Is It Possible to Take Legal Action Against a Coworker for Workplace Bullying?

Workplace bullying, though intolerable, often appears outside the legal framework. However, in certain circumstances, taking legal action may be necessary to address severe and persistent conduct. This article provides guidance on understanding the legal options available and when they are most effective.

Understanding Legal Action in the Workplace

Legal action in the context of workplace bullying typically involves:

Criminal Complain: If the bullying behavior violates criminal laws, such as assault, threats, or harassment, you can file a police report. Civil Lawsuit: You can seek a civil lawsuit if you can prove that the bullying caused you damages, usually monetary, though non-financial harm can also be considered.

When to File a Report

The decision to file a complaint can be daunting. Consulting with the police or a lawyer is advisable. However, in many cases, it isn't against the law to be mean or a bully in the workplace. Resorting to legal action might be seen as excessive and unproductive, potentially damaging your professional image.

Steps to Take Before Resorting to Legal Action

Before considering legal action, follow these steps to address the bullying:

Direct Communication: Initiate a direct conversation with the bully, clearly explaining why their behavior is inappropriate and unwelcome. For example, you might say: “Please stop yelling at me. It creates a hostile work environment that makes my job difficult.” Company-Specific Solutions: Consult with your manager, HR, or other relevant personnel at your company. They can provide guidance on how to handle the situation and sometimes have the authority to take action. Documentation: Keep detailed records of all bullying incidents. Include dates, specific behaviors, and any witnesses. Documentation is crucial for any legal action. For instance: “On February 12, 2024, [bully’s name] accused me of taking their soda can, called me a liar and thief in a loud voice, and threatened to take revenge, saying I should 'watch out.' Three people witnessed this incident.” Consult Legal Options: Once you have documented the incidents, take the documents to HR if the situation doesn’t improve. If the bullying continues, consider consulting a lawyer or the police, especially if the behavior involves direct threats to your safety or job. Explore Civil Damages: If legal action is taken, civil lawsuits may help claim financial damages, though non-financial harm can also be addressed through a?Restraining Order or Personal Protection Order. Ensure to maintain all evidence, including emails and physical evidence.

Why HR Might Be More Effective

Going to HR is generally more productive than taking legal action, especially in workplace settings. HR can often put an end to the bullying by taking disciplinary action against the bully. If the behavior is severe, a firing might be necessary. Legal action alone might not be as impactful, as the courts will not distinguish between workplace bullying and general harassment.

Conclusion

While legal action is a powerful tool for dealing with workplace bullying, it should be considered a last resort. Proper documentation and a series of internal steps can often resolve the issue before resorting to legal measures. Seeking guidance from HR and maintaining a professional demeanor can lead to a more equitable and productive work environment.