What to do in case of bullying at the workplace?
January 10, 2023 | 45,00 EUR | answered by Sofia Vöss
Dear Employment Lawyer,
I am reaching out to you as I urgently need help. My name is Christine Niemeyer and I have been working as a project manager in a medium-sized company for the past three years. However, in recent months, I have increasingly felt that I am being bullied in the workplace. My supervisor and some colleagues treat me disparagingly, make derogatory remarks about my work and personal background, and exclude me from important decisions.
This is weighing heavily on me and affecting my performance and well-being in the workplace. I have tried to raise the issue with my supervisor, but he minimizes the situation and dismisses my complaints. I feel helpless and do not know how to defend myself against it.
My concern is that the situation will escalate and I will lose my job or even develop health problems as a result of the bullying. I would like to know what legal options I have to fight back against workplace bullying. Are there any legal regulations or protective measures that can assist me? How can I best protect myself from bullying and assert my rights?
I am grateful for any advice and support, as I do not want to continue to endure this stressful situation. Thank you in advance for your help.
Kind regards,
Christine Niemeyer
Dear Mrs. Niemeyer,
Thank you for your trust and openness regarding your situation at work. Workplace bullying is a serious problem that can not only affect your performance, but also endanger your health and well-being. It is important that you stand up against this form of discrimination and harassment and uphold your rights as an employee.
First and foremost, it is important for you to be aware that workplace bullying is legally prohibited in Germany. According to § 3 (3) of the General Equal Treatment Act (AGG), discrimination in the workplace based on gender, origin, religion, disability, sexual orientation, or age is forbidden. Bullying can be considered a form of discrimination when you are harassed based on personal characteristics or traits.
In your case, it is important for you to gather evidence of workplace bullying by documenting any distressing statements or actions, identifying witnesses, and possibly providing medical certificates regarding health issues caused by the bullying. Based on this, you can then take legal action.
You have the right to approach your works council or the relevant trade union for support and advice. Additionally, you can consult an employment lawyer to discuss your legal options and potentially initiate legal actions, such as filing a bullying complaint at the labor court.
It is important for you to also take proactive measures by setting clear boundaries, not allowing yourself to be intimidated, and potentially submitting an internal complaint to the company. You have the right to a discrimination-free work environment and should not hesitate to assert your rights.
Overall, it is important for you to not feel alone and seek support in addressing workplace bullying. Your health and well-being are important and should not be jeopardized by inappropriate behavior at work.
I hope this information helps you and encourages you to stand up against workplace bullying. If you have any further questions or need assistance, I am here to help.
Sincerely,
Sofia Vöss
Employment Lawyer
