How can I legally defend myself against workplace bullying?
November 7, 2023 | 55,00 EUR | answered by Hans Krüger
Dear lawyer,
I am Dirk Bergmann and have been working as an assistant in the HR department of a large company for five years. In recent months, the situation at work has deteriorated significantly for me, as I am regularly being bullied by a colleague. He makes derogatory remarks about my work, spreads rumors about me, and tries to make me look ridiculous in front of other colleagues.
This behavior is very distressing to me and is affecting both my work performance and my well-being. I have already tried to talk to my supervisor about it, but he has downplayed the problem and taken no action to protect me. I feel helpless and frustrated, as I do not know how to defend myself against the bullying.
I would like to know what legal steps I can take to defend myself against workplace bullying. Are there laws that protect me from bullying and what options do I have to assert my rights? How can I prove that I am being bullied and what are the consequences of bullying for my employment contract?
I would greatly appreciate it if you could give me specific advice on how to handle this situation and what legal steps I can take to defend myself against workplace bullying.
Sincerely,
Dirk Bergmann
Dear Mr. Bergmann,
I understand that the situation you are experiencing in the workplace is very distressing for you. Workplace bullying is a serious problem that can not only affect your work performance but also your well-being. It is important for you to be aware that you can take legal steps to defend yourself against bullying.
In Germany, there are legal regulations that are designed to protect you from workplace bullying. The most important legal text in this context is the General Equal Treatment Act (AGG). The AGG prohibits discrimination and harassment based on race, ethnic origin, gender, religion, belief, disability, age, or sexual identity. Bullying can be considered a form of harassment and therefore a violation of the AGG.
To assert your rights and defend yourself against bullying, you should first try to gather evidence of the bullying. Keep a record of all incidents where you were bullied by your colleague, and note down any witnesses who have observed the bullying. Additionally, you can also secure emails, messages, or other communication means that document the bullying.
Once you have collected enough evidence, you should speak again with your supervisor or the HR department and address the problem again. Request concrete measures to protect you from bullying and solve the problem. If your employer does not take action to protect you from bullying, you can take legal steps. You can contact a labor lawyer to enforce your rights.
Consequences for your employment contract could include the ability to claim damages if the bullying leads to termination or other negative consequences. You could also demand compensation for the emotional harm suffered.
In summary, it is important for you to take workplace bullying seriously and not hesitate to take legal action against your harassment. Be proactive and seek support to defend yourself against bullying and enforce your rights.
I hope that this information is helpful to you and wish you all the best in dealing with this difficult situation.
Best regards,
Hans Krüger
