Q&A: Workplace Harassment

| Monday, April 6th, 2015 | No Comments »

I have been harassed by three of my co-workers in my workplace for one year. The harassment has come to an extreme where I could not take it anymore. As a result, I was unable to sleep at night and have been seeing a doctor. I finally quit my job last week because the screaming and targeting my work was unbearable. I gave the company two weeks’ notice, after which the harassment continued.  Management did nothing although they were made aware of my complaints.  

Employers have a legal obligation to provide a workplace free from harassment.

Harassment under the law is defined as conduct or comments that are known or should be known as unwelcome.  Threats and intimidation, offensive comments and belittling behavior are examples of bullying and harassment.

Not all comments are considered harassment.  You mention the targeting of your work.  Managing your performance and difference of opinion do not amount to harassment.  This is why it’s a good idea to meet with a lawyer to get a formal opinion on whether this behavior crosses the line.

Nevertheless, the obligation to provide a workplace free from harassment requires the employer to take your complaints seriously, do an investigation and take positive action.  It does not matter if the alleged harassment came from management or it was the doing of coworkers, contractors or even customers.

Your facts indicate that not only did the employer fail to address the unwelcome behavior, they ignored it, the behavior persisted and it impacted your health to the extent that you were forced to resign.  This may be considered a constructive dismissal as you were forced to leave gainful employment because of a poisoned working environment and if so, you will be awarded damages while you look for another job and possibly additional damages as a result of the employer’s failure to take your complaints seriously.

Leave a Reply