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Robert Niccolini

Robert Niccolini

Shareholder at Ogletree Deakins (Baltimore/Washington, D.C.) representing employers in labor and employment litigation; former President of the American Health Law Association.

Jun 10, 2026

4:24
So the bottom line with where this is all going with AI is another reason to shore up your documentation of problem employees before they file in court.
4:34
So I'm going to talk about our next two archetypes of challenging employees, the bully and the gatekeeper.
4:41
Let's talk about bullies first.
4:44
And let me be clear, true bullying that rises to the level of a hostile work environment has no place in the workplace whatsoever and requires immediate investigation and, quite frankly, discipline up to and including termination.
4:57
But when we're talking about the bully as a challenging employee, we're really talking about someone who engages in improperly dominating behavior, who is pushing around their coworkers, not physically, but often verbally or emotionally.
5:13
And to the extent that the conduct they're engaging in is short of actual hostile work environment harassment, it's still unacceptable, and it's still something that we need to address.
5:24
Bullies are often driven by ego or insecurity.
8:41
So the naysayer needs to ultimately understand that if they fail to meet their goals and deadlines, they're going to be performance managed out and discharged.

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