Workplace bullying severance is not automatic, but the case of a dismissed employee at the VW plant in Chemnitz shows it can be achieved. The worker proved systematic bullying and obtained a six‑figure settlement.
Workplace Bullying Severance: What Influences the Amount
Mobbing at work is not a precisely defined legal term, but it describes repeated hostility, harassment, or exclusion over a prolonged period. Typical examples include frequent insults, withholding information, assigning meaningless tasks, or social isolation. When such behavior becomes so severe that it endangers the employee’s health or makes the work environment intolerable, a dismissal may be deemed unjustified.
Employers have a duty of care toward their staff, which includes protecting them from bullying. If they fail in this duty and instead dismiss the bullied employee, the termination can be viewed as socially unjustified. In practice, employers sometimes try to remove bullied workers by citing operational or personal reasons. If the real motive is bullying, a court may invalidate the dismissal.
The biggest hurdle in bullying cases is proving the claim. In court, the principle “who asserts must prove” applies, meaning the employee must demonstrate that they were actually subjected to bullying. Isolated incidents are insufficient; the conduct must be shown to be systematic and repeated.
Strong evidence includes a detailed diary logging each incident with date, time, location, and persons involved. E‑mails, chat logs, witness statements from colleagues, and medical certificates documenting psychological strain are also valuable. In some instances, works council minutes or statements from supervisors can be used. An employment‑law specialist can advise which evidence is most persuasive in a given situation.
It is crucial not to delay. Under the Dismissal Protection Act, a claim for unfair dismissal must be filed within three weeks of receiving the notice of termination. Missing this deadline usually makes the dismissal effective, even if bullying was the true reason. The article Winning a dismissal protection case – and still getting fired? Why court statements can backfire illustrates why thorough preparation matters.
The VW Chemnitz example demonstrates that courts take bullying seriously. An ex‑employee was able to show systematic harassment at work and was awarded a six‑figure sum. This sends a clear signal: anyone who can substantiate bullying has a good chance of obtaining a severance if the employer cannot uphold the dismissal.
Every case is unique, and there is no guarantee of a high payout. The amount depends on many factors, such as length of service, the employee’s age, the severity of the bullying, and the company’s financial situation. The conduct of both parties also plays a role. Often disputes are settled through a compromise where each side makes concessions.
When assessing workplace bullying severance, courts consider tenure, age, the intensity and duration of the bullying, any health consequences, and whether the employer neglected its duty of care. Age and prospects in the labor market are also relevant. Those seeking a severance for workplace bullying should not accept the employer’s first offer; negotiating often yields a higher amount. An experienced lawyer can help determine a reasonable range.
If you are affected by bullying at work, proceed step‑by‑step:
- Record every incident in a diary with date, time, place, and those involved.
- Talk to a supervisor or the works council and describe the situation factually.
- Preserve e‑mails, messages, and other written evidence.
- If you suffer health problems, consult a doctor and obtain a certificate of psychological strain.
- Learn about your rights and observe deadlines – a dismissal‑protection claim must be filed within three weeks of receiving the termination notice.
- Seek early professional advice – ideally from an employment‑law specialist who can evaluate your chances of success.
A lawyer can also judge whether an out‑of‑court settlement makes sense or whether litigation is advisable. If you are wary of the financial risk of a court case, a litigation funder such as RechtStark can cover the costs. RechtStark is not a law firm and does not provide legal advice or representation; the decision whether and how to proceed is made together with your chosen attorney.
The Chemnitz case shows that standing up to bullying can be worthwhile. A six‑figure severance is a powerful signal – not only for the victim but also for employers who tolerate bullying in the workplace. If you are affected, do not be discouraged. With solid documentation, expert guidance, and the right strategy you can enforce your rights.
Act early, seek help, and remember that the obstacles, while high, are not insurmountable. Anyone who can prove bullying has realistic prospects of obtaining compensation. Use the protections offered by employment law and obtain support from an independent employment‑law lawyer.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.