Organizational retaliatory behavior
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Organizational retaliatory behavior (ORB) is a form of workplace deviance. ORB is defined in the bottom up sense as an employee's reacting against a perceived injustice from their employer. ORB is also a top down issue occurring when an employee speaks out or acts in an unfavorable way against the employer.
The International Journal of Conflict Management divides ORB into four different conceptual indicators; rule breaking, level or work behavior, affective commitment, and turnover intention. All of these are forms of Workplace Deviance.
Organizational justice and retaliatory behavior
ORB is the result of perceived injustices in the workplace, and can be categorised into the three following groups:
- Interactional justice: An employees evaluation of the perceived fairness of interpersonal treatment from his or her own superiors (Bies and Moag 1986), and includes an organization’s leaders treating employees with respect, dignity, sensitivity and sincerity.
- Procedural justice: An employee’s evaluation of the perceived fairness of rules and processes used by the organization to distribute outcomes to all employees within the organization (Thibault and Walker 1975).
- Distributive justice: An employee’s perception of the fairness of his or her own outcomes such as pay (Adams 1965).
Employees who feel they are being treated fairly are more likely to be loyal to their companies, have higher morale and increased helping behaviors. Employees who feel there are being treated unfairly tend to have lower morale, higher turnover rates and are more likely to exhibit ORB and another forms of workplace deviance including theft and/or sabotage in attempts to get even with their wrongdoer.
The main reason for top down ORB is whistleblowing, and it differs from that of employees. Whilst employees will act out against the organization, employers will act out against the whistle blower by excluding them from meetings, eliminate their perquisites, assignment to less desirable work or to a heavier work load, more harsh criticism, and in certain cases, pressure to drop their lawsuit altogether. These are all forms of punishment to the whistle blower meant to encourage employee silence and to discourage future whistle blowing.
Employers typically will not waste resources retaliating with employees that are young, inexperienced and have no public credibility. Retaliation often occurs against employees with credibility in their field that have stated their claims against the organization publicly.
Statistics are showing an increase in retaliatory-based lawsuits, nearly doubling since 1992 according to Zink and Gutman. This is believed to be because employers are beginning to understand the full financial costs of employee retaliatory behaviors. Another theory as to why lawsuits are increasing is employees are reporting cases of top down retaliation more due to an increased understanding of employee rights.
Retaliation claims are standardized by the adverse employment clause while states “any action that materially changes the terms, conditions, and privileges or employment”. Validity of retaliation lawsuits are also based on the ‘reasonable person deterrence’ standard from the Equal Employment Opportunity Commission compliance manual that states “actions employer behavior is any actions reasonably likely to deter the charging party from engaging in a protected activity”. Deterring actions include: Threats, reprimands, negative performance evaluations, and harassment, suspending or limiting access to an internal grievance, giving and unjustified negative job reference, refusing to provide a job reference, informing an individual’s prospective employer about the individual’s protected activity, and putting an employee under surveillance.
Notable court cases
- Robinson v. Shell Oil Co. (1997) Actions designed to interfere with former employee’s prospective employment
- Winarto v. Toshiba American Electronics Components (2001) Negative changes to performance appraisal
- EEOC (Equal Employment Opportunity Commission) vs. Navy Fed. Credit Union (2005) Increased employee surveillance
- Noviello v. City of Boston (2005) False accusations, forcing an employee to eat alone, suggested shift changes
Scholars Folger and Skarlicki have argued “retaliation may serve the interests of organization members and the organization itself in that employee mistreatment may be prevented by moral watchdogs, whose actual or potential retaliation serves to keep abusive managers in check”.
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3. Folger, R. & Skarlicki, D.P. (2004). Beyond Counterproductive Work Behavior: Moral Emotions and Deontic Retaliation vs. Reconciliation. In S. Fox & P.E. Spector, (Eds.), Counterproductive Work Behavior: Investigations of Actors and Targets. Washington DC: APA Press, pp. 83–105.
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5. Zink, D. L., & Gutman, A. (2005). Statistical trends in private sector employment discrimination suits. In F. J. Landy (Ed.), Employment discrimination litigation: Behavioral, quantitative, and legal perspectives. San Francisco: Jossey Bass.
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