How can I legally defend myself against bullying in the workplace?
January 20, 2023 | 40,00 EUR | answered by Lukas Schlüter
Dear Mr. Neumann,
I am reaching out to you seeking advice in a difficult situation at work. For some time now, I have been systematically bullied and harassed by my colleagues. The situation is increasingly affecting me and impacting my performance and well-being.
The bullying actions range from derogatory remarks and exclusion to direct threats and sabotage of my workplace. I have already tried to discuss the issue with my superiors, but my concerns were not taken seriously and dismissed as a personal problem.
I am worried about my professional future and am wondering what legal options are available to me to defend myself against workplace bullying. Are there any laws that offer me protection and how can I take legal action against my tormentors?
I request your expert support and look forward to your response.
Sincerely,
Alwin Neumann
Dear Mr. Neumann,
I would like to express my sympathy for the difficult situation you are facing in the workplace. Workplace bullying is a serious issue that can affect both your mental and physical health. It is important that you do not feel alone and know that there are legal options to defend yourself against workplace bullying.
In Germany, there are legal regulations such as the General Equal Treatment Act (AGG) and the Occupational Safety and Health Act that protect employees from discrimination and workplace bullying. According to the AGG, it is prohibited to discriminate against individuals based on gender, religion, belief, disability, age, or sexual identity. Bullying can be considered a form of discrimination, especially if it is systematic, prolonged, and harassing.
To take legal action against your tormentors, I recommend that you first collect evidence and document the bullying in writing. Note exactly what actions were taken against you, when they occurred, and who was involved. Witnesses can also be important evidence to prove the bullying.
As a next step, you should speak to your employer again and inform them about the bullying incidents. Your employer is generally obligated to take measures to protect employees and prevent bullying in the workplace. If your employer does not respond appropriately or ignores the bullying, you can contact the works council or an external counseling service.
If all internal measures do not lead to the desired outcome, you have the option to take legal action. For example, you can file a lawsuit at the labor court and claim damages. It is advisable to seek support from an experienced labor law attorney who can advise and represent you competently.
Overall, it is important that you do not feel alone and seek professional support to defend yourself against workplace bullying. I am available to discuss your individual situation and explain further legal steps.
Sincerely,
Lukas Schlüter
Criminal Defense Attorney
