earlier post on May 17, 2013 11:39:26 AM PDT
Last edited by the author on May 17, 2013 2:32:10 PM PDT
I am so sorry for your loss. But these types of out comes do not apply to everyone which is what the other commentor was insisting on. It is true that each state deals with torts differently (some of the same torts can be under a different name from state-to-state). It is also true that mobbing is something that's difficult to protect yourself from. But it's also a mistake to assume that based upon your own experience that there's nothing "ANYONE" or "ANYBODY" can ever do to protect themselves. That this is just the way it will be for everyone being mobbed on their job. This simply is'nt true, which is my case. Also I stated that these were some "PROBABLE" (EMPHASISES) remedies to help a person protect themselves against mobbing. "PROBABLE" means "POSSIBLE." Not a "GARRANTEE" which this review NEVER claimed. Remember, everyone's situation will be different and in many cases it is simply best to find another job especially when the entire organization is toxic and dysfunctional. But if you're going to go the legal route notice that I stated that you had to "BUILD AN AIR-TIGHT CASE" for yourself by finding out what the courts need in order to bring about a lawsuit with some backbone to it before jumping in. It is your resposibility to count the costs before doing this. PLEASE NOTE THAT THIS REVIEW IS GEARED MORE TOWARDS PERSONS CONSIDERING GOING THE LEGAL ROUTE IF THEY HAVE ENOUGH EVIDENCE TO SUPPORT THEIR CASE.
The "MARTINDALE HUBBLE DIRECTORY" and your state's "BAR ASSOCIATION" are also a useful resources for anyone having diffculty in finding a good attorney who's charging "REASONABLE ATTORNEY FEES."
In reply to an earlier post on May 17, 2013 4:16:26 PM PDT
[Deleted by the author on May 18, 2013 11:43:40 AM PDT]
In reply to an earlier post on May 17, 2013 5:31:31 PM PDT
I'm sorry to hear this but it's not my fault. Please don't yell at me.