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business decisions.^134 First, she argues that anti-workplace-
bullying legislation will make employers hesitant to hire
employees when a claim could too easily be made for a boss
“being mean,” especially because bullying behavior may be
difficult to clearly define.^135 Second, she claims that such
legislation will not provide sufficient incentive for supervisors
and coworkers to stop their bullying behavior.^136 Finally, she
argues that anti-workplace-bullying legislation would interfere
with the freedom of employers and human resources managers
to run their organizations without having to constantly fear that
their employment decisions could lead to legal action.^137
Other critics have echoed the concern about employer
liability. Small business owners argue that the model act’s vague
language would place them at risk of costly lawsuits.^138
Additionally, two Manhattan Institute researchers, Edmund
McMahon and James Copland, believe that anti-workplace-
bullying legislation would strike at the heart of the “employment
at-will” doctrine.^139 The “at-will” doctrine means that “an
employer is free to discharge individuals ‘for good cause, or bad
cause, or no cause at all,’ and the employee is equally free to
quit, strike or otherwise cease work.”^140 Thus, the argument
goes that an anti-workplace-bullying law would essentially allow
every discharged employee to bring suit against his or her
(^134) See Suzanne Lucas, Why Workplace Bullying Should Be Legal, CBS
NEWS (Mar. 23, 2011 9:00 AM), http://www.cbsnews.com/8301-
505125_162-44941976/why-workplace-bullying-should-be-legal/.
(^135) Id.
(^136) See id.
(^137) See id.
(^138) See, e.g., Workplace Bullying Inst., 2012 Biz Lobby Opposition to
Healthy Workplace Bill, YOUTUBE (Jan. 21, 2012), http://www.youtube.com/
watch?v=wMekFHpb018.
(^139) See E.J. McMahon & James Copland, Op-Ed., New York’s Latest Job
Killer: A New Bill Would Give Workers Broad Rights to File Suit When
Fired, N.Y. DAILY NEWS (Mar. 19, 2010), http://www.nydailynews.com/
opinion/new-york-latest-job-killer-new-bill-give-workers-broad-rights-file-suit-
fired-article-1.446041.
(^140) See id.