Workplace harassment is unwanted behaviour that is likely to offend, humiliate or intimidate a person, and which is based on personal attributes such as:. The harassment may occur at your place of work, or at workplace events such as Christmas parties , and may be physical or psychological.
If you can, firmly and politely let the person know that their behaviour is unreasonable and ask them to stop. They may not realise their behaviour is unreasonable or the effect it is having on you, so they need to be given the opportunity to change. You could ask your supervisor, health and safety representative or union representative to be with you when you approach the person. Sometimes it can be hard to see a situation clearly. A health and safety officer, human resources officer or union representative can provide helpful advice on your unique situation.
These should outline how your workplace deals with workplace bullying and harassment, and what strategies they have in place to prevent it. You may report bullying or harassment to your supervisor or manager, your health and safety officer or your union representative. You might have grounds for a lawsuit against an employee who spreads false information about you, but you probably will not be able to sue your employer.
One of the best ways to determine whether you might have grounds to file a lawsuit against your employer for workplace bullying is to consult with an experienced employment law attorney.
The lawyers at Swartz Swidler can evaluate the facts and circumstances of your potential claim and provide you with a fair and honest assessment. Contact us today to schedule a consultation. Skip to content. When can workplace bullying form the grounds for a lawsuit? It did not matter that the supervisor later said he was only joking as discussed in the Appellate Opinion. If an employer does retaliate against you for raising this type of concern, you can file a claim with the NLRB within days of the date the retaliation takes place.
You can do it yourself or with assistance from an attorney. SPEED may be essential: Seek assistance promptly in the event you believe you may have a legal claim. On the other hand, some acts of workplace bullying are not legally prohibited. There is no law preventing a co-worker from repeatedly criticizing your work product or using excessive profanity in the workplace. And if a co-worker spreads untrue rumors about you, then you may be able to sue the co-worker for defamation, but not necessarily against your employer.
Speaking with an experienced employment law attorney is the best way to determine whether or not you have a claim worth pursuing against your employer on the basis of workplace bullying.
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