"I'm so upset.
I just want to sue!" declared an angry employee.
She had taken enough abuse from a workplace bullying situation.
Someone should pay.
Many employees share her plight.
But is it all that easy to sue a workplace bully? Not really, say legal experts.
Before you expose your complaint to all and open your wallet to an attorney, think about this: 1.
Has your state, province, county, city or shire passed healthy workplace legislation i.
e.
a law against bullying in the workplace? Without a law in place, it is extremely difficult if not impossible, to sue for bullying at work.
To date, only a few places have laws against workplace bullying.
Sweden, Ireland, the United Kingdom, two Australian states and two Canadian provinces protect workers from workplace bullying.
Laws against bullying at work have been proposed but not passed in about a dozen U.
S.
states.
Each of these laws defines workplace bullying differently, require different standards of proof and offer different kinds of redress.
2.
Assuming that you live in a country or state that does have a law against workplace bullying, do you have a lawyer well versed in the law.
  You need a lawyer who knows the law and has experience bringing cases such as these before the court.
You also need a lawyer who will evaluate your case honestly and tell you if the facts will support a lawsuit.
Without those elements, you may be letting yourself in for a costly and worthless legal battle.
  Consider this: We recently talked to a person who spent $60,000 on a lawsuit against his bullying boss.
That money was his retirement income.
Now he is more tired and more hopeless than ever.
Plus, he has no choice except to work.
3.
Have you documented the facts of your workplace bullying? A lawyer will want to see a log of the incidents that make up your complaint.
The log should cover every incident of workplace bullying: who was the bully, what happened to you, when it occurred, and what the incident involved.
Keep these factual records in a safe place.
Also, record them as facts-that's what interests your lawyer.
Steer clear of emotion.
4.
Do you have witnesses who have seen the bullying incidents and will speak on your behalf?  This point is particularly tough.
Many people, even if they know you have been bullied, don't want to get involved.
They have their own jobs to protect.
Don't expect that people in your office will come running to your defense.
No matter how badly you or they have been treated, they most likely won't.
While everything we've said so far may discourage you from suing, we're well aware that workplace bullying goes on.
What can you do if you can't either sue, or choose not to? o Are there policies in place in your company that protect you against workplace bullying? Only a few progressive companies have policies such as these at this time.
Expect more companies to do so as people become more aware of the seriousness of workplace bullying.
o If a policy exists, is it enforced? It's one thing to have a policy on the books; it's another to see that it's enforced.
Some things to look at: Do managers take complaints about workplace bullying seriously? Do managers take action against workplace bullying? Is everyone aware of the policy and procedures in order to feel safe and comfortable to utilize them if need be? o Have you tried your company's Employee Assistance Program (EAP)? Many companies have EAPs that offer counseling services to employees free of charge.
Here you can air your grievances and receive some personal support.
Usually you will not receive strategic company advice that will stop the situation.
There's no doubt that more countries, provinces, states and cities need to pass laws and create company policies against workplace bullying.
The issue is still in its infancy, however.
Just like laws against other human rights abuses such as discrimination and sexual harassment, anti-workplace bullying legislation will someday be a fact of business life.
Our first step is awareness.
Stopping workplace bullying is everyone's responsibility.