should i hire a lawyer when people bully you at work

by Ola Dare DDS 10 min read

If you are experiencing workplace bullying, either as the recipient or as the employer of a workplace bully, you should consult with an experienced and local workplace lawyer.

Full Answer

Do I need a lawyer for bullying in the workplace?

If you are experiencing workplace bullying, either as the recipient or as the employer of a workplace bully, you should consult with an experienced and local workplace lawyer. An area attorney can help you understand your legal rights, options, and obligations according to your state’s specific laws regarding workplace harassment and discrimination.

Who can be considered a bully in the workplace?

If You Are Facing Workplace Bullying. If you are being bullied at work, consider filing a complaint with your company’s HR department. Even if the bully is not breaking the law, it is in your employer’s best interests to put a stop to workplace bullying. Bullying drags down morale, performance, and productivity, without any benefit to the ...

How do you deal with your office bully?

 · When you deal with a bully, maintain your composure and professionalism, and don’t take the bait. If it’s a litigation-related matter, accept that the dispute at issue will more than likely need to be resolved in court, so be prepared with the facts and the law. Distinguish yourself as the clear-eyed, reasonable and composed advocate.

Do you have a bully coworker or boss who won't help?

An experienced workplace bullying lawyer can walk you through all steps of your claim. If you are not experienced in that area, a workplace injury lawyer can easily identify your eligibility, plan the claiming process, estimate your compensation benefits, and most importantly, act on behalf of you when you should focus on your mental wellbeing.

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What Is Workplace Bullying?

According to the Workplace Bullying Institute, workplace bullying is abusive conduct that takes the form of verbal abuse; threats, humiliation, or...

When Is Bullying Illegal?

To date, neither federal law nor the law of any state prohibits workplace bullying outright. Although a number of states have considered anti-bully...

If You Are Facing Workplace Bullying

If you are being bullied at work, consider filing a complaint with your company’s HR department. Even if the bully is not breaking the law, it is i...

Questions For Your Attorney

1. I'm upset about being bullied at work, and my health is suffering from the stress. Can I sue the bully personally? 2. Can a workplace bully's ac...

Is bullying illegal in the workplace?

And employees who do complain are often surprised to learn that bullying isn’t necessarily illegal.

Is bullying at work?

As efforts to prevent bullying of children at school have become widespread, many adults have realized that they are facing bullying at work. Workplace bullying—teasing, belittling comments, yelling, name-calling, and even threatening employees with discipline or physical harm—often goes unchecked.

Is bullying unchecked?

Workplace bullying—teasing, belittling comments, yelling, name-calling, and even threatening employees with discipline or physical harm—often goes unchecked. Employees may be afraid to speak up against a workplace bully, especially if the bully is a manager. And employees who do complain are often surprised to learn that bullying isn’t necessarily ...

What is workplace bullying?

According to the Workplace Bullying Institute, workplace bullying is abusive conduct that takes the form of verbal abuse; threats, humiliation, or intimidation; or interference that prevents the target from getting work done (sabotage). As in the schoolyard, bullying often starts when one person starts picking on someone else ...

Is bullying a federal law?

Bullying is illegal when it violates federal or state laws prohibiting discrimination and harassment in the workplace. These laws protect employees from harassment based on protected characteristics, such as race, color, national origin, religion, sex, age, or disability.

How does bullying affect your job?

Bullying drags down morale, performance, and productivity, without any benefit to the company. Savvy employers will take steps to stop bullying as soon as they are aware of it. Keep notes of the mistreatment you have faced, including dates, times, what was said, and who else was present.

How long does it take to file a complaint against a government agency?

If you are facing illegal harassment, you may have only a short time—possibly as few as 180 days —to file a complaint with a government agency. You must file such an administrative complaint before you can file a lawsuit, so missing this deadline will likely mean you have no legal recourse.

It Was Just a Routine Motion

One of the first matters I worked on involved drafting a relatively routine bankruptcy motion to reject a contract for a corporate debtor. After filing and serving the motion, I received a call from counsel to the counterparty to the contract.

How to Prepare for the Inevitable Bully Encounter

If you are a junior lawyer, there are a few things you can do to prepare for your first encounter with a bully.

Desperate Adversaries Can Do Desperate Things

Fast-forward six months from my 2001 incident. I’m hitting my stride — no bully lawyer was going to push me around again! That’s when I encountered a more cunning, stealthy foe.

Be extremely careful in your conversations and correspondence

Assume every word you speak or write will find its way into the court record. Protect your client, and yourself, at all times. Again, be courteous, but leave it up to your adversary to figure out the manner in which he or she should proceed. It’s no fun to see your name in a pleading filed by an adverse party.

Is the internet a good friend for a bully lawyer?

When it comes to reducing the chances of bumping heads with a bully lawyer — especially a bully employer for your first job as an attorney — the internet is your best friend.

Who is Dennis Beaver?

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, " You and the Law ." Through his column he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."

Is bullying a supervisor?

Bullies are not always individuals in higher positions. Bullies may be a supervisor, a co-worker, or even a frequent customer. The following behavior is recognized as workplace bullying (this list is not exclusive of other behaviors): Deliberately leaving an individual out of important work meetings of functions.

What is workplace bullying?

Workplace bullying usually occurs when a hostile environment is created by one or more persons towards another. The behavior may be an ongoing effort to undermine an adult’s ability to perform professional responsibilities, attack the adult’s self-confidence, or status within the workplace.

What are the behaviors of bullying?

The following behavior is recognized as workplace bullying (this list is not exclusive of other behaviors): 1 Deliberately leaving an individual out of important work meetings of functions 2 Deliberately giving an individual an unrealistic amount of work to be done 3 Deliberately or frequently uses abusive language or conduct 4 Deliberately leaving out information from an individual so that individual may not properly complete a task 5 Repeatedly threatening to terminate one’s employment 6 Deliberately humiliates an individual in front of others 7 Requiring an individual to do humiliating or inappropriate acts

Does bullying happen to adults?

Bullying also happens on a daily basis to professional adults. However, adults oftentimes do not recognize certain behaviors to be bullying; even if the adult does recognize the bullying, the adult might not know the laws and resources with how to deal with the hostile behavior. Contact a Houston employment law firm here.

Is bullying a physical or verbal act?

Workplace bullying may occur as verbal or physical conduct. It is important to note extreme instances of workplace bullying may be characterized as criminal behavior and will be dealt with accordingly with the criminal laws and procedures.

What laws protect people with disabilities?

These laws were created to deter and punish behavior that is considered bullying. Federal law lends protection to individuals with disabilities via the Civil Rights Acts of 1964 and 1991; The Americans with Disabilities Act (ADA); and The Rehabilitation Act of 1973.

What is Chapter 48 of the Texas Human Resources Code?

Chapter 48 of the Texas Human Resources Code makes it unlawful for any harassment of people with disabilities and elderly individuals. The Code requires that this form of harassment be reported for prompt investigation.

What happens if you are not a lawyer?

Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

Do I need an attorney for a speeding ticket?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations, such as a bad divorce, lost job, or DUI violation.

Can a civil case hurt you financially?

A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case.

What do attorneys depend on?

Attorneys depend on an extended network of professionals to help their clients ' cases. Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.

Is it better to plead guilty or admit fault?

Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you. When you hire a lawyer, they can explain all of your options and can help you avoid potentially severe penalties even before a trial begins. 7. It's Always Better to Avoid Problems Rather Than Fix Them Later.

What is at stake in a civil case?

What's at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.

What is workplace bullying?

In their 2017 National Survey, workplace bullying "was defined as repeated mistreatment of an employee by one or more employees; abusive conduct that is: threatening, humiliating, or intimidating, work sabotage, or verbal abuse." The Workplace Bullying and Trauma Institute (WBTI), found that: 1 

How to respond to a bully?

1. Describe the behavior you see the bully exhibiting—don’t editorialize or offer opinions, just describe what you see. Don't say you're mean and nasty to me. to the bully.

What happens if you dread going to work?

If you dread going to work, you may have a bully coworker or boss . If your employer won’t help you, and the study cited below says they often won’t, even if it's just because they don't know what to do either, these are the actions to take to defeat the bully.

How many people are bullied at work?

The Workplace Bullying and Trauma Institute (WBTI), found that: 1 . 50% of Americans have not experienced or witnessed bullying, but 19% of Americans are bullied, another 19 percent witness bullying at work. 61% of Americans are aware of abusive conduct that takes place in the workplace.

Do bullies go away?

The bully will not go away; if you make yourself an easy target, you will only encourage the bully. If you tolerate the bully's behavior, you are training the bully to continue the reprehensible actions. Here’s how to deal with your office bully—most effectively and potentially resulting in a bully-free workplace.

What is an employee handbook?

Most employee handbooks describe the HR investigation process that your complaint sets in motion. Hope for the best resolution when you ask management and HR for assistance in dealing with the bully, but be prepared to explore other options so you have less contact with the bully. You may even need to find a new job.

Can an attorney use threats against someone?

An attorney cannot use threats against someone to gain an advantage in a civil matter. However, the attorney can warn that person that he is about to file a lawsuit to resolve a matter.

Can an attorney write a demand letter?

It is permissible for an attorney to write a demand letter and say that he will file suit if you don't pay the demand, but after that, he ought to just sue or shut up. You don't have to meet him personally, and you probably should not. If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing. You can also hire an attorney to represent you in this matter, and that will put a stop from the attorney's contacting you at all. Good luck.

Is it unethical to threaten a lawsuit?

It is not unethical to threaten a lawsuit if you refuse to negotiate a settlement. You, or whoever is receiving the message should offer to consider any demands, but let the lawyer know you are uncomfortable meeting, if you are. If the lawyer becomes uncivil, or threatens action he knows he cannot take, such as threatening criminal charges, that would be unethical.

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