Is Workplace Bullying Illegal?

According to the Workplace Bullying Institute, nearly a third of U.S. working adults have experienced on-the-job bullying  – around 52.2 million workers. Although the organization is working to encourage states to pass laws outlawing workplace bullying, Michigan employees aren’t explicitly protected from general workplace abuse. Yelling, name-calling, and sabotaging coworkers or employees are awful, but usually not illegal. 

However, some bullying behaviors are against other Michigan and federal laws. An experienced employment attorney can help you understand how Michigan and federal laws apply to your situation. They will review the facts of your situation, explain your options, and help you pursue justice and compensation where appropriate.

Bullying, Harassment, and Hostile Work Environments

Federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act, as well as Michigan’s Elliott-Larsen Civil Rights Act, prohibit workplace harassment and discrimination based on certain protected characteristics. Targets of workplace bullying that are based on a protected characteristic, such as race, sex, religion, age, or disability, may have claims under one or more of these laws. 

You may be able to pursue a lawsuit against your employer if it ignored your complaints, failed to investigate, or retaliated against you for reporting bullying related to a protected characteristic. If the abuse has been severe, targeted, and ongoing, you may have a hostile work environment claim. 

Constructive Discharge Claims Based on Bullying

When workplace bullying becomes intolerable, many employees quit or transfer to a different position (often with lower benefits). If your workplace is so hostile or unsafe that a reasonable person in your shoes would resign, the law may view your resignation as a “constructive discharge.” 

If you are constructively discharged, you can pursue all legal remedies that would have been available if you had been fired without cause. This may include back pay, reduction of wages, reinstatement, unemployment benefits, compensation for unused PTO, contractual damages, and other types of relief.

A successful constructive discharge claim usually involves proving that a long-term pattern of wrongful conduct created an ongoing, intolerable environment. However, a single instance of especially egregious conduct may be enough. An experienced attorney can help you understand the likelihood of success based on the facts of your case.

How To Protect Yourself and Pursue Justice

Sommers Schwartz, P.C., fights for employees who have been forced to endure harassment or abuse on the job. If you are experiencing or have experienced workplace bullying, contact the employment law team at Sommers Schwartz, P.C., to arrange a free, no-obligation consultation.  Ruthless management and cutthroat business practices can allow abusive behaviors to fester, driving out hardworking employees. If you’re currently experiencing workplace bullying or have recently walked away from a toxic job, you may be able to take legal action. Our team will stand with you and help you move forward toward justice.