Delaware Employment Law Blog

Work-life balance, toxic bosses, and generation gaps.  Three of our favorite topics at the Delaware Employment Law Blog.  They're also the focus of a Special Edition of Businessweek.  The magazine, on stands Monday, has a feature called Business@Work.  The workplace special report was created, really, by readers.  In surveys, blogs, and polls, readers talked about their top concerns at work and their strategies and practical tips for how they deal with it all.  The topics covered include, in addition to the ones above, how to stay creative and entrepreneurial in uncertain economic times, time management, and managing the bureaucracy of Corporate America.

There were lots of fascinating tidbits among the nine pages of text.  One of the main articles deals with the initiatives being taken by employers that focus on their employees' "happiness."   Go figure.  A "happiness initiative" is not necessarily a new idea.  After all, that's what employee benefits are, for the most part.  But some of the efforts being made by companies like Safeco, IBM, and BMW N. America, are new to me. 

How would your employees like the idea of being flown to Disneyland for the day--families included.  (If you like it enough to transfer, you'd want to apply at the L.A. office of law firm DLA Piper).  Or maybe you'd be interested in hiring a Chief Happiness Officer, who, if he's like the CHO at London ad agency, iris Worldwide, is in charge of managing regular pub crawls.  And for the academics in the group, there is happiness learning just around the corner.  Companies including Qantas and Sanofi-Aventis have called in experts to assess the emotional health of their employees. 

So are these "perks" really seen as perks by the employees who receive them?  Or does the fact that they occur during working time with coworkers and monitored by management make them any less enticing?

Workplace bullying has been a hot topic since the release of the 2007 Zogby survey, which showed that 49% of American workers report that they've been the target of a bully's bad behavior.  Employers have begun instituting tolerance training and implementing respectful-workplace policies.  Awareness is key in preventing this prevalent workplace disease. One way to make top management place value on eliminating jerks at work is to talk dollars.    

Bullying costs companies big money.  Here are some of the ways that your bottom line is directly affected if you fail to eradicate bullying at work:

1.  Targeted employees have higher absenteeism rates.  Wouldn't you?  When the workplace becomes increasingly intolerable and unpleasant, people stop coming to work. 

2.  Decreased productivity.  Those who do manage to get themselves into work are less productive.  They're nursing emotional wounds, meaning they're more likely to hide in their office than dare engage with others at the risk of being put on the firing range.  Stress-related illness is not conducive to high productivity, either.  If you don't feel well, you're not putting your best efforts into your work.

3.  High turnover.  Replacing an employee can cost a business up to 3 times that employee's yearly salary.  And dedicated, enthusiastic employees are not easy to find.  Yet, employees who are bullied at work will almost certainly leave.  Some leave because of their health.  Others leave because the bully has succeeded in sabotaging their reputation. 

4. Unhealthy Employees Are Expensive.  Employers have campaigned to rid the workplace of smokers, who are more costly to insure.  Obese employees may be next on the list.  But what about bullied employees?  Targets are affected with depression, anxiety, post-traumatic stress disorder, which is especially common with male targets, and other stress-related illnesses.  Physiological illnesses, such as headaches and backaches.

5.  Infected-Workplace Syndrome.  As devastating as these effects can be, they can, and likely will, get worse.  Bullies are infectious and contagious.  Other employees who witness bullying behavior feel sympathy for their coworkers and guilt for doing nothing about it.  They shrivel up, just like the target, in the fear that the bully will turn his or her anger towards them next. 

Workplace bullying is often seen as a top-down problem, with supervisors largely to blame for bullying their reports.  But bullying is also a lateral issue as seen in colleague-to-colleague harassment.  The conduct can even go up the chain of command--bullies don't tend to follow the rules that don't suit them. 

Colleague-to-colleague bullying can overlap with on-the-job anger known as "desk rage."  Although the two can include the same type of conduct, desk rage is generally considered a short-term or one-time outburst, whereas bullying involves a course of conduct repeated over a period of time. 

Desk rage has been in the news since a study released in July reported an increase in angry outbursts in the workplace.  Desk rage can take many forms--everything from the "silent treatment" and social exclusion, all the way to workplace violence, fall into this category.  The most common scenario involves abusive or threatening conduct such as cursing and screaming at another employee in the workplace. 

So why the increased hostility at work?  There are lots of reasons that this inappropriate conduct has become more common.

Is this conduct a result of tougher economic times?  Maybe.  It's certainly conceivable that employees who sit in an extended and difficult commute while shelling out more and more for gasoline, are on the edge by the time they get to the office. 

And employees facing financial difficulty at home are already under a high level of pressure.  As the safety net of financial security unravels, people begin to point fingers at others, blaming an incompetent or callous organization or leader. 

But the cause of desk rage isn't entirely economics.  Another reason may be generational. As older boomers enter retirement and the workplace becomes more populated by employees who are used to wearing their emotions on their sleeves. 

And who are the worst offenders?  Overachievers.  Type-A personalities with impossibly high standards tend to expect more than what is reasonable from others, as well.  Putting together the evidence, it appears that you are most likely to be spit on, cursed at, or slapped by that super-smart younger co-worker, right?

The healthcare industry can be characterized by some not-so-flattering statistics.  The industry has one of the highest rates of workplace violence, for example.  It is also known for fostering an environment that breeds distrust among co-workers and that acts as a petri dish of sorts for bullies and jerks.  That is, until now. 

The problem with bullies and jerks in healthcare is contagious.  Doctors, nurses, and other clinicians, who work in an environment where hostility is tolerated and where bullying behaviors are common, aren't the only ones paying a price.  For years, bad behavior among workers has been linked to medical errors. 

In his book, The No Asshole Rule, Bob Sutton discussed a study of hospital employees as evidence of this link.  The study looked at two groups of nurses and doctors.  One group was led by a jerk-doctor, the other by a non-jerk-doctor.  The researchers were surprised when they found that the first group (led by the jerk), reported a significantly lower rate of medical errors than did the happy, nice-guy group. 

So what was the deal?  Was the second group just too busy being nice to one another to pay attention to crucial medical procedures?  Or was the first group really more responsive to the reign-of-terror leadership style that the jerk doctor embodied?  Don't kid yourself.  The researchers soon learned that the first group had a lower reported rate of errors because they reported fewer mistakes--not because they made fewer mistakes. The second group, on the other hand, reported their mistakes without fear.  And the patients of the nice guys finished first after all. 

A 2004 study of workplace intimidation by the Institute for Safe Medication Practices (ISMP) found that nearly 40 percent of clinicians have kept quiet or ignored concerns about improper medication rather than talk to an intimidating colleague.  More than 90 percent said they’d experienced condescending language; nearly 60 percent had experienced strong verbal abuse and nearly half had faced negative or threatening body language.

The Joint Commission, though, is trying to put an end to these bullying tactics.  The Joint Commission is a national hospital accrediting agency, making it one of the few agencies with the power to effect real change.  Beginning in January, it will require hospitals to have implemented codes of conduct that define inappropriate behaviors and have plans for dealing with them.  This requirement is a recognition of the correlation between intimidating tactics and an increasing number of costly medical mistakes.  The Joint Commission's special Alert, Stop Bad Behavior Among Health Care Professionals, and corresponding report, Behaviors that Undermine a Culture of Safety, is packed with data and statistics that support the directive and is well worth the read for those who have an interest on the impact of Jerks at Work.

Bullies in the workplace cost employers a substantial amount of resources.  Work Happy Now had a great idea--an ombudsman to listen to your employees' complaints and act as an intermediary to help resolve conflicts.  The post explains the potential benefits:

An Ombudsman could help a company see mistakes from the employees’ point of view. Let’s say a company tries to restructure the organization, and perhaps an employee sees a potential problem, but they are afraid to tell management. Employees are more likely to see a different type of problem because they are closer to the day to day operations. For instance they might recognize that a group of customers could become neglected by the restructuring. This employee could voice his opinion to the Ombudsman without fear of being fired or discovered for his dissenting views.

This sounds like a great bully-fighting strategy, too.  Often, employees want to speak up about the bullying behavior of a Jerk at Work.  But, often, employees have been bullied into silence and are scared to report the bully for fear of retaliation. 

An ombudsman could eliminate those fears.  If employees felt certain that their reports would be kept in strict confidence and told only to the persons who could (and would) address the problem.  Is this a viable solution for employers to use in the counter-attack against bullies in the workplace?

 Other Posts on Jerks at Work:

Abusive Bosses Should Watch Their Backs

Are Bullies Beating Up Your Employees' Health?

Bullies In the Workplace is Water-Cooler Talk on Good Morning America

Bullying Can Be Physical . . . But Torture?

The Cost of Bully Legislation

Top 5 Lessons to Be Learned from the Jerk at Work

Workplace bullying

You Know You’re a Bad Manager When. . . Mutiny at the Post Office

Bosses Aren't the Only Workplace Toxins: What to do with toxic employees?

Employee Handbook Policy #502: Respectful Workplace

Everything You Needed to Know About Your Toxic Boss

Jerks-At-Work Expert Confirms Fridge Raiding Is #1 Worst Workplace Incivility

Although studies show that most workplace bullies are in a managerial or supervisory role, this is not always the case.  Employees who bully co-workers pose an equally dangerous threat.  Just as employees with a bully boss may feel like hostages, subject to the unpredictable whims of a tyrant, there are plenty of managers who feel the same way about toxic employees.

For supervisors who are facing the challenge of managing a Jerk at Work, there is an answer.  Here's a roadmap to get you started.

What

What behavior constitutes "toxic conduct."

Start by identifying what behavior is unacceptable.  Often, bullies are very subtle, leaving their targets questioning whether they are just imagining the abuse.  They may become very critical of others, try to take credit for others' work, seek approval or validation, or even sabotage interpersonal relationships by spreading gossip and rumors or creating internal conflict.

Why

Why do toxic workers engage in this behavior.

Bullies are often driven by their own insecurities.  They worry about their competence, popularity, or rank in the office hierarchy.

How

How can a manager retain her control when she's being bullied by a toxic employee.

There are three steps in dealing effectively with a bully in the workplace.  Supervisors must deal with herself, with the bully directly and with the bully's coworkers.

Dealing with yourself.  The trick here is that, as hard as it can be to address bullying behavior, by avoiding it, the bully is likely to gain more and more confidence in the effectiveness of bullying tactics and then expand the scope of his efforts. A big part of eliminating toxic conduct is to rally up the nerve to actually deal with it in the first place, especially due to how easy it is to ignore.

Dealing with Coworkers.  Supervisors should also foster an environment that encourages employees to report unacceptable behavior.  It's not uncommon for employees to be scared to "tell" on a bully colleague.  But speaking up is essential to send a message to others that they need not tolerate nor accept bullying behavior. 

Dealing with the Bully.  The first step is to talk to the bully directly about his behavior.  Be clear about what conduct will not be accepted.  Make certain that the employee understands what will and will not be tolerated.  And then tie those behaviors to real rewards and discipline.  And as tempting as it might be to take a hard-line approach concentrating on punishing the employee, it's often more effective to focus on rewarding positive behavior.  The employee may need to be motivated and challenged in new ways.  He may have come to a point where his work is no longer challenging enough, leaving him bitter, jealous, and resentful, with lots of free time to concentrate his energies on bullying conduct.

Toxic bosses infect the workplace and affect the workers in it.  BusinessWeek has been running a special series, Business at Work: Toxic Bosses.  The series focuses on the dangerous impact of what I call Jerks at Work. Bob Sutton, who is mentioned often on this blog, is one of the guest contributors. 

Dr. Annie McKee, Managing Director of Teleos Leadership Institute, is also a contributor.  McKee's post had a particularly important lesson I think is worth repeating here:

That’s one of the reasons why toxic bosses are so dangerous—their poisonous emotions cause us to sink to the lowest common denominator. Worse, when destructive emotions emanate from the most powerful amongst us, we catch the disease, then spread the pain. It’s not long before we live and work in an environment that is caustic, dissonant, and just plain miserable

McKee goes on to encourage workers with a toxic boss to try to resist the urge to fight back with equally toxic behavior.  I concur--enthusiastically.  As difficult as it can be, the most effective strategy is to channel our energies into maintaining a positive attitude.  We know how infectious negative emotions can be in the workplace.  It only takes one negative coworker to bring a rain cloud over the entire office. 

McKee says, pointedly, "Remember, the poison is his or hers, not yours! You have a choice about whether you mirror destructive emotions, moods, or styles." 

One way to do this?  Use the power of numbers.  Engage in your own campaign.  Gather the troops.  You are not the only one suffering at the hands of your toxic boss.  Make a pact.  If one of you is targeted, agree that the rest of you will rally around and fight back with positivity and support.

Fight back with positivity.

Earlier Jerks-at-Work Posts:

Jerks-at-Work Expert Confirms Office Incivility

Abusive Bosses Should Watch Their Backs

The Cost of Bully Legislation

You Know You're a Bad Manager When . . .

No Jerks Allowed, Catchy, Isn't It?

Respectful Workplace Policy

Top 5 Lessons to Be Learned from the Jerk at Work

Bullying Can Be Physical . . . But Torture?

Are Bullies Beating Up Your Employees’ Health?

Bullying in the Workplace is Water Cooler Talk on Good Morning America

The topic of "Jerks at Work" is one of my favorite. Why co-workers and bosses act like jerks.  Why employees don't get in trouble for being jerks.  What to do about a jerk at work.  And why employers should face jerks at work head on.  

Hand-in-hand with Jerks at Work is the topic of Workplace Etiquette--or lack thereof.  The sheer volume of workplace affronts workers must confront daily can be overwhelming.  Not to mention the incredible variety of crude, rude, and downright discourteous conduct in the workplace is alarming. 

I posted earlier in the week about a report from The Ladders.com about which of these numerous breaches of office etiquette employees took most personally.  I was surprised to learn that the #1 most offensive exhibit of bad manners is lunch theft!  That's right, your coworkers just cannot, will not, shall not, tolerate the extraordinary disrespect they equate with the office refrigerator raider.  Apparently, across the country, rogue employees, surely outcasts of mainstream office-worker society, are sneaking into the closest kitchenette and snatching your left-over lasagna.  (See my earlier post, Put Down the Brown Bag and Back Away From the Lunch).

According to a post earlier today, An Anti-Rudeness Warrior On Handling Jerks at Work, by Tom Weber at the WSJ Blog, there is an "expert" who can speak to both issues--Jerks and Lunch Theft!  Dr. P.M. Forni, author of The Civility Solution and Choosing Civility: The Twenty Five Rules of Considerate Conduct, has started a campaign of sorts to convert the Jerks of the world to conduct themselves with a bit more respect.  You can read all about his mission at the Johns Hopkins website devoted especially to Civility.

But, much to my delight, in Weber's interview with the Doctor of Do-Right, he concurs that the severity of the "sandwich situation" has really gone too far.  He gives the following advice to help us cope:

Buzzwatch: What’s the most common workplace rudeness question you hear?

Dr. Forni: At the very top of the list, a common act of incivility is that of taking credit for other people’s work. At the top of some other lists is the person who takes food from the office refrigerator, or takes a bite from another person’s slice of pizza in the office fridge and then puts it back. That’s not to be taken lightly, but I don’t think it’s as egregious as taking credit for someone else’s work.

Buzzwatch: How would you handle that?

Dr. Forni: Depending on how egregious it was, I would start with the culprit. I would say, give the culprit some benefit of the doubt and say, “You failed to mention that a good part of the report was done by my office under my direction. It was a collaborative effort and I think the boss had the impression instead that the bulk of the work was done by your group. I think we should rectify that impression.” The burden is on that person to send an email to the boss with a carbon copy to you.

If the culprit is reluctant to set the record straight, then you go one rung up the ladder and you explain to the supervisor what happened and say that you owe it to yourself and to your team that she, the boss, know exactly how the plan came into being. You do this without being judgmental about what the colleague did, without using harsh words, without revisiting in a blaming way what your colleague did or did not do. Stay focused on the issue that this is the version of the facts that the boss needs to hear.

Source:  An Anti-Rudeness Warrior On Handling Jerks at Work

When I do employment law training and seminars, I solicit feedback from participants with a questionnaire.  One of the questions is what other topics are of the most interest to audience members. Recently, I've seen a surge of requests for employment law seminars on How to Create Employee Manuals. Because I aim to please, I'll be conducting a seminar on the topic in October.  But, to hold you over until then, I thought readers might appreciate some posts on specific handbook policies. 

Given the recent movement against Jerks at Work, we get more and more requests from clients for a Respectful Workplace policy for their employee manuals.  These types of policies have significant flexibility depending on the level of the organization's commitment to eradicating jerks in the workplace. 

Here are some pointers for crafting a Respectful Workplace Policy:

Start Here.

The golden rule for these types of policies is to start with a hard look at the values, both written and unwritten, of your organization.  The worst thing to do is to craft a policy that is totally out of line with your company's everyday practices.

Don't overpromise and don't overhype the company's commitment to a respectful workplace.  Employees aren't fooled that easily and they'll resent you for thinking otherwise.  If you implement a comprehensive policy, be prepared to stand by it and hold employees and management accountable.

Be Specific. 

As easy as it is to create policies in the abstract, a policy needs specifics in order to be effective or enforceable. The word, "respectful" is a start but use words with more concrete meanings.  Better yet, give examples of what is and is not considered respectful behavior. 

As a matter of course, all such policies should include anti-retaliation language that assures employees that there will be no retaliation for reporting incidents that the employee believes are in violation of the policy.

A Respectful Workplace policy often can be incorporated into an anti-harassment policy.  But if you choose to combine the two, be sure to differentiate one from the other.  In other words, harassment is illegal and will not be tolerated.  Disrespect, on the other hand, while not illegal, is destructive to the overall health of the organization and, therefore, will not be tolerated.  Be sure to separate the two.

Carry a Stick. 

Policies of any type are useless unless they include an enforcement mechanism.  Spell out what consequences there are for violations of the policy. And don't limit yourself to disciplinary consequences.  It's a good idea to identify the social consequences that behavior like gossiping, making snide remarks, and purposefully excluding coworkers can have on the team as a whole.

Make it a point to put responsibility on everyone with mandatory reporting.  If one coworker sees another gossiping or otherwise undermining another, make it their responsibility to report the conduct--either by going to HR or management, or by "calling out" the gossiper directly. 

Supervisors who manipulate employees may just have what's coming to them.  According to a new study, a surprising number of employees commit acts of sabotage against their bosses. 

A study from the University of New Hampshire found that approximately 20% of employees admitted to engaging in underhanded tactics in an effort to make their boss look bad.

Some did it as a way to seek revenge.  Making their supervisors appear to be incompetent, foolish, or oblivious is a way to inflict punishment.  Embarrassment is a technique employed by those who cannot "fight back" outright--or at least not without the risk that they'll be disciplined or fired. 

Others were more calculated, using backstabbing as a way to get around a boss who might otherwise block them from career success. Goal-oriented retribution, you could say. 

To accomplish these "goals," employees reported to spreading false rumors and trying to sabotage their bosses' work. 

The researchers concluded that abusive bosses were the targets of this conduct.  Not surprising, considering the suffering that a Jerk at Work can impose on a colleague, coworker, or direct report.

Related Posts:

You Know You're a Bad Manager When . . .

Top 5 Lessons to Be Learned from the Jerk at Work

"No Jerks Allowed" . . . Catchy, Isn't It?

Bullying Can Be Physical . . . But Torture?

Are Bullies Beating Up Your Employees’ Health?

The Cost of Bully Legislation

Bullying in the Workplace is Water Cooler Talk on Good Morning America

Source: Abusive bosses invite retribution, Study: Angry workers burn supervisors (The News & Observer)

Good management is learned.  No one is born a good manager.  But we learn as we go. Well, at least some of us do. Others maybe haven't gotten that far.  And how do you know which one of the two categories you're in?  For one Post Office manager, the signs are pretty clear.

Earlier this month, about 100 postal workers put up a lively picket line that stretched half a block long.  And what were they protesting?  Their boss.

That's right, the employees had established an informational picket demanding that an abusive supervisor be removed.  Their signs read, "Ron Malig Is Hostile and Cruel," "It's Impossible to Work With Ron Malig."

A press release issued by the picketers read: "His behavior there was chronically abusive and resulted in numerous grievances and EEO complaints and a petition to Congressional representatives."

I think it's safe to say that Mr. Malig could use some additional training. 

Source: San Francisco Indybay.org, "San Francisco Postal Workers Call for Removal of Abusive Boss."

The Jerk at Work.  We all know him.  We all avoid him.  And we really hope we never end up like him.  Instead of hoping, here are the Top 5 Lessons to Be Learned from the Jerk at Work.

Lifehack.org says that there are at least seven lessons employees can learn from a bad boss. 

It just so happens that I agree.  Each of the lessons can be learned from watching a mean boss, a/k/a The Jerk at Work.  All of the lessons can be boiled into one fundamental principle of management:  Know who it is that you want to be and know who it is that you don't. 

Any employee who has had to endure the nightmare of the Jerk Boss surely will attest that, after having that experience, they never treated others in the same way.  Witnesses of jerk behavior, if removed from the environment before becoming jerks themselves, appreciate the value of kindness, courtesy, and gratitude.  They were starved for it and have no desire to starve others.

Adapting the seven lessons, here are my Top 5 lessons to be learned from the Jerk at Work.

• Being a jerk is a lot of work.  Extra work.  Nice people get their way with much less effort. 

• Coping mechanisms can be lethal.  When a targeted employee realizes that it's not this fault, he gets mad.  Unable or unwilling to engage in a true showdown with the Jerk, he resorts to secret plots of sabotage. All the while feigning the smile of the loyal employee.  Being hated is not beneficial to your career. But being hated so much that others in the workplace actually look for ways to harm you--that is more like career suicide.

• Once a liar, always a liar.  Jerk bosses tell lies to get their way.  Fool me once, shame on me, fool me twice, well, you know how it goes.  After being duped a few times, an employee will withdraw her trust permanently. No matter what the Jerk says or pleads, he will not be trusted.  Don't tell lies.  And definitely don't tell them to the people upon whom you rely.

• Jerks at Work are bad for productivity.  Jerks cause decreased creativity and innovation, the near elimination of successful team collaboration, increased sick time and overall, disengaged employees.  None of these are good for business.  And, what's worse is that these problems will expand over time. 

• Stubborn self-perceptions lead to failure. It is indisputable that innovation, which leads to change, is the way success is born.  It is not until you do something different than everyone else that you can get noticed or begin to break away from the pack.  Jerks are always right.  And when you are always right, change is the enemy.  No change, no growth. 

And one bonus:

• Just look at him (or her).  The Jerk is just plain awful looking.  Face it, they're not getting a whole lot of time at the beach this summer.  If they left the office they'd have no one to pick on and, [gasp!] someone might just pick on them.  The life of the Jerk is no life at all. 

Delaware attorneys are not strangers to civility. In 2003, the Delaware Supreme Court and the Delaware Bar Association promulgated the “Principles of Professionalism for Delaware Lawyers.” The Principles provide insight into the practice of law in the First State. “Civility” is defined in the Principles and is taken seriously by the courts and bar as a whole.

The Principles demonstrate that civility in the workplace is not limited to the cubicles of corporate America. Jerks at Work are not welcome in any workplace, including the lawyer’s workplace—the courtroom. Here's a story about a judge outside of Delaware who is an advocate of civility:

U.S. District Judge Vicki Miles-LaGrange sanctioned lawyer Gerard Pignato for his extraordinarily jerky conduct. Pignato was reprimanded for comments he made in letters to his opposing counsel. As penance, the judge ordered the sharp-tongued Pignato to write an article on civility. He must include why he is writing the article and direct it to new attorneys, so they might avoid a similar embarrassment.

Here are some examples of his noxious and debasing comments:

Your self-serving comments are putting me to sleep. Can you not say anything in a page or less? You're just a broker who refers difficult cases to experienced attorneys. Be like a potted plant and sit quietly in the corner.

{The court's full Opinion can be read here.}

You don’t have to be a lawyer to experience this type of attack from a colleague, vendor, or customer, even. This conduct is very effective—no matter how illogical, it is difficult to jut brush off degrading comments.

I think Judge Miles-LaGrange should be applauded for taking action when she saw what can be described only as unbecoming conduct. And her response is commendable, as well. Unlike a monetary fine, Mr. Pignato is forced to sit down, pen in hand, and mull over his behavior and put into words just how dishonorable his actions were and how embarrassing this type of attitude is for other members of the bar. Plus, if his article deters even a single junior lawyer from scribing a seething note to opposing counsel, he’ll have made a real contribution to the profession.

The Preamble to the Principles of Professionalism states:

The purpose of adopting the Principles is to promote and foster the ideals of professional courtesy, conduct and cooperation. These Principles are fundamental to the functioning of our system of justice and public confidence in that system.

Maybe Mr. Pignato can use the Delaware Principles as a reference as he writes his article for the Oklahoma Bar Journal.

[Hat tip to the Legal Profession Blog]

John Phillips at The Word on Employment Law noted the ABA Journal's post on this story, as well.