Can an Employer Fire Someone for Being Bullied at Work?

Workplace bullying can have severe impacts on individuals and the overall productivity of a team. This article explores whether an employer has the right to terminate an employee who has been subjected to bullying and the steps one should take in such situations.

Common Responses to Workplace Bullying

When faced with workplace bullying, several responses can be considered. One common recommendation is to diligently document incidents and maintain a clear stance.

A strategic option may involve reporting to a higher authority. For instance, one might attempt to go over the boss and inform their superiors. Another route is to involve HR. However, it is often noted that both approaches may prove ineffective.

While these strategies can sometimes work, many professionals suggest that the best course of action is to start looking for another job and resign as soon as possible. By shifting the focus to a new opportunity, one can avoid prolonged exposure to a toxic work environment and potentially offer constructive feedback during exit interviews. In certain scenarios, where the individual is a valuable asset to the project, higher management might step in to address the issue.

Employer's Responsibility and Legal Considerations

From a legal perspective, employers are obligated to create a safe and respectful workplace. However, if an employer attempts to fire an individual who was bullied, it may not be a viable option without supporting evidence. The New Zealand Employment Relations Authority (consult the relevant legal authority in your country or region) clarifies that if no complainant action has been taken, an employer should not initiate termination based on the conduct of another employee.

For instance, one case discussed in detail is the United States Department of Labor's guidance that states, You would have to have done something to be fired. This underscores the necessity of concrete, actionable evidence that can substantiate the employer's reasons for dismissal.

Conclusion: Focus on Self-Preservation and Exit Strategy

When considering whether an employer can fire someone for being bullied, it is crucial to prioritize self-preservation and develop an effective exit strategy. Filing complaints with HR and involving higher management may not always lead to the desired outcomes, but they can still be valuable steps.

Ultimately, the best recommendation is to prepare for and actively seek new opportunities that align with your career goals. This not only protects your well-being and reputation but also avoids getting entangled in prolonged and potentially fruitless legal or organizational conflicts.

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