Bullying in the workplace - what legal steps are possible?
May 3, 2023 | 30,00 EUR | answered by Bernhard Vollmann
Dear Employment Lawyer,
I am reaching out to you because I am in a very distressing situation at work and I do not know how to proceed. My name is Otto Waldner and I have been working in the accounting department of a medium-sized company for five years. In recent months, I have been systematically bullied and harassed by my supervisor and some colleagues. This manifests in personal attacks, demeaning behavior, and constant harassment that is making it increasingly difficult for me to work.
I feel powerless and do not know how to defend myself against this form of bullying. I have already tried to talk to my supervisor about it, but the situation has not changed. Speaking to the HR department did not bring a solution either. I fear that the situation will continue to escalate and that I will suffer mentally and physically as a result.
Therefore, my question to you is: What legal steps are available to me to address workplace bullying? Are there ways to initiate legal action to protect myself from further harassment and defend my rights as an employee? I am grateful for any help and support and hope for a quick and effective solution to my problem.
Thank you in advance for your assistance.
Sincerely,
Otto Waldner
Dear Mr. Waldner,
I thank you for your trust and openness in this difficult situation. Workplace bullying is a serious matter that can not only affect your work performance, but also negatively impact your health and well-being. It is important that you seek the advice of an expert in labor law to take appropriate steps and defend your rights as an employee.
First and foremost, it is important to know that workplace bullying is legally prohibited in Germany. According to § 3 (3) of the General Equal Treatment Act (AGG), it is prohibited to discriminate or harass employees based on their race, ethnic origin, religion or belief, disability, age, sexual identity or sexual orientation. Bullying can therefore potentially constitute a form of discrimination that can have legal consequences.
If you are being systematically bullied and harassed by your supervisor and colleagues, you have the right to take action. You should first try to gather evidence of the bullying, such as documenting emails, chat logs, or witness reports. This evidence can later be used in court to support your case.
As a next step, I recommend that you seek advice from a labor law attorney to receive legal advice and representation in this matter. An experienced attorney can help you take appropriate legal action, such as filing a claim for damages or obtaining an injunction against the perpetrators. Additionally, your attorney can negotiate with the company to find an out-of-court solution and prevent further harassment.
It is important that you do not feel alone and seek support in this difficult situation. I strongly recommend that you promptly contact a labor law attorney to professionally and effectively represent your case.
I wish you success and hope that you will soon find a solution to your problem.
Sincerely,
Bernhard Vollmann, Labor Law Attorney
