How can I legally defend myself against workplace bullying?
March 24, 2022 | 40,00 EUR | answered by Nina Koch
Dear lawyers,
I am reaching out to you as I urgently need help to defend myself against workplace bullying. My name is Sebastian Lehmann and I have been working in a medium-sized company for three years. Lately, I have been systematically bullied by my colleagues, who belittle me in front of others, exclude me, and assign inappropriate tasks to me. This not only affects me psychologically, but also hampers my work performance and well-being.
I have already tried to discuss the issue with my superiors, but the problem was downplayed and I was even labeled as "overly sensitive." Therefore, I am wondering what legal options I have to defend myself against workplace bullying and protect my rights. Are there specific laws or regulations that govern protection against workplace bullying? How can I gather evidence and document my situation in order to legally enforce my claims?
I am greatly concerned about my professional future and mental health, as the bullying continues to escalate and I feel helpless. Therefore, I am requesting your support and guidance to clarify the situation and initiate possible legal actions. I thank you in advance for your help and hope for a quick and effective resolution.
Sincerely,
Sebastian Lehmann
Dear Mr. Lehmann,
Thank you for your inquiry and your trust in my expertise. I am sorry to hear that you are experiencing workplace bullying and that your attempts to resolve the issue internally have been unsuccessful. Workplace bullying is a serious issue that can not only affect your mental health but also your professional development. It is important that you stand up against bullying and defend your rights.
In Germany, there are legal regulations that govern protection against workplace bullying. The main legislator in this context is the General Equal Treatment Act (AGG). The AGG prohibits discrimination and harassment in the workplace based on characteristics such as gender, race, religion, disability, sexual orientation, or ideology. Bullying can be considered a form of harassment and therefore fall under the AGG.
To be able to enforce your rights legally, it is important to gather evidence and document your situation. For example, you can keep a diary in which you record incidents and the behavior of your colleagues. Also collect witnesses who have witnessed the bullying and are willing to testify. If possible, secure written evidence such as emails or chat messages that document the bullying.
It is advisable to first contact a works council or a trusted person within the company to escalate the issue and receive support. If this is not possible or does not lead to the desired outcome, you can contact a lawyer specializing in labor law. A lawyer can help you assert your rights, claim damages, and potentially take legal action.
I strongly recommend not facing bullying alone and seeking professional help. Your professional future and mental health are important and deserve protection. I am here to support you in clarifying your situation and helping you enforce your rights.
I wish you strength and perseverance in this difficult situation and am available for any further questions.
Best regards,
Nina Koch, Attorney at Law
