Employers 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".

Q: My boss is a real jerk. She harasses me for no good reason, calls me names and belittles me in front of other employees. Today I finally told her not to treat me like that anymore, because it interferes with my work and it is unprofessional. She fired me on the spot for complaining. Please tell me this is not legal in California!

-- A Woman Wronged (CA)

A: You are in luck. In California it is illegal under Labor Code § 232.5 to retaliate against an employee for complaining about "working conditions".

Unfortunately, the term "working conditions" has not been clearly defined by California Courts under this statute. For example, if an employee complains about the poor selection in the break room's vending machine and is terminated for the complaint, the language of the statute suggests that this would be illegal.

I actually believe that this example would be illegal. However, the employee would have to prove that their employer actually terminated them for complaining about the vending machine. The less believable it is that an employer would terminate an employee for a complaint, the less likely a judge or jury would be to decide the complaint actually triggered the termination.

However, your situation is almost certainly covered by the statute. If your complaint about how your boss treated you is really what motivated her to terminate you, then you would likely be able to pursue a wrongful termination case against your former employer.

Under such a claim you might be able to recover all of your lost wages, attorney's fees and certain penalties.