Workplace harassment complaints and investigations
Harassed at work? We'll help you from writing the report through giving your statement in the investigation.
We organize the facts of the harassment and request protective measures that reflect your wishes, in line with company rules and procedures. After harassment is confirmed, we also review whether the protective measures or obligations imposed are appropriate and submit a written opinion.
What is workplace harassment?
It's when an employer or employee uses a position of power or advantage in a relationship to act beyond what's reasonable for the job, causing physical or mental distress or making the work environment worse. As a general rule, the workplace harassment provisions of the Labor Standards Act apply to workplaces with 5 or more employees ordinarily employed. A disagreement alone isn't enough. The decision is based on the specific words, instructions, or actions involved, measured against the legal requirements.
Criteria for harassment
What counts as workplace harassment?
Position or relationship advantage
We look beyond job title to numbers, influence at work, and relationships, to see whether it was hard for you to refuse the other person's demands.
Beyond what's reasonable for the job
We look at both whether an instruction was necessary and how it was given. Even necessary work can become a problem if it's delivered through verbal abuse, insults, or other socially unacceptable methods.
Distress or a worse work environment
We check whether you suffered physical or mental distress, and whether your work environment got worse, for example by making it hard to do your job.
Preparing your report and evidence
We organize the facts clearly so they line up with the law and guidelines on workplace harassment.
It helps to arrange all direct and indirect evidence in chronological order. Please explain the basis and context for each piece of evidence.
Verbal abuse, insults, threats
Exact words used · Location · Witnesses · How it happened
Ostracism or exclusion from work
Meetings or information you were left out of · Effect on your work
Unfair work assignments
Whether the work was necessary · How it differed from other employees' work · Instructions too much to handle
Personal errands or coercion
Demands unrelated to your job · Reactions and negative treatment after you refused
Retaliation after reporting
Timing of a transfer, evaluation, or job change · The reason the company gave
The company's duties after a report
After a harassment report, the company must investigate the facts and protect the victim.
Receiving a report or learning of the facts
The company must promptly conduct an objective fact-finding investigation of the people involved.
Protection during the investigation
If needed, the company must take protective measures such as changing the work location or granting paid leave. It can't take measures that go against the wishes of the affected employee or others involved.
Measures after harassment is confirmed
If the affected employee requests it, the company must take appropriate protective measures such as reassignment or paid leave. For the person responsible, the company must hear the affected employee's views and take necessary action such as discipline or a change of work location.
No adverse treatment
The company must not dismiss or otherwise treat the reporting employee or the affected employee unfavorably. If adverse treatment occurs, we review what happened before and after the report and what action was taken, and respond accordingly.
Sobaek's practice areas
We prepare your harassment report and investigation statement, and request protective measures from the company.
- STEP 01
Write the report and organize the facts
The report sets out who said or did what and when, and presents the reasons and evidence showing it meets the legal requirements. We also prepare what you'll say in the investigation.
- STEP 02
The company investigation and requests for protection
We prepare with you how to answer the investigation questions and submit additional opinions. We also ask the company for any protective measures you need.
- STEP 03
Labor office complaints and responding to retaliation
If the employer personally did the harassing, the company failed in its duty to investigate and act, or you were treated unfavorably after reporting, we file a complaint with the regional labor office on your behalf.
Frequently asked questions
Find answers to your questions before a consultation.
Where do I report harassment by the owner or CEO?
An internal company report alone may not resolve it. We look at what the employer personally did and whether the company investigated and took protective measures, then decide whether you can file a complaint with the regional labor office.
Can I report it without a recording or solid evidence?
Yes, you can. Records that confirm the facts are important, though, so we need to find other evidence, such as messages from that time, witnesses, or details of how you were shut out of work or what you were told to do. Write down what you remember in specific terms, including dates, places, and the exact words used.
Can a single incident of verbal abuse or insult count as harassment?
It doesn't have to be repeated. Even a single act is judged by what happened and how serious it was, the power imbalance, whether it was necessary for the job, and the harm caused.
If the company concludes it wasn't harassment, is that the end of it?
We need to check whether any facts or records were left out of the investigation, and whether the company investigated objectively. Disagreeing with the company's conclusion doesn't by itself mean the company violated its duty to investigate and act. What matters is whether it conducted an objective investigation and took the necessary measures.
After I reported it, the company said it would move me to another department.
We need to check whether this is a protective measure, a transfer against your wishes, or other adverse treatment. It's a good idea to write down what you asked for, how the company explained it, and how your actual working conditions changed.
I've already left the company. Can I still report harassment from when I worked there?
Leaving the job doesn't by itself stop you from reporting what happened while you worked there. The protective measures available now and the scope of the investigation may be different, though, so we need to look at how you left and what response you want.
If the company has fewer than 5 employees, can I do nothing about harassment?
Separate from whether the harassment provisions of the Labor Standards Act apply, we can look at whether other laws covering assault, threats, insults, and similar conduct apply. We first check the number of employees ordinarily employed and the specific conduct, and, if needed, explain the separate legal procedures.
I'm getting psychiatric treatment because of the harassment. Can I also file for workers' comp?
We can review how your mental illness relates to work stress and prepare a workers' comp claim. Even if harassment is confirmed, a workers' comp claim isn't approved automatically. In a workers' comp claim, your diagnosis, treatment history, and the work-related events have to be proven separately.
Request a consultation on a workers' comp or labor case
Talk to us about workplace harassment.
Tell us what happened at work and what you reported to the company. We'll base the consultation on the records you have and the protective measures you want.
You can also email us directly
For corporate advisory work, new cases, or meeting requests,
email us at the address below.