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What Now?! California Edition This site reports managerial and supervisory abuse in the workplace. It promotes and sustains ethical conduct and behavior from supervisors, managers, directors and department heads. We foster honesty and integrity in the workplace. We support the removal of managers and supervisors who do not treat you with respect and dignity. We promote and foster a culture of innovation and creativity in state government service. ELECTION FOR GOVERNOR Arnold has failed miserably. http://www.megwhitman.com/
Tresa
Baldas - The National Law Journal Currently, 11 states are considering legislation that would give victims of abuse like taunting and yelling the right to sue for damages. They are Connecticut, Hawaii, Kansas, Massachusetts, Missouri, Montana, New Jersey, New York, Oklahoma, Oregon and Washington. Under current federal and state laws, abused employees are only allowed to sue claiming some type of discrimination, such as race, sex or age discrimination. Should employers be nervous? Absolutely, say labor and employment attorneys, especially if companies consider a recent poll that found that a majority of Americans want the right to be able to sue a mean boss who taunts or bullies them. That poll, lawyers note, coupled with the proposed legislation should be a wake-up call to corporate America to get abusive bosses under control. "If they don't get a handle on this in a proactive way, the legislatures and courts will take over," said labor and employment attorney Stephen J. Hirschfeld, CEO of Employment Law Alliance, a network of labor and employment attorneys that largely represent employers. "I don't happen to believe that's in America's best interest. It'll open the floodgates to litigation," Hirschfeld said. LONG OVERDUE? Cliff Palefsky of San Francisco's McGuinn Hillsman & Palefsky, a plaintiffs attorney who represents employee rights, said the anti-bullying movement is long overdue. "There have been too many times when those kinds of people [abusive bosses] have been hailed as decisive, strong, take-no-prisoner types. They somehow get glorified," Palefsky said. "I think all of the publicity about workplace bullying is fantastic ... . It would be great if we could change the workplace without legislation, but it may be necessary." The alliance released the poll last month that found that 64 percent of workers believe an abused worker should have the right to sue to recover damages. The poll, based on a recent telephone survey of 1,000 American adults, also found that: ? 44 percent of employees have worked for a supervisor or employer who they consider abusive; ? 59 percent have experienced or witnessed bosses criticizing employee performance in front of co-workers. ? 50 percent have been personally insulted by bosses, or have witnessed such insults in the workplace. ? Southern workers are less likely to have experience with an abusive boss (34 percent) than are their Northeastern (56 percent) and Midwestern (48 percent) counterparts. Hirschfeld said the poll was conducted largely in response to the growing movement by states to regulate mean behavior in the workplace. Connecticut, for example, wants to outlaw "threatening, intimidating or humiliating" conduct by a boss or co-worker and would ban repeated insults and epithets. The proposal doesn't specify a penalty, but would only give workers the grounds to sue. New York's anti-bullying legislation targets malicious conduct by supervisors that hurts employees either physically or psychologically. Mental health harm could include humiliation, stress, loss of sleep, severe anxiety and depression. The bill also would punish retaliation of the complainant or anyone who helps the complainant. LEGAL HEADACHES ABOUND Several attorneys meanwhile, believe the proposed bills raise concerns about whether courts or juries should be allowed to regulate workplace behavior. "The Supreme Court, in making harassment illegal, made clear that you can't have a general civility code in the workplace," said Mark Cheskin, head of Washington-based Hogan &Hartson's labor and employment practice in Florida. Having said that, however, Cheskin noted that abusive bosses are already creating legal headaches for employers. He said that he's seen an uptick in discrimination cases in recent years. And in most cases, an abusive boss is behind the allegation. "The abusive behavior gives the plaintiffs' bar what they need to work with," Cheskin said. "But most of the time, bosses are not as bad as the plaintiffs say." And the courts shouldn't be the forum for griping about a mean boss, said John Barry of New York-based Proskauer Rose's Newark, N.J., office. "A jury has to realize that they cannot be a super personnel, human resource committee," he said, citing several court opinions that discuss regulating workplace behavior. Among the cases was a 2nd U.S. Circuit Court of Appeals 2001 ruling, which held "[The court's] role is to prevent unlawful [employment] practices, not to act as a super personnel department that second guesses employers' business judgments." Alfano v. Costello, 294 F.3d 365, 377. Barry believes the proposed anti-bullying bills are "ripe for abuse" and will expose employers to unnecessary litigation. For example, he said, employees who can't handle valid criticism from supervisors could interpret it as harassment or bullying. "How is a manager supposed to react in those circumstances?" Barry said. "It can turn into a slippery slope very quickly." Attorneys note that there is very little case law in the area of bullying. One landmark bullying case is an Indiana 2005 case in which a heart surgeon was ordered to pay $325,000 after allegedly screaming at and lunging toward an employee following a dispute. But in December 2006, an appeals court overturned the verdict, claiming the evidence of assault was thin and the depiction of the defendant as a bully was misleading to the jury. Doescher v. Raess, 858 N.E.2d 119 (Ind. Ct. App. 2006). Subject:
Contra Costa Times: Controller to audit PUC after Times story The
state Controller's Office will audit the California Public Utilities
Commission's debt collections systems after the Times reported that
$33 million in fines, mostly levied against telecommunication companies
for consumer protection law violations, have gone uncollected since
1999. View full story below:
Forwarded message
Ms. Laura Dancer This is to inform you that the Concerned Staff Committee directed me to state that the appointment of Paul Clanon to be Executive Director of the California Public Utilities Commission is improper because it violates several government codes, and also it is inconsistent with the State of California Fair Employment law. I have researched the various California Codes that govern the classification of Executive Director position, and it is evident that required legal and lawful practices were not followed. I know that you are new at the CPUC, and I am assuming you have not done or exercised due diligence so that you can be on guard to protect your professional integrity and competence. There are too many dishonest characters there. So you have to be careful. I googled your name, and I can tell that you are the best person for that HR DIRECTOR JOB. I spoke (phone) briefly with you Tuesday, and you explained to me that the appointment was proper and you cited what you perceived as the enabling PUC CODE for the exercise of the decision. You were recently appointed, and I believe you did not know what was going on. This
is how I plan to proceed: Please
conduct your own independent investigation and see what you discover. Yaya
Fanusie, PhD To
Governor Schwarzenegger Dear Governor Schwarzenegger: Subject: Improper appointment of Paul Clanon to Executive Director of the California Public Utilities Commission The Concerned Staff Committee of CPUC and What Now?! Newsletter would like you to direct President Michael Peevey to immediately rescind the appointment of Paul Clanon to the position of Executive Director of the California Public Utilities Commission. We urge you to prevent Paul Clanon from assuming the position on May 01, 2007. It is our position that the relevant California Government Codes governing the appointment process and procedures were not followed but were deliberately ignored. Peevey did this four years ago when he appointed Bill Ahern as Executive Director and we asked you to remedy the situation. The
vacancy was not announced so as to allow other qualified candidates
within the Commission and outside to compete for the position. We
believe this is not a mistake or display of incompetence by President
Peevey. This conduct is a deliberate decision to bypass/violate
the employment laws, rules and government codes of the State of
California. Such acts should not be acceptable to you. We have suggested
to you in the past that you need to focus on the top mangers of
the bureaucracy and fire the incompetent and dishonest managers
and leaders of various state agencies. We expect that you would follow the required government code required punishment for such violation. We have not cited the relevant government codes because we want the relevant managers at the CPUC to do the ‘homework”. And report their findings to you. Also, the State Personnel Board should be asked to get Peevey and CPUC MANAGEMENT to comply with civil service laws, California Government Codes and the Federal and State Fair Employment laws and regulations. Sincerely, Yaya
Fanusie, PhD What
Now?! Newsletter
Dear EDD STAFF: We need your help! Give us information about your managers and supervisors that are mean to you. That disrespects you on the job. That does not take your suggestions on how to do the job better. Describe to us how they act that makes you not want to come to work. Are promotions fair? Have you seen activities of waste of resources? Did you tell your supervisors? What did they do? Are you happy to be at work? We need the information to compile a report we want to give to the Governor Arnold Schwarzenegger. We want all managers and supervisors who are bad and incompetent fired or demoted. Please help us. You can make the change in your worksite. Yaya
Fanusie, PhD State
Employees • Supervisory and management abuses? WORK IN PROGRESS 2007 For Distribution To EDD EMPLOYEES: The Concerned Staff Committee of the Employment Development Department is investigating the allegation that the recent deaths of two employees of the Department were the results of stressful working condition(stressors) created by managerial and supervisory abuse. This perception is endemic in the department cause by having managers and supervisor with rudimentary people skills, zero-trans-cultural knowledge, and zero ability to lead and manage diverse knowledge workers who are more educated and far more professionally competent than the managers are. What Now?! is working on this investigation and we intend to contact the Governor, Arnold Schwarzenegger about our information obtained. We need help from you! We
need past and current employees of EDD to contact us or send us
tips/information about conduct and behavior of managers and supervisors. Tell us what you know and witnessed about the following managers:
We will keep your identity secret. We will investigate every tip we receive and pass it on to the governor. Please help us change the oppressive conditions widespread in the EDD worksites. You must work in a fear free workplace. Yaya
Fanusie, PhD Make copies and distribute to your co-workers. What Now?! is investigating-work in progress-the following and the reports will be published.
Letter to Arnold Schwarzenegger Letter to Arnold Schwarzenegger 2 Report to Arnold Schwarzenegger Harrassment, Retaliation and Discrimination Continues California Public Records Act August 2006 Request Jennifer
Ann Bower Jennifer: About The America What Now Website A Letter to Arnold Schwarzenegger San Mateo County Times Endorsement Regarding meeting with Rich Clark on Jan. 30th Whistleblowing Act Information. Public Records Act Request, STR 1021 Re: Public Records Act Request Whistleblowing Act Information no.2 Public Records Act Resquest no.3 CPUC Bureaucracy- A reminder to Executive Director Stephen Larson-Resent on September 24, 2005 website www.americawhatnow.com Patrick Mcdermott: You are now an object of interest to me Modified Phone access from the Public to License Section "Declaration" at the Executive Director Improper activities and misuse of State Funds by Haji Jameel Name of Staff Attorney assigned to Human Resources Division Public Records Act Resquest no.4 Copy of letter sent to Bob DeGroot on 8-8-05 State Controller-Westly-10-30-05-public records act request 2005 Articles General
To Steve Larson
Unprofessional Management Conduct
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