Using policy-capturing methodology, this study examined the nature of workplace bullying in a random sample of 45 litigated cases in the United States. Among the findings were that most of the cases were in the District Court. Nearly one-fifth of the cases involved physical violence, the majority of the cases were in the public sector, and the supervisor was the perpetrator in many of the cases. The presence of a policy banning workplace bullying was present in slightly more than one-third of the cases. A striking finding was that 73.3% of the cases were found in favor of the employer as the defendant. These findings support the fact that even though there are no specific workplace bullying laws in the U.S., victims of workplace bullying can be legally protected. Implications for managerial practice and future research are suggested.Key words workplace bullying . litigated cases . managerial style . judicial opinion
Relevance of StudyThe role of organizational research is to identify relationships in organizational contexts and provide information for managerial decision-making. Given the pervasiveness of bullying and the potential negative effects of it, both from an individual and organizational basis, it becomes more imperative that research be conducted. To date, research on bullying has tended to be based on experimental designs, in which subjects are asked to report the existence of contextual factors relating to bullying in contexts that have been devised for the research study. Another stream of research is based on surveys in which likely victims or knowledgeable professionals (such as human resource professionals) are asked to report their experiences. Often, these are in one organizational setting and do not take into account