Conflicts in the workplace occur from time to time. However, if employees are deliberately excluded, belittled, or harassed over an extended period, this may constitute Workplace Bullying .
For those affected, workplace bullying can be a significant burden. In addition to the daily strain at work, many legal questions arise: Do I have to tolerate this behaviour? What options do I have against my employer or colleagues? Can I claim compensation?
As a lawyer in Freiburg, I support employees in assessing their situation from a legal perspective and taking appropriate action.
What is Workplace Bullying?
The Bullying is defined as the systematic and repeated harassment, mistreatment, or exclusion of a person over an extended period of time.
Not every argument with a coworker or every criticism from an employer automatically constitutes bullying. Rather, the decisive factor is whether individual actions, taken together, paint an overall picture that amounts to deliberate belittlement or discrimination.
Typical examples of workplace bullying include:
- constant personal attacks or insults
- exclusion from the team
- spreading false claims
- deliberately undermining work performance
- withholding important information
- unfounded criticism or harassment
- withholding meaningful tasks
- intimidation or threats
Bullying by supervisors — often referred to as "bossing" — can also have significant consequences under labor law.
What are an employer’s obligations in cases of workplace bullying?
Employers have a duty of care toward their employees. They must take measures to protect employees from unlawful attacks, discrimination, or significant violations of personal dignity in the workplace.
If an employer is informed of workplace bullying, they must not simply ignore the situation. Depending on the case, various measures may be considered—such as discussions, organizational changes, or disciplinary action against those responsible.
What can I do about workplace bullying?
Anyone affected by workplace bullying should act thoughtfully and document the incidents as accurately as possible.
The following is particularly helpful:
✓ Record the date and time of the incidents
✓ Note the people involved
✓ Document potential witnesses
✓ Save messages or other evidence
✓ Do not make hasty decisions
A legal assessment can help you plan your next steps and avoid mistakes.
Am I entitled to compensation for damages or pain and suffering in cases of workplace bullying?
Under certain conditions, victims can assert claims.
Possible claims include, for example:
- claims for injunctive relief
- claims for compensation for damages
- compensation for pain and suffering
- employment law measures against those involved
Whether such claims exist, however, depends heavily on the individual case and the ability to prove the incidents.
Termination Due to Workplace Bullying — What Should I Consider?
Many victims consider resigning on their own due to the stress involved.
However, before resigning, you should assess the potential consequences — particularly with regard to unemployment benefits, severance pay, or other entitlements.
In some cases, other solutions may be appropriate, such as negotiating a termination agreement, severance pay, or a change in your work situation.
If you feel you are being bullied at work, you should be aware of your legal options.
I will review the following for you:
✓ Does this constitute legally relevant bullying?
✓ What claims do you have against your employer or coworkers?
✓ What evidence is important?
✓ What strategy makes sense in your situation?
