Why you should act
Everyone has the right to respect and to personal development. Vexatious behavior from fellow employees and superiors must not be tolerated. Those who assert claims early prevent health issues such as depression, and can once again conduct their work with confidence. If a change of workplace is unavoidable, the right strategy and efficient negotiation can often still lead to a considerable severance pay.
Toleration is the first mistake
Disagreements occur naturally when working together with other people. However, one must make a distinction between disagreements and systematic hostility, ignoring, humiliation and insults – in short bullying. This has nothing to do with factual differences between two people, but is an attack against a person. Offenders will often claim not to be aware of this and employers sometimes have a high degree of tolerance for this kind of behavior or might completely look away. Those who are affected, however, will suffer in this work environment. Stress, poorer work performance and the alienation from colleagues are the result. Still, affected employees can act. In addition to injunctive relief, employees have claims for indemnity and damages for pain and suffering.
The employer has to protect
When it comes to disputes in the business environment employees often intuitively turn to the employer and are fundamentally correct in that regard. It is one of the employers duties to protect the rights and legally protected interests of individual employees and, given the case, to initiate countermeasures. Interferers must be warned, transferred and if necessary dismissed. However the employer has some administrative discretion when selecting these measures.
End the bullying early on
When involving the employer, it pays to have the right approach. Initially the employer relies on factual information before she can take appropriate action. The person who can point to the individual behavior of the perpetrator or perpetrators actually speeds up the process immensely. Therefore, writing a kind of diary about specific incidents will help you in the pursuing discussions. If the employer stays idle or only acts half-heartedly, despite knowledge of the incidents, he violates his duties to protect his employees, dictated by the employment contract. This situation is tricky and further cooperation is often compromised. Our specialized labor law attorneys will gladly help you in this regard and consult on your options.
Indemnity and damages for pain and suffering
Bullying is a violation of the general right to personal freedom. When there are signs of depression or other detrimental health effects, or an immediate change of jobs becomes necessary, it is, at the latest, time to consider indemnity or damages for pain and suffering. Our specialized labor law attorneys will advise you individually about how to proceed in your case. Here you will not only profit from our professional appearance but also from our expert knowledge of the proof obligations in “bullying” cases.
Bullying occurs in numerous variations. Employers also bully or discipline – and employees endure it. In our specialized law firm for labor law you will receive all the information in the field of labor law.
Our specialized labor law attorneys will inform you about your options and together with you will work towards an individual solution. We represent you both in court and out of court and will fight for your rights.