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Mobbing Defenses

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What Is Mobbing?

Mobbing occurs when a group of persons collaborates to harass, intimidate, bully, or pester one person. In a work environment, this can happen in a very subtle manner, or it can also happen quite openly. Mobbing is often covered under bullying laws and policies.  However, many workplaces are still in the process of implementing anti-bullying rules. Mobbing can therefore go unreported in many cases.

How Does Mobbing Affect a Worker?

Mobbing can cause a worker to:

  • Lose focus or interest in their work tasks
  • Suffer emotional or mental distress
  • Resign from their position (often without informing their employer of the true reason why)
  • Miss out on promotions and other opportunities
  • Perform tasks for the bullying parties

Thus, mobbing can cause serious disruptions in the workplace. It can lower the overall cohesiveness and morale of a workforce, and can cost businesses significant losses in profits over the years.

Are There Any Defenses for Mobbing?

On the other hand, there can often be some defenses to mobbing claims. These include:

  • False accusations
  • Not actually involved with the group (may be wrongly associated with the group)
  • Mistaken identity
  • No damages (damages must be proven in order to succeed on a legal claim)

For instance, if the plaintiff did not actually suffer any measurable or verifiable losses, the defendant or defendants might be relieved of any civil or criminal liability. Lack of evidence is also a common defense in mobbing cases.

Should I Hire a Lawyer for Help with a Mobbing Claim?

Mobbing is an old phenomenon, but laws covering mobbing may be relatively new. You may wish to hire a lawyer if you have any questions or concerns regarding mobbing, bullying, or workplace harassment. Harassment lawyers can provide you with legal representation and advice for your situation. Also, if you need to appear in court, your lawyer can be on hand to support and guide you through the process.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 06-16-2015 10:46 AM PDT

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