Defense Against Harassment by Colleagues in the Workplace
The workplace should be an environment of collaboration and professional growth, but unfortunately, it can transform into a hostile setting due to interpersonal dynamics. When harassment, marginalization, or psychological persecution comes from colleagues at the same level, it is referred to as horizontal mobbing. This form of psychological violence is insidious and often difficult to prove, but it can cause serious damage to the victim's psychophysical health. Understanding that you are not alone and that the law offers concrete tools for protection is the first step to reacting. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists those who are victims of these dynamics, offering legal support aimed at restoring professional dignity and obtaining fair compensation for the harm suffered.
The Regulatory Framework and Company Liability
In the Italian legal landscape, horizontal mobbing is not governed by a single specific law but is founded on various constitutional principles and the Civil Code, particularly Article 2087. Although the harmful actions are perpetrated by colleagues (and not by superiors, as in vertical mobbing), the employer is not exempt from liability. The law imposes on the company the obligation to protect the physical and moral integrity of its employees. Consequently, if the employer is aware of the harassment or should have been aware of it through ordinary diligence and fails to intervene to stop it, they can be held liable for damages jointly with the actual perpetrators of the illicit conduct. Case law has clarified that the company has a duty to monitor and actively intervene to prevent the work environment from becoming detrimental to the worker's health.
The Bianucci Law Firm's Approach to Horizontal Mobbing
Addressing a case of horizontal mobbing requires a meticulous defensive strategy, as the burden of proof often falls on the injured worker. Avv. Marco Bianucci's approach, as an expert lawyer in damages compensation in Milan, is based on a thorough analysis of the situation and a precise reconstruction of the facts. The firm works closely with the client to gather and organize all useful elements: testimonies, written communications, medical reports, and medico-legal expert opinions that attest to the causal link between the harassment suffered and the pathology developed. The primary objective of the Bianucci Law Firm is not only to obtain financial compensation for the biological, moral, and existential damages suffered but also to protect the client's reputation and professional future. Every legal action is carefully evaluated, prioritizing an out-of-court settlement when possible, which ensures faster resolution and less stress for the victim, while remaining ready to defend the client's rights in court with firmness and expertise.
Frequently Asked Questions
What is the difference between vertical and horizontal mobbing?
The substantial difference lies in the perpetrator of the harassing conduct. In vertical mobbing (or bossing), the harmful actions come from a hierarchical superior or the employer themselves. In horizontal mobbing, however, the harassment is carried out by colleagues of equal rank, often due to envy, competition, or exclusionary group dynamics. However, in both cases, the legal consequences and the possibility of claiming damages follow similar principles, often involving the company's liability for lack of oversight.
What evidence is needed to prove harassment by colleagues?
The collection of evidence is the most delicate phase. Documentary evidence such as emails, messages, or service notes demonstrating isolation, denigration, or work sabotage is fundamental. Testimonies from other colleagues or former employees are equally important. From the perspective of damages, it is essential to produce medical certificates and expert reports that attest to the onset of pathologies (such as anxiety or depression) directly linked to the work environment. Avv. Marco Bianucci guides the client in selecting the most effective evidentiary material.
Can I claim damages from the company even if my colleagues are harassing me?
Yes, you can. According to Article 2087 of the Civil Code, the employer has the obligation to ensure the physical and moral integrity of employees. If the company was aware of the conflict situation or could have become aware of it and did not take appropriate measures to protect the victim (culpa in vigilando), it is civilly liable. The claim for damages is therefore often directed at both the perpetrators of the conduct and the company for the lack of protection.
How much time do I have to take legal action?
The statute of limitations for an action for damages from mobbing is generally ten years if the liability is contractual (based on the employment relationship and Article 2087 of the Civil Code), while it is five years for non-contractual liability. However, it is crucial to act promptly to prevent evidence from being lost and to stop the harmful conduct as soon as possible. A timely assessment with an expert lawyer allows for the situation to be clarified and the correct procedure to be initiated.
Request a Case Evaluation in Milan
If you believe you are a victim of horizontal mobbing and are suffering consequences to your health and career, do not wait for the situation to worsen. Avv. Marco Bianucci is available to analyze your story with the utmost confidentiality and professionalism. At the Milan office located at Via Alberto da Giussano, 26, you can explain the details of your situation and receive a clear opinion on the possibilities for action and the best strategies to obtain fair compensation. Contact the firm to schedule an initial consultation and begin the process of protecting your rights.