Category: Articles, Communications, Education, Resources for Attorneys, Resources for Experts, Safety, School Safety/Violence, Security Part IV: Bullying, Harassment, Teasing & Hazing Lawrence J. Fennelly CPOI, CSSM and Marianna Perry, CPP, CPOI TASA ID: 10544 "Barbara Coloroso (2003), on page 13 in her book, The Bully, The Bullied and the Bystander, defines bullying as: "a conscious, willful, and deliberate hostile activity intended to harm, induce fear through the threat of further aggression, and create terror." Coloroso contends that four elements characterize all bullies, no matter what sex, age or job title: (1) an imbalance of power, in which the bully is bigger, stronger or more favorably situated than the victim; (2) the bully has an intent to harm, knowing he or she will inflict emotional or physical pain, and revels in the fact; (3) a threat of further aggression exists, in which the bully and victim both know that this act of aggression will not be the last; and (4) terror persists-the extreme, continuing agitation of the victim. The essence of bullying, according to Coloroso, is not anger but contempt. The bully sees the bullied as not worth respect or empathy. The bully is consummately arrogant." Read more
Category: Articles, Business & Commerce, Communications, Employment, Human Resources, Resources for Attorneys, Resources for Experts What Every Small Business Needs to Know About Avoiding Wrongful Termination Lawsuits TASA ID: 321 Small businesses are as vulnerable to wrongful termination lawsuits as much as large businesses. While I am not an attorney, as a small business owner who does a great deal of consulting work with HR departments, I think it’s imperative to know the risks and issues surrounding employee terminations. Wrongful terminations, also known as wrongful discharges or wrongful dismissals are legal terms that describe a situation where an employee was fired and the reason for the firing appears to be against the law. There are many causes for this but no matter the cause; it can be costly for a small business to be sued. Studies have shown that a company's legal costs in a wrongful termination lawsuit can run up to $85,000, and that winning plaintiffs receive judgments averaging $500,000. Read more
Category: Articles, Business & Commerce, Communications, Education, Employment, Resources for Attorneys, Working With Experts THE CASE WHEN THE TABLES WERE TURNED TASA ID: 408 When I was recommended by my own attorney to one of his colleagues, I found myself in an awkward situation. It was awkward because I didn’t want to return any obligations which may have jeopardized my relationship with my counsel and which may require that I ‘find’ I disagreed with my suggested role as a consultant. Regardless, I was introduced to the attorney who represented the husband in a pending divorce case. Study of the situation revealed that there was an abundance of money involved, and the ‘departing’ wife wanted a large share of it all. The husband wanted to mitigate his obligations. Read more
Category: Articles, Business & Commerce, Communications, Computer/Internet, Employment, Resources for Attorneys, Resources for Experts Defamation Defense: Is There a Third “Bite of the Apple” Available? TASA ID: 2156 In defamation cases, there are two basic “tried and true” defenses utilized in lawsuits, whether the charge is libel, slander or both. The first is “truth” because one of the elements that must be proven in a defamation lawsuit is the falsity of the statement. Therefore, if the statement is true, there is no basis for defamation. Read more
Category: Articles, Business & Commerce, Communications, Marketing, Resources for Attorneys, Resources for Experts Image/Reputation/Brand Damage: Does Litigation Solve the Problem? TASA ID: 2156 When the image, reputation or brand of a person, business, organization or any type of entity has been damaged by defamation (e.g. libel, slander) or any form of communications or action by another, it often leads to litigation. The wronged party seeks redress in some form or another to “right the wrong” so-to-speak. It could be simply to have the offending party admit they were wrong (to specific parties or publicly), to have them apologize, to reverse an action, to demand restitution in some form, etc. In many instances, it involves litigation. Read more
