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March 5th, 2007 
James PetersEmployers could avoid a LOT of lawsuits if they would just follow the "No Bad Apples Rule", which has its origins in a book written by Dr. Robert Sutton called "The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn't". Although I agree with Dr. Sutton that "bad apples" probably is not a strong enough word, to be politically correct I will use this less offensive term.
The basic premise of this rule is that employers refuse to allow employees who are disruptive, excessively arrogant, rude or downright mean to work in their company. Often these employees are kept around because they are the top salesperson in the office or some other performance-based reason.
However, the book focuses on the reality that no matter how productive these employees are, it is usually not worth keeping them around when you consider the havoc they wreak on workplace morale, the performance of others and the potential for lawsuits against the employer later on.
It is very common when talking to prospective clients that they actually loved their job before Mr. X was hired and turned the office into a combat zone. Regarding their manager's reaction to these problem employees, these clients often tell me things like "my supervisor ignored it" or "my manager was oblivious to it".
An employer is especially in trouble if the a--hole is white (or male, young, straight, etc.) and those complaining are black (or female, older, gay, etc.). In California, this is usually enough for the employee to bring a "hostile work environment" harassment claim and often prevail.
If employers would simply communicate more with their employees, be cognizant of sharp drops in morale, and do something about these problem employees when they are discovered, they could avoid an awful lot of lawsuits by jaded and disgruntled employees.
Special thanks to the Workplace Fairness blog, where I first discovered this book.
Additionally, Diane Levine mentions a study at her Online Guide to Mediation blog, that comes to a similar conclusion about "bad apples".
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[...] Point of Law takes on a post from the California Employee Rights Blog and calls it “very curious.” So - is a “No Bad Apples” rule a good idea? I don’t know why you humans just don’t do what we dogs do with bad actors. Just take the scruff of their necks in your jaw and shake ‘em til they roll over and expose the belly. That’s a sign of submission, you know. [...]
I have a question in response to the hostile work environment or even the work place bully segment. What do you do if the person that is creating the hostile environment or even bullying you has been appointed your supervisor? I have been told that if I go to the owner of the company that I will be fired by this person for going over his head. I work in a truck shop and this person who was at first hired as a dispatcher for our fleet has now been appointed as the manager of the whole company. To make a long story short, he has a personal grudge against my coworker who was my boss before this change was made and now he is after me because I will not get involved with his plan to fire my coworker. He constantly verbally abuses any employee that does not go along with what he wants. I have gone so far as to tell him that if he wants to talk to me about the situation that needs to be corrected that is one thing, but I will not tolerate being talked to in an abusive tone (cursing). I was told that if I don't like it he will fire me. I like to work for my company and I see myself having a future there, but I do not know how long I can stand to be verbally abused and threatened with the loss of my job by this person. What would you suggest I do, without turning in my resignation.
Steven:
I suggest you take a look at this post: Retaliation by Jerk Boss is Illegal. I hope that helps, but if you are in need of further assistance feel free to contact us directly.
I have a question as well. My wife has a boss that for the past 2 years since me and her got married he has had a really bad attitude with her that recently got worse. the worst part is that her job has to deal directly with him. well lately he has been making it extra hard for her to do her things because she cant comunicate directly with him because he just does not want to. getting other employees involve to have a negative attitude with her. as well as made some rude comments infront of all them trying to make my wife feel bad.and today he put her job on the line saying if she did not like it she could walk out the door. no this has put alot of stress on my wife. i was wondering is there anything we could do.