Workplace Bullying: When Does a Worker Have a Case in New Jersey? – Guest Post

Workplace bullying is common in New Jersey. Different forms of bullying can occur in the workplace and it can be considered harassment. If you have been a victim of workplace bullying, you want to know when you can file a lawsuit and the steps involved in the process:

What is Workplace Harassment?

Harassment that occurs at work is employment discrimination. It is unwelcome conduct based on religion, age, sex, race, disability, national origin, or color. Employers and employees in New Jersey should abide by the discrimination law.

Harassment becomes illegal if the worker is forced to endure another person’s offensive conduct as an employment condition. Also, it’s unlawful if the conduct is egregious enough to create a hostile work environment. Anti-discrimination laws prohibit harassment against people in retaliation for engaging in discrimination investigations, filing a discrimination complaint, or testifying. Also, employers cannot retaliate against a worker who opposes employment practices.

Forms of Workplace Bullying and Harassment

Bullying that happens in the workplace can constitute harassment. It includes the following:

• Bullying through verbal harassment. This includes offensive jokes, name-calling, epithets, slurs, threats, intimidation, mockery, ridicule, or insults.
• This includes the same kinds of insults; however, they are done online either through the internal networks of a company or publicly.

Harassment can take place in different situations. The harasser can be a supervisor, a company agent, a non-employee, or a colleague. Victims do not need to be the individuals harassed. They can be anyone impacted by the offensive conduct. Finally, a victim does not need to suffer economic loss to have a harassment case.

Steps Victims Must Take

Employees who are subjected to bullying at work must tell the harasser that their conduct is unwelcome and should stop. Then, they can report the harassment to HR or management.

Employers must investigate bullying complaints thoroughly. They will face liability for harassment by a manager or supervisor that leads to adverse employment action like loss of wages, termination, and demotion. In addition, employers should take responsibility for harassment by non-employees or non-supervisory employees they have control over if they were aware of the incident or should have known about it and did not take appropriate and timely action to correct the conduct.

Seeking Legal Help

Employment lawyers can protect victims of workplace bullying. They will bring their knowledge and insight to build a strong case for victims as well as help them seek maximum settlements.