It’s an HR nightmare. A boss pressures an employee to lie, cheat, and steal as part of the job. Maybe that same boss also routinely yells and curses at employees or makes them work uncompensated overtime. There’s no excuse for it, but sometimes bosses behave badly, and they can do untold harm in the process. A survey from global recruiting organization FindEmployment recently shined a light on some unsavory situations employees have encountered. 
FindEmployment conducted a poll that found that 41 percent of workers surveyed reported that they have been shouted at by their boss in a work-related discussion. Twelve percent said they have been sworn at and verbally abused, and 8 percent said they have been blackmailed or threatened by their employer.
Workers in the poll also said they have had their pay cut without authorization, been made to work unpaid overtime, been forced to do their boss’ work in addition to their own, and been belittled by the boss in front of colleagues.
If all that weren’t bad enough, the survey asked the open-ended question, “What is the worst thing your boss has ever made you do in the course of your work?” The responses included:
- Overcharge a client so the boss could keep the extra.
- Lie on the company’s time cards.
- Lie to clients to protect the company’s image.
- Return to work the moment the employee was discharged from the hospital.
What’s HR to do?
When bosses or others get out of line, HR has a job to do to protect employees from abuse and employers from legal liability. When abusive situations come to light, “HR’s got to dig deep and figure out what’s going on,” Boyd Byers, a partner at Foulston Siefkin LLP in Wichita, Kansas, says.
If an employee complains about the boss, HR first needs to find out if it’s really the boss causing the problem, Byers says. Sometimes an employee may feel picked on or treated poorly, but the boss is doing a good job. “One of the challenges for HR is to decide whether they really have a bad boss problem or just that the employee doesn’t want to be held accountable,” he says.
Byers says every employer should have a harassment policy and reporting mechanism so that employees have recourse and employers can stop an errant boss who’s violating company policy or even acting unlawfully.
“It should be a given that the employer have something like that,” Byers says. “It should be something employees are comfortable with and know about the process.”
Training necessary
In addition to policies and reporting processes, HR needs to make sure everyone in a management capacity is trained on harassment, discrimination, wage and hour issues, and how the employer expects bosses to treat employees. Without regular training, it’s easy for a frustrated boss to cross the line into illegal treatment, so they need frequent reminders of the laws that protect employees.
Supervisors need to understand the major laws affecting the workplace such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Americans with Disabilities Act, and the Family and Medical Leave Act (FMLA).
One mistake Byers says he sometimes notices involves supervisors in organizations covered under the FMLA. Even though supervisors aren’t administering the FMLA, they need an understanding that they can’t hold protected absences against employees who take FMLA leave.
Particularly on evaluations, Byers says, supervisors may mark an employee down on dependability or another area based on absences. But it’s unlawful for employers to hold protected absences against employees or retaliate against them because of their protected FMLA leave.
When it comes to discrimination and harassment, supervisors should understand that company policy likely goes beyond the law, Byers says, and they should be well-versed in the reporting process.
Supervisors also need to understand that their responsibility goes beyond “thou shalt not do,” Byers says. Not only do they need to make sure they’re not discriminating, harassing, or otherwise mistreating employees, they’re also responsible for stopping bad behavior that they’re aware of even if they’re not the ones harassing or bullying employees.
Good leadership, good business
Byers says various studies have shown that having a boss who’s a bully has a harmful effect on a company. Leading through fear is “not the best way to motivate and energize your workforce,” he says. Instead, it’s more effective to motivate and inspire as opposed to bullying.
In addition to legal training, employers should provide good leadership training. Trained leaders will be able to hold employees accountable in an appropriate way. Bosses also need to be held accountable, Byers says, so employers should hold their managers to a higher standard than what is required by law.
“If a supervisor follows good practices, the legal training will take care of itself,” Byers says. “A lot of the bad-boss behavior will be dealt with if they just practice good leadership techniques.”