Many adults have come to understand that they are victims of bullying at work as attempts to stop bullying among kids at school have gained broad traction. Workplace bullying, which includes taunting, insulting remarks, screaming, slurs, and even threatening disciplinary or bodily damage to colleagues, frequently goes unpunished.
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What Does Bullying at Work Mean?
Bullying at work can be considered a form of harassment. It involves repetitive, harmful behaviors such as verbal abuse, humiliation, intimidation, or exclusion, which can create a hostile and intimidating environment for the victim; it can also take the form of interference that sabotages the target’s ability to complete tasks.
Harassment, on the other hand, encompasses any unwelcome conduct, comments, or actions related to a protected characteristic (such as race, gender, religion, or disability) that create a hostile work environment.
While bullying and harassment may have distinct legal definitions in some jurisdictions, they often share similar characteristics and can be closely related in the workplace, with both being detrimental to the well-being and productivity of employees. It’s important to consult with a legal expert or HR professional to understand how specific laws and policies in your area define and address these issues.
When Is Bullying at Work Illegal?
As of right now, workplace bullying is not illegal under federal law or any state law. While some states have explored enacting anti-bullying laws, none have done so as of yet. That does not imply, however, that this mistreatment is acceptable in all circumstances.
Prejudice and Mistreatment
When bullying occurs in violation of state or federal regulations that forbid harassment and discrimination in the workplace, it is considered criminal. These rules shield workers against discrimination on the basis of protected traits such as racial or ethnic background, national origin, faith, sex, age, or handicap.
It may be unlawful harassment if a bully at work targets a worker because of a protected trait. If the unwanted behavior is severe or widespread enough for a reasonable person to consider it insulting, aggressive, or abusive, the employee may be able to prove a hostile work environment. To gain clarity on the legal aspects of your situation, including your current rights and whether it’s advisable to stay with your employer or explore other options, it’s crucial to consult with an experienced employment lawyer Los Angeles who can provide the guidance and expertise you need to navigate these complex issues.
Attack and Stalking
Bullying at work may, in severe circumstances, be illegal under other laws. An employee may file an assault lawsuit, for instance, if a bully at work makes threats to hurt them physically. Similarly, bullying at work may qualify as stalking if the perpetrator threatens a worker while they are traveling to and from work.
Laws Needing Bullying Prevention Training
Recently, California became the very first state to mandate that managers at bigger firms (those employing fifty or more people) receive training on how to stop abusive behavior at work, even in cases when the bullying isn’t motivated by prejudice.
Any harmful behavior that someone of average intelligence would find insulting, unfriendly, or unrelated to the employer’s legitimate business objectives is considered abusive conduct.
This includes verbal mistreatment, intimidation, and endeavors to compromise or disrupt an individual’s job performance. However, the legislation doesn’t outlaw abusive behavior or provide workers the right to sue their employers for failing to stop it.
How to Deal with Bullying at Work
Think about bringing a complaint to your company’s HR department if you are the target of bullying at work. It is in the best interests of your company to end bullying at work, regardless of whether the bully doesn’t violate any laws.
Bullying has no positive effect on the business; instead, it lowers morale, performance, and production. As soon as they become aware of bullying, astute employers will take action to prevent it.
Record the dates, times, words stated, and identities of those who mistreated you in your notes.
Maintain a journal of your experiences with bullying, noting any absenteeism, stress, or health issues. These documents will support your organization’s investigation and problem-solving efforts.
The information you gather will also assist you in determining whether it’s appropriate to take legal action against your employer in the event that you are dissatisfied with its response.
A severance package: what is it?
A severance bundle is a set of perks and compensation given to a laid-off or fired employee. Amounts depending on years of service, pay for unused sick or vacation days, medical insurance, stock options, and assistance in finding a new job through outplacement services are just a few examples.
Why do companies provide severance pay?
In cases of workplace harassment, it’s not uncommon for employees to consider their options, and one of those options may involve negotiating a severance package with their employer. Severance pay is a financial arrangement that is often offered to employees as they part ways with a company, and it can provide critical financial support during a transition period. An experienced employment attorney can help you not only understand your rights in situations of harassment but also guide you through the negotiation process to secure the best possible severance package.
In general, severance pay (Severance Pay | U.S. Department of Labor (dol.gov) is not mandated by employers. They did so for a variety of reasons, including:
Corporate kindness. Severance pay is perceived by certain businesses as the appropriate course of action for firing employees. The surviving employees’ morale is probably going to get better as a secondary consequence.
Continue to have skilled staff. A severance payout may be used as a lure to entice new hires and long-term employees.
Minimize rivalry. Sometimes, employers will demand that a worker sign a non-compete clause, which forbids the worker from collaborating with competitors or clients, to grant severance pay.
Keep unfavorable press at bay. An agreement on confidentiality that forbids the employee from disparaging the business may be included in a severance payment. Click here to read more about non-disclosure contracts. Employees who agree to give up their ability to sue their employer frequently receive severance pay.
Accepting severance is not required of you. The offer should only be accepted if the cash gain outweighs any rights you would have to give up, such as the ability to sue your company.
In conclusion, addressing workplace harassment and navigating employment challenges can be a daunting process. Don’t hesitate to seek the legal guidance you need because it will provide invaluable assistance in protecting your rights and ensuring a fair resolution. Choose from a team of employment lawyers that is committed to ensuring that your rights and best interests are protected in every step of your employment journey.