Counsel to Counsel - May 2008 - (Page 2)

brief advice Keeping Bullying Out LexisNexis Martindale-Hubbell posed the following question to provide a variety of views on this important topic: As more states initiate legislation against workplace bullying and other forms of harassment, what steps can companies take to ensure their policies are communicated to all workers? Marilyn M. Fish Partner Powell Goldstein LLP mfish@pogolaw.com Peer Review Rated Train your managers to recognize bullying, and encourage them to reach out to the victim to offer help. Managers are often attuned to recognize harassment but may not be as attuned to recognize bullying. In addition, victims are often afraid to come forward or may be unwilling to admit they are the victim of bullying. By encouraging managers to “take the first step,” you will make great strides in combating workplace bullying. And practice what you preach: The best way to communicate your dedication to enforcing your workplace harassment policy is through your actions. Alison N. Davis Partner Ford & Harrison LLP adavis@fordharrison.com Scott K. Sheets Partner Huddleston Bolen LLP ssheets@huddlestonbolen.com Peer Review Rated Left unchecked, bullying can escalate into unlawful harassment or even workplace violence. You don’t want your employees to get to the courthouse steps before you can act. Let your employees know you will not condone bullying by co-workers, supervisors or managers. First, take your employment policies off the shelf and if those fall short, implement an anti-bullying policy. Second, take all complaints of harassment and bullying seriously, and, if necessary, take appropriate action. Third, expand on harassment in employee training, and provide employees with the tools to ward off a bully’s tactics. Employers should: • Provide a clearly written, up-to-date anti-harassment policy upon hiring that defines unacceptable behaviors; • Distribute copies of any revised policies to all current employees; • Have employees sign acknowledgments indicating receipt, review and understanding of the policy and any revised policies; and • Require all employees to attend periodic training sessions on the company’s anti-harassment policy to apprise employees of the policy’s contents, afford an opportunity for questions and remind employees of both their right to work in a non-harassing environment and their duty to report violations in a timely manner. LexisNexis® Martindale-Hubbell® 02 http://matilto:adavis@fordharrison.com

Table of Contents Feed for the Digital Edition of Counsel to Counsel - May 2008

Counsel to Counsel - May 2008 Contents Harassment Policies NEC Corporation of America and Duane Morris LLP Lost or Stolen Data: Minimizing Fallout On-Boarding the Board Drafting Fair, Efficient and Enforceable Arbitration Agreements Responding to Counterfeit Products Crafting an English-Only Workplace Policy Distressed Debt: New Players, Global Sophistication Make Restructuring More Complex IP Confidential: Plan Ahead, Act Fast to Protect Your Trade Secrets Adverse Changes: Think Ahead in a Strained M&A Market Optimizing Web 2.0 Technology: Expanding Your Professional Network Union Pacific Railroad Company and Patton Boggs LLP Warming Warning: Develop Your Climate Change Strategy Now Risk Sharing: Expect New Obstacles and Expenses in Syndicated Loans E-Discovery in Action Diversification at the Gate Energy

Counsel to Counsel - May 2008

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