Workplace bullying involves unreasonable, repeated behavior against an employee. It can be used to threaten or intimidate them, and it usually involves an abuse of power.
If you’re dealing with workplace bullying, you might wonder how to navigate it without losing your job or experiencing retaliation.
Read the rest of this article to learn about the common types of workplace bullying, how it varies from harassment, what to do if you’re the victim of bullying, and when you should consult with a lawyer for assistance.
What are Common Types of Workplace Bullying?
Workplace bullying can take a variety of forms, such as the following:
- Unwarranted and unfair criticism
- Blame without valid reasons
- Shouting or humiliation
- Treating one differently from other employees
- Making jokes at the expense of an employee
- Excessive monitoring
- Cyber/digital bullying. This includes harmful emails or messages on apps.
There can also be more subtle examples of bullying, such as:
- Silent treatment. An employee is ignored or excluded. It can make one feel isolated in the workplace.
- Setting you up to fail. Giving an employee impossible-to-achieve tasks, such as extremely tight deadlines, to undermine them.
- Gaslighting. Manipulating an employee to make them doubt their experiences. Common phrases include, “You’re too sensitive” and “That didn’t happen.”
What Should You Do if You’re the Victim of Bullying?
If you’re dealing with bullies in the workplace, there are important things you should do to take action.
Gather Information
Start recording all the bullying behavior that has happened to you. This should include dates, times, places, what was said/done, and who was present at the time. Keeping a summary will ensure you note everything that’s happened and it will be beneficial if you have to seek legal guidance for the workplace bullying.
Check the Employee Handbook
Review the employee handbook you were given to see what it contains about anti-bullying policies. You should make a copy of this so you have evidence of how the behavior is going against the company’s values.
There should also be information about how you’re meant to report the bullying in the company, as well as how the company will handle the complaints. This could involve investigation procedures and disciplinary processes.
Communicate with the Bully
If you’re dealing with someone who is bullying you in the workplace, you should try to speak to them, provided that you feel safe to do so. Speak to them calmly and professionally so that you don’t escalate the situation.
It can be useful to have a witness with you during this interaction. If the person denies that their behavior has been offensive, you should specify what they’ve done and request that they stop.
If they don’t stop, you should report them to your employer or HR. They will likely investigate the bullying claims to resolve the issue.
Avoid Resigning Too Quickly
Dealing with workplace bullying can be stressful and draining. It might even make you want to quit your job. Before you do, think about it. If you resign, you might weaken your legal position and it could even make you miss out on your unemployment benefits.
Is Workplace Bullying Illegal?
Generally, bullying isn’t illegal in the U.S. It becomes illegal if it involves discriminatory harassment based on sex, race, age, religion, disability, sexual orientation, military status, or other protected class. So, it can be considered illegal if it overlaps with harassment.
Harassment is unlawful when it meets the following criteria:
- Enduring the offensive treatment is a condition the employee deals with due to continued employment.
- The behavior is so severe, it is creating a work environment that any reasonable person would view as hostile, toxic, or abusive.
When Should You Consult with a Lawyer for Workplace Bullying?
In some cases, reporting the bullying internally could be enough to put an end to the offensive behavior. However, in other situations, consulting with a lawyer can help you.
These include the following:
- The workplace bullying continues and is persistent, even after you’ve reported it.
- Instances of bullying are escalating or becoming worse.
- Your employer isn’t doing anything to assist you.
- The bullying overlaps with discriminatory harassment.
A lawyer can help you with workplace bullying in the following ways:
- They’ll gauge if the behavior is legally actionable, such as by determining if it overlaps with discrimination.
- They’ll protect you against retaliation.
- They’ll help you gather evidence of the bullying, such as emails and witness accounts.
- They’ll protect you from making any mistakes in how you deal with the bullying, such as confronting the offender in a rude, harsh way.
- They’ll help you draft reports when filing internal complaints against the offender.
- They’ll review your company policies and employment contracts so that they can flag violations.
- They’ll support you if the situation escalates, such as if you need to go to mediation, arbitration, or litigation.
- They’ll consider all applicable laws to help guide you through the situation.
- They’ll help you create an exit plan, such as if the bullying doesn’t stop or your workplace is toxic. They’ll evaluate settlement and severance options, while minimizing your risk of retaliation.
Do you need to hire a lawyer for workplace bullying?
You should consult with a lawyer from ContractsCounsel, an online legal marketplace that connects clients with experienced, vetted lawyers on the platform. They have the credentials, skills, and experience to assist you with all aspects of workplace bullying, from reporting it to preparing for litigation, if required.
