Monday, April 4, 2016

Microsoft Pays $ 2 million for Bullying Case

The news article reads “Microsoft to pay $ 2 million in work place Bullying Case.”

This case took place in Austin, Texas. Microsoft was ordered to pay two million in compensatory and punitive damages. The judge that presided over this case was Tim Sulak. Sulak found Microsoft guilty of “acting with malice and reckless indifference” in an organized retaliation against the salesman Michael Mercieca.

Mercieca was a highly recognized salesman with an untainted record. The retaliation occurred after Mercieca ended a relationship with a woman who became his supervisor. Mercieca attempted to solve the problem by reaching out to the Microsoft’s human relations; however, he was unsuccessful. The company did not act and allowed the behavior to continue.

Another incident that occurred and that placed Mercieca on the spot light again was the complained about the improper comment made in their office by VP Eddie O’Brien. The comment made by the VP was soon after the Tsunami that damaged a nuclear plant and devastated Japan. According to Mercieca the comment was “I would have zero pity for Japan. I would throw them right under the bus and create another tsunami if I have to.”

Mercieca found himself on the nasty side of a conspiracy created by fellow co-workers and
supervisors. He was falsely accused of sexual harassment, expense account fraud. In addition, he was block from promotions.

After four years of litigation and over 90,000 documents Mercieca is awarded the case. His two two-lawyer team was able to come out victorious over Microsoft’s super team of 250 lawyers.

Analysis - How does this affect others in the sane field?

First we must grasp an understanding of what workplace bullying is. Work place bullying is defined as repeated, health-harming mistreatment of one or more persons by one or more perpetrators. The perpetrator(s) conduct is threatening, humiliating, or intimidating. They use verbal abuse, psychological harassment, and work interference to sabotage or bully the victim.

This news article is an example on how the acts of some represent many. The behavior exhibited by Microsoft’s managers was unethical and unprofessional.
The image of managers was tainted by Microsoft’s Managers unprofessional behavior. This type of news can generate a chain reaction. People observing the news more than likely will not have the details and might reach the wrong conclusions. The news can create a sense of distrust towards managers and employees will question every action. Employees might start to wonder if their being bullied and question every judgment and feedback made by managers. Managers might not act to the full extent of their capabilities just by the fear of being called a bully if events like this repeat continuously.

How can we prevent work-place violence? – Bullying.

Whether you are an employee or a manager you know your internal organization policy. Familiarize yourself with the grievance process. Establish the exact nature of the problem or complaint to be filed. Start at the lowest level possible preferably with a neutral third party. Separate managerial or work behavior from personal. Communicate in a timely manner; don’t wait for the problem to escalate out of control.


Sources cited

LawyersandSettlements.com. (n.d.). Retrieved April 05, 2016, from https://www.lawyersandsettlements.com/articles/texas-employment-labor-law/texas-employment-labor-law-lawsuits-9-20146.html

Work Place Bullying. (n.d.). Retrieved April 05, 2016, from http://www.workplacebullying.org/individuals/problem/definition/

4 comments:

  1. I think that the $2 million in compensation is excessive, but Microsoft's HR department was in the wrong. They could have easily avoided the problem by simply offering to transfer one of those involved to another office (it sounds like Mercieca might have liked this option??) or at the very least, they should have counseled Mercieca's supervisors and written them up if necessary to prevent the situation from escalating the way it did. A huge corporation like Microsoft surely has policies in place to cover themselves in these types of situations; it's unfortunate that they didn't follow their own procedures because it ended up costing them BIG time!

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    Replies
    1. The actual first payout order was 11.6 millions. However, a judge decided to lower it. Unfortunately this happens is so many organizations. It is very difficult to prove you are being bullied, especially when you have several people against you. Most people that suffer this, tend to just leave and look for a new job. The corporation is so big that I don't think it caused a dent in their wallet.

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  2. Martin,

    I think this situation could have been handle a lot differently and would have costed the company a lot let money. This situation could have been avoided by making some simple changes. Hopefully the company has learned from their mistakes and this will not happen in the future.

    ReplyDelete
  3. Martin,

    I think this situation could have been handle a lot differently and would have costed the company a lot let money. This situation could have been avoided by making some simple changes. Hopefully the company has learned from their mistakes and this will not happen in the future.

    ReplyDelete