Should I sue my Employer? Thoughts?

LNEEDHELP on 23/07/2016 - 03:50

Hi all, just wondering if anyone has any experience in this situation when dealing with bullying, harassment, victimisation, discrimination and a lot more other issues in the workplace? I have overwhelming evidence to back up all my claims, but I was wondering how the process is before, during and after a court case? Is there any downside by filing a lawsuit against a major company? Would it ever show on my records as a black mark that I have filed a case before which might affect my future job prospects? Is it better to represent yourself or with a lawyer? What are the minimum costs involved to pay court fees and such? I have many more questions, but I just want to start off with the basics for now.

Cheers.

Education & Work

Comments

  • blitzzbargain on 23/07/2016 - 04:14
    +8

    I am not a lawyer or understand about legal. But I strongly suggest to get a legal advice from a professional..

  • gto21 on 23/07/2016 - 04:19
    +6

    A few important step you should consider before lodging a complaint.

    Firstly, you have to discuss the issue with someone. Talk to someone who's above the bully like a manager. You can speak directly to the bully if you want but it's not necessary. After informing a manager, if the issue is not resolved you can speak to the HR department. In some cases you can go directly to HR, for example: if the bully is your store manager. If HR don't do anything about it, then you can lodge a formal complaint. Usually, contact your Manager and HR by e-mail so you always have a proof that to tried to resolve the issue internally.

    Secondly, It's important to keep a diary of those incidents. Write as much details as possible: date, what happened, witness, time etc.. I know in victoria you will need to show 5 examples of bullying.

    Thirdly, if you too stress at work. Please go see a doctor and take some sick leave. In some cases, you can also apply for work cover. I'm serious stress can make people sick.

    Finally, it might be a good see if your company have policies against bullying. And do a bit of reading about the law in your state. And make sure you meet the definition of bullying. Please if you can share with us some incidents, we might be able to tell if it can be considered as bullying or not.

    I think that the first few step you should take before considering lodging a formal complaint; if I forgot something I'll add more later.

    Since your working for a major company, i would think HR will take a formal complaint seriously if you e-mail them.

  • newsim on 23/07/2016 - 04:24
    +4

    As much as I sympathize with the situation you must been in, I would seriously consider the toll (emotional , financial , social) of a law suit against your employer. There is very little that you will get in return for the time you spend in it. Even you win the case, the return for you is virtually nothing. Australian legal system largely awards damages only for actual verifiable economic loss.

    IANAL and you should certainly get significant paid legal advice before you embark on any of this. In addition to the lawyer I would also suggest visiting a mental health professional to better understand its effect on your own health.

    At the end of the day, the most important thing is your health. Best wishes on whatever you decide on doing OP.

  • NEEDHELP on 23/07/2016 - 04:29

    Awesome replies so far, is it best to say I will file a lawsuit in my resignation email or resign then start the process of the court case and they will eventually hear about it then? It's a Telecommunications company we're dealing with here. There is too much evidence, we're a small tight team and almost everyone resigned because of this person. It doesn't help when Managers are best friends with Area Managers and so on. HR are no help at all and either back up their Managers or take your concerns as feedback only. I will get into more in depth information as we get a few more replies to see what else people say and recommend. Is the limit 3 months on taking sick leave and non paid leave? Or is it only until you're fully fit to return to work?

    • gto21 on 23/07/2016 - 04:41
      +2

      If you can prove to fair work that you're getting bully. They will send an officer to your workplace. However, I don't know what happens after that. But maybe you don't have to quit and it can get resolve?

      But if you feel the best decision is to quit. This one might sound weird. However, it's very important when you quit do not write "I resign" in your letter. It will make it much harder to prove in court that you left because of bullying.

    • Geewhizz on 23/07/2016 - 07:43

      I may be wrong, but it sounds as though you are going by what you see as other people's experiences when making reports, rather than doing so yourself, because you feel your complaints will be ignored?

      However you MUST do so. Best case scenario the bully will be made to see the error of their ways and life will get a lot easier for you and others. Worst case, you will be brushed off and ignored. If the behaviour escalates after you've made a report, report again.

      I'd be talking to the Fairwork Ombudsman after that.

      BUT if you don't report, no lawsuit against them is likely to succeed, because they couldn't have been expected to fix something they can say they did no know about.

    • shroomish on 23/07/2016 - 14:56
      +2

      GO SEE A LAWYER. all internet advice is superceeded by real lawyer talk.

  • whooah1979 on 23/07/2016 - 07:32
    +2

    what are you hoping to achieve by suing your employer? a fat payout, pay raise, better working conditions, the alleged bully getting sacked?

    • airzone on 23/07/2016 - 08:57
      +1

      First and last one I suppose. Suing your company generally limits your future prospects there. It will also be educational to the company involved - it will show that it's no OK to do nothing about workplace bullies.

  • RockyRaccoon on 23/07/2016 - 08:00
    +3

    You say others have been victims of this as well.

    Have you discussed this with them.

    In any court case having others verify what you have experienced is vitally important - otherwise its you say they say.

    Plus as others heer also say, if you have a history of complaints to HR etc, then you have further "evidence" which you need to have your own copies of.

    Sucessful court cases require evidence and good (& often expensive) lawyers. Those with Unions backing them would tend to do better than lone actions.

    You say the bully has friends in high places, so expect those friends to support the bully with good legal representation.

    As Wooah says, what is your motivation here. There are other ways if its not money that motivates you.

    And its going to take a toll on you, also keep in mind other employers are going to be a little afraid to take you on, as the existing employer is going to try and make you out (in court) that you are an unsatisfactory employee.

    Also be very careful taking sick leave without medical advice, as this could be used against you.

    Its like everything legal, if someone defends strongly, then its going to be harder to prosecute

    • bluesky on 23/07/2016 - 16:43

      Adding to what RockyRaccoon has said, the company may have lots of resources to throw at your court case. It is not the individual workers' money, just the company's money, so they can afford to go to lengths. Whereas, you have to fund your own case, at least until you win - which is not 100% assured.

      Not saying you should not do so, or be cowed, but definitely seek professional advice first, and consider the toll on you and your family. They can even drag it out, with appeals, even if you win.

  • CyberMurning on 23/07/2016 - 08:25
    +1

    Be careful not to tell too much info here maybe one of people in company can guess your identity

  • altomic on 23/07/2016 - 08:43

    Could you provide some incidences? I'm curious.

    • altomic on 23/07/2016 - 15:21
      +3

      2 negs. ok. I can dig it. my curiosity is wrought from working as a Worksafe claims manager for 3 years. I managed many stress claims, which involved bullying, harassment, victimisation, discrimination and a lot more other issues in the workplace.

  • Peck on 23/07/2016 - 09:24
    +2

    lots of good advice given here already, but I would certainly seek professional advice before you resign or do anything else, and steel yourself for a long stressful battle.

  • mskeggs on 23/07/2016 - 09:25
    +3

    Are you in a union, or can you join one. They have experience work place lawyers on staff for their members to talk to, usually free.

  • teardrops21 on 23/07/2016 - 14:00

    If you work for me then don't sue.
    If you don't work for me, then lawyer up.

  • RobMel on 23/07/2016 - 16:25
    +1

    You should consider what it could do to your career in the long term.
    It's a small world and quite a boys club between many companies.
    Is it really worth it?

    By the sounds of it you likely have the law on your side.
    You might get justice.
    You might even get some money, lawyers will have their share I am sure.

    But will you keep a career in the industry in the long run?

    Have been on the receiving end of bullying a few times.
    Luckily got a package once out of it.
    But also met a few bullies again in future work places. Not in my direct line of management, but still.
    It is a small and unfair world.

  • NEEDHELP on 23/07/2016 - 20:07

    I would like to sue for damages such as loss of income, depression, anxiety, suicidal and so many other things. I've been off work for the past few months on leave. Few examples of the bullying are, being given higher targets than the Manager and a few other colleagues when I have the least amount of worked hours, get left alone at nights to work myself for 3-4hours without being able to go to the toilet or anything else, I got stuck in a lift at work which kept going up and down throwing me around for about 2-3 minutes because of a malfunction/glitch from which I blacked out and was unconscious while having head spins and was feeling ill, yet the Manager didn't care when I messaged and made me work, was always told to not contact the Manager at all outside of work hours even if they were emergencies, I was purposely rostered on for days that I was unavailable. The list is much bigger, but these are some example of what I have gone through.

    • bluesky on 23/07/2016 - 21:00

      I am very sorry to hear your account. It is clearly having an adverse effect on your mental health. You should really see a mental health professional as well. It is important that the decisions you make, whatever they are, are made in a rational frame of mind, and serve your best interest. And not coloured by possible issues such as depression, anger etc.

  • FirstNameLastName on 23/07/2016 - 21:39

    date and diarise.. documented examples of behaviour important.. don't need evidence, investigation team will gather that and talk to employees to get an understanding of the culture. in these cases, it's not a matter of 'beyond reasonable doubt'.. findings are based on 'balance of probability'.. is it more likely to have happened or not.

    your organisation prob has a contact officer.. you could meet this person who will help talk thru your options.

    outcomes depends upon which state you are in.
    in vic there is 'brodie's law' which is due to a suicide of a young bullied girl :(
    so in vic, there can be jail time in serious situations.
    other states may adopt same very soon.

    fines dished out by commission won't go to your pocket.
    but mediated settlement will.. so speak to a lawyer who does no-win-no fee work.

    (btw if your well-being is at stake, most large organisations have a free-call psychologist chat thing.. employee ass. program)

  • Geekomatic on 26/07/2016 - 10:42
    +1

    I went up against a bigoted, misogynistic, narcissistic bully of a manager when the entire workplace became untenable. Everyone was angry or depressed. However, when I stepped up, everyone else stepped back- lol. It wasn't funny at the time, but I really didn't care because I'd already chosen to leave.

    It turns out that HR are actually there to quash any bad things getting out about the company— so don't hold any hope there. Anything said to HR becomes ammo against YOU.

    In the end, the guy resigned within a day after our final meeting. Right before he left, he wanted me to sign something stating I had attended the meeting or such (I knew it was a scam- trying to get something on paper) & I refused. It was pure JOY to see him fuming around the place all that day! I didn't know about the resignation until we'd all been called to a meeting the next morning. It was very rewarding. I quit for a better job within a few weeks.

    FWIW

  • NEEDHELP on 26/07/2016 - 17:44

    It sucks when HR are there for no reason when they don't care. They actually support their Managers even though all of the lowest workers down the chain make all the big companies who they are today! In these situations, roughly does someone determine how much to sue for, would the company maybe avoid court and pay an undisclosed amount outside of court to prevent bad reputation and such?

    • Ughhh on 26/07/2016 - 17:54
      +1

      Afaik, HR work for the company, not for you, the worker. Be careful with what you tell them.

    • bluesky on 26/07/2016 - 19:52

      They may prefer to settle. Or they may prefer to make you an example. It depends on so many factors. Including how much the company values the "bully". If this is sales, maybe the company considers him or her a star performer. You get my drift …

  • NEEDHELP on 26/07/2016 - 20:15

    In the space of 6 months we had 9-10 resignations, a new manager has come in now and there hasn't been any at all. That has to say a lot doesn't it? I could just picture them saying that previous employees didn't like the new direction we were going in and didn't want to adapt so that's why they resigned. lol

  • NEEDHELP on 26/07/2016 - 20:17

    A previous reply states not to say I'm resigning from my position, how else am I meant to resign without mentioning the word? I was going to mention all my concerns upon my resignation letter and say resign with it.

  • Hardlyworkin on 03/08/2016 - 23:01

    Needhelp or Needmoney?

    It seems like the reasons for you taking this further are money driven? If you are serious about having this behavior stopped then you should put in a bullying claim with your state OH&S provider. Any decisions made will be based upon available evidence. This may not result in much money in your pocket though you might receive some compensation and help to have the behavior stopped at that company/location. Whilst you're still working there you could also lodge an application with the FWC for a stop bullying order, this will unlikely result in $$$ though.

    Otherwise if you have a strong case then you can probably go through lawyers for a no win no fee situation. Keep in mind though the other option is that you could spend a lot on legal fees and much of any possible money gained goes towards that. Also depends on what this evidence is (emails/texts etc)?

    As far as showing up on your records? There is no magic database of records though if it did proceed to court then your name may appear in a google search. If you do leave the job it will help if there is someone in a management position who you could use as a referee. Otherwise people do talk and then there is social media, these are realities.

    As noted get some legal advice and decide if your are after money or something more

    • FirstNameLastName on 04/08/2016 - 00:09

      Good advice.
      Definitely helps to ask what outcomes a complaintant seeks.
      ('needhelp' joined ozb 2 years ago but still a relevant handle i guess!)

  • NEEDHELP on 31/08/2016 - 00:00

    Is it best to mention the lawsuit in my resignation email or just hit them up through my Lawyer and let them receive a written letter stating the start of the lawsuit?

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