Recognizing mobbing and protecting your rights

Experiencing systematic harassment in the workplace is an experience that can profoundly compromise a person's psychophysical well-being and career. If you feel isolated, persecuted, or devalued professionally, it is crucial to understand that you are not alone and that the law offers concrete protection tools. Dealing with a mobbing situation requires clarity, strategy, and the support of competent legal guidance. As an attorney specializing in compensation for damages in Milan, Avv. Marco Bianucci assists workers experiencing this difficult condition, providing the necessary support to assert their rights and obtain fair compensation for the damages suffered.

Mobbing according to the law: when behavior becomes unlawful

Not every conflict or difficulty at work constitutes mobbing. From a legal perspective, mobbing is defined as a series of persecutory and harassing behaviors, carried out systematically and over a prolonged period by the employer or colleagues, with the intent to harm the worker's dignity and health. To speak of mobbing, jurisprudence requires the presence of precise elements: the repetitiveness of hostile actions, the duration of the behavior over time, a clear persecutory intent, and, above all, proof of damage to the victim's health or professional standing. These acts can manifest in various ways, such as marginalization, assignment of demeaning tasks, continuous and unfounded criticism, or the spread of gossip.

Types of compensable damages

The damage resulting from mobbing is not only economic but profoundly affects the victim's personal and psychological sphere. The law provides for the possibility of claiming compensation for different categories of damage, which must be carefully proven.

Pecuniary Damage

This category includes all direct economic losses suffered by the worker. It may include reimbursement of medical expenses incurred to treat stress-related disorders (such as specialist visits or psychological therapies), loss of career opportunities or seniority increases, and damages arising from any unlawful dismissal or resignation for just cause induced by the unbearable situation.

Non-Pecuniary Damage

This is the most significant component of compensation and is divided into several categories. Biological damage represents the injury to the person's psychophysical integrity, ascertained through a medico-legal expert examination. Moral damage consists of the inner suffering and emotional distress experienced by the victim. Finally, existential damage refers to the worsening of the quality of life and the impairment of relational and social activities due to the state of prostration caused by mobbing.

The approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an attorney specializing in compensation for damages in Milan, is based on a rigorous and personalized analysis of each individual case. The defense strategy begins with careful listening to the client, followed by the meticulous collection of all necessary evidence to demonstrate the persecutory conduct: emails, messages, service orders, testimonies from colleagues, and, above all, medical certificates attesting to the causal link between the work environment and the damage to health. The goal is to build a solid evidentiary framework to support legal action, both in the pre-litigation phase, to attempt conciliation, and in any potential lawsuit, to obtain full compensation for all damages suffered.

Frequently Asked Questions

How can I prove I am a victim of mobbing?

The burden of proof for mobbing rests with the worker. It is essential to collect and preserve all useful elements: emails with hostile tones or unreasonable requests, messages, environmental recordings (within legal limits), testimonies from former colleagues or informed individuals. Medical documentation attesting to the onset of pathologies (anxiety, depression, insomnia) and their connection to work events is also crucial.

How long do I have to take legal action for mobbing?

The statute of limitations varies depending on the nature of the liability. Generally, for the contractual liability of the employer (who has the obligation to protect the employee's integrity), the term is ten years. For non-contractual liability (e.g., of a colleague), the term is five years. However, it is crucial to act promptly to avoid compromising the ability to gather effective evidence.

How much can compensation for mobbing amount to?

There is no fixed amount. The quantification of compensation is personalized and decided by the judge based on various factors: the severity and duration of the harassment, the extent of the biological damage ascertained by the medical examiner, the consequences on the victim's professional and personal life, and the moral suffering endured. A precise assessment can only be made by analyzing the specific case in detail.

Contact the firm for an assessment of your case

If you believe you are a victim of mobbing and wish to understand your rights and possible courses of action, you can contact the Bianucci Law Firm in Milan. Avv. Marco Bianucci will provide an initial legal opinion on your situation, analyzing the case elements with professionalism and confidentiality to outline the most appropriate strategy to protect your dignity and obtain fair compensation.