Resigning, the solution to harassment?

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The depression is sometimes a bad counsellor. Do you feel exhausted and harassed? Perhaps we must first make sure what we are talking about. “Be careful, there is only harassment if there are repeated facts, insists Didier Schneider, author of the book Employees, how to avoid the pitfalls of dismissal. A wrong word, out of nervousness, fatigue or any other reason is not in itself harassment. Christian Gury, author of the book The 5 keys to bounce back and steer your career recommends a preliminary inventory before acting. “If you are constantly denigrated by your manager, for example, you must first check with your colleagues that this is not just an impression. “And if not, it is better to take a few measures and quickly…

“It's good to fight, but you can also choose to turn the page and take an opportunity elsewhere.”

Protect yourself … now

Before any hasty decision, Didier Schneider advises to speak to the principal concerned. “Faced with a harasser in spite of himself, the simple fact of talking to him about it, ideally with the presence of a staff representative or, failing that, another witness, can be enough to calm things down.” But this former staff representative knows that it's rarely that easy. “Afterwards, if we hit hard and it is a management method, of operation in the company, it will be more difficult. It is therefore better to have good unions, good delegates, bodies such as the CHSCT which act effectively, a vigilant and active occupational physician. “If the symptoms persist, it is necessary to address the general management in writing”, abounds Christian Gury. With a tip: if the manager does not change, it may be healthy to negotiate a transfer internally for example.

Gather evidence with the future in mind

“Because whatever happens, you have to protect yourself,” explains Loïc Scoarnec, president of the Harassment Moral Stop association. And whatever decision you make for your future, you have to try to gather as much evidence as possible. This former executive in the bank knows what he's talking about. “One day, I was moved to an office on my own, down a hallway to push myself to the limit. He says that his colleagues were forbidden to speak to him or that his printer was never repaired, for example. “I could no longer work and I was no longer given any assignment to push me to quit. But I held on and compiled evidence for my future case. “Ideally, even if you plan to resign, you have to collect evidence of what you are going through,” adds lawyer Éric Rocheblave, social law lawyer at the Montpellier bar. If the testimonials of colleagues are difficult to obtain, other elements can be useful, in particular exchanges of emails, memos. So, even if we leave, we can have the beginning of the case… ”

Resign to rebuild

Loïc Scoarnec held out for seven years before negotiating his departure under good conditions. But he refuses to set his case as an example. “I was a trade unionist which helped me hold on. You have to think about your well-being first. No need to stay if it's to be crushed. Many prefer to resign or accept conventional break-ups at a discount. “” The drawbacks of resigning are indeed numerous, especially with unemployment insurance who may not consider this forced resignation as an involuntary loss of work… “It's good to fight, but we can also choose to turn the page and seize an opportunity elsewhere. We support those who want to fight, but not all have the strength. “” Everyone sees noon at their door, confirms Didier Schneider. Resignation can be seen as a failure, a surrender. But rather than leaving his health there, it remains a solution. ”

Convict your stalker after resigning

Especially since on paper, nothing prevents a harassed employee from fighting … afterwards. “”Any resignation may be the subject of a request for requalification taking an act of termination of the employment contract due to the employer, as if it was the latter who had dismissed, with all the legal consequences that go with ”, confirms Patrick Le Rolland, author of the Gagner aux prud'hommes guide. Former adviser to the industrial tribunal of London, he explains that the case is pleaded as the challenge of the reasons for a dismissal. “One of the requests will concern the requalification of the resignation given in breach of the employment contract to the fault of the employer. All claims relating to this situation will follow. However, it will remain to prove before the court, including in Appeal, or even until the Court of Cassation, that it was indeed harassment. “80% of the cases do not succeed, deplores Éric de Rocheblave. These are difficult cases to prove, but we still get there sometimes. Even having resigned. ”



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