Bullying – How to Stand Up to Harassment at Work

Ignoring, excluding, constant interruptions, relentless criticism – workplace bullying has many faces. And it’s more common than you might think. In part one of our series, *Tina and *Fabienne share their personal experiences.

Tina, a video producer, social media manager, and content creator, was in her mid-twenties when she started working at a startup. She was the only woman on the team. Her predecessor warned her about the boss: «He’s nice, but he can get loud.» Tina made herself a promise: If he ever yells at me, I’ll quit. What followed tested her limits – constant criticism, questioning of her competence, an unreasonable workload, and inappropriate personal questions. The tone at work was harsh and unrelenting.

Fabienne’s experience was different – her bully wasn’t a superior, but a colleague. «It took me a long time to admit I was being bullied,» she says. Her co-worker rarely greeted her, excluded her from lunch breaks and workflows, and humiliated her in front of others.

Regula Mullis Tönz

As someone affected, you can file a claim for wrongful dismissal in the case of an abusive termination.

Employers are legally obliged to uphold their duty of care

Proving bullying lies with the affected individuals. Creating a work environment where employees feel safe and are able to thrive, however, is the responsibility of the employer. This is enshrined in Swiss law: «The employer shall respect and protect the personality of the employee, take due account of their health and ensure that morality is upheld (...)», states Article 328 of the Swiss Code of Obligations. Employers have a legal duty of care.

This means that employees must be informed and educated about what steps to take if they experience bullying or mistreatment at work. «Unfortunately, this kind of awareness is often lacking,» says Regula Mullis Tönz, lawyer and member of the Network for Work and Conflict. But it also means that employers are obliged to act: If a violation of personal integrity is reported, they must take appropriate measures to protect the affected person. These measures vary depending on the situation. «In any case, the first step is to clarify the facts,» says Mullis Tönz.

For those affected, it's important to understand: the burden of proof lies with them. Victims of bullying must document and prove the behavior (see tips at the end of the article). The more detailed records, documents, or structured accounts they can provide, the better. If the allegations are substantiated, various consequences are possible – ranging from a formal warning to a warning with the threat of dismissal, or even immediate termination in severe cases. Other options include reassignments or restructuring of teams.

If the employer fails to act, you can take legal action.

And what if nothing happens? Or worse – if the affected person ends up facing consequences themselves, such as being dismissed? In such a case, the employer is failing to meet their duty of care – and that can have legal consequences.
«As someone affected, you can file a claim for wrongful dismissal,» explains Mullis Tönz. «According to the law, compensation of up to six months’ salary, damages, and reparation may be awarded.»

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A well-known example is the case of Nestlé: former manager Yasmine Motarjem was subjected to systematic bullying for years before eventually being dismissed. In late 2022, she won her legal battle against Nestlé – after an eleven-year court case. The judges ruled that the company had not done enough to protect her from bullying. The global corporation was ordered to pay Motarjem two million Swiss francs in lost wages, symbolic compensation, and CHF 100,000 in legal fees. The ruling is considered groundbreaking. Still, Mullis Tönz emphasizes: «Litigating in cases of integrity violations is challenging, and the legal threshold for claiming damages remains high.»

Tina and Fabienne chose a different path. Tina had promised herself, «If he ever yells at me, I’ll quit.» And she did. Afterward, she left the industry for a few months, seriously considering stepping away from the social media world.
«I worked at the COVID hotline for half a year – it was exactly the right decision. The hours were structured, I could read a book by the lake during lunch, and truly disconnect in the evening.» But over time, she started missing creativity. She wanted to come back.

Fabienne

I cried so much during that time. I loved my job. But in the end, I had lost all joy in my work.

«But one thing was clear to me: I want an employer who doesn’t put my mental health at risk. And that’s what I have today. With my new boss, I first had to relearn that I’m allowed to trust – that in a healthy work environment, leaders don’t want to harm you.»

For Fabienne, the situation began to ease only slightly when a new colleague joined the team. «Then she targeted the new one,» she recalls.
By that time, Fabienne was already suffering from depression – largely due to her work situation. «I cried so much during that time. I loved my job – it was a real jackpot, right after university. But in the end, I had lost all joy in my work.»
She started therapy and, after two years, made the decision: I have to quit.

Today, two years later, it’s hard to imagine. When Fabienne speaks, there’s calm in her eyes and quiet confidence in her voice. She radiates the kind of strength many women show after surviving something difficult – steadier, more grounded than before. Now she holds a leadership position in a different field. When she talks about it, she beams: «I’m lucky I could take something positive from that time: I now know exactly the kind of leader I never want to be. And today, I get to be the boss I didn’t have back then.»

How to Stand Up to Workplace Bullying

What can you do if you feel like you're being bullied – or simply don’t feel safe or respected at work? Here are the most important steps you can take. First: legally proving bullying can be difficult. That’s why it’s crucial to act early, gather evidence, and seek legal advice as soon as possible.

Address conflicts early: Bullying situations often don’t begin overnight – they usually start with conflict or small issues. Try to raise concerns early and speak directly with the person involved. If needed, ask a trusted colleague or supervisor to join the conversation.
Know your company’s policies: Your employer is required to inform you about procedures for dealing with conflicts, bullying, or integrity violations. If this hasn't happened, check your employee handbook or contract for relevant information. If you still can’t find anything, ask HR or your supervisor – if the situation allows.
Speak up: If you feel you're being bullied or treated unfairly, it’s important to report it as soon as possible. Your employer can only act if they are aware of what’s happening. Depending on the case, there are different steps to take:
Bullying by colleagues (same level): Inform your direct supervisor and ask for a resolution. If nothing changes or you feel unsupported, request another meeting – with your supervisor or HR. Bring a legal representative or advisor with you for support.
Bullying by supervisors (bossing): Speak with trusted colleagues if possible. Contact HR or the designated internal authority. Bring a lawyer or legal counsel to ensure the process is handled correctly.
Bullying by employees toward a manager (staffing): Talk with peers you trust. Reach out to HR or the relevant internal body. Again, legal support is strongly recommended.

If you don’t feel comfortable turning to internal channels, you can always seek support outside the company. There are several professional organizations that specialize in workplace issues – including cantonal offices for gender equality, trade unions, and the Swiss network «Arbeit und Konflikt” (Work and Conflict).

Take out legal protection insurance early: Some legal protection insurances offer support in cases of workplace bullying – for example, ellexx legal protection. They help assess your situation, provide legal advice through a lawyer, and may cover some of the associated costs.
Keep a bullying diary: Write down incidents, remarks, and situations in detail. Include the date, time, place, people involved, and what was said or done. This documentation helps you process events and serves as important evidence in internal or legal proceedings.
Preserve evidence: Save emails, chat messages, text messages, notes, and any other documents that support your experience. The more you can prove, the stronger your case in both legal and internal investigations.
Find witnesses: If you trust colleagues, speak with them about what has happened. Ask if they have noticed anything and whether they would be willing to serve as witnesses if needed.
Seek legal advice: Contact a lawyer or another legal expert early. They can help you navigate procedures, advise you on your rights, and accompany you to meetings with supervisors or HR.
Get psychological support: Bullying can seriously impact your mental and physical health. In addition to legal help, consider seeking psychological counseling. Various professional networks and public services can assist you.
Document your actions: Keep records of every step you take: emails exchanged with HR or supervisors, summaries of meetings, and a timeline of your actions. Clear documentation is critical for demonstrating your efforts in resolving the issue.

*Name of the editorial team known. For transparency: This article was first published in German on April 25, 2023.