Beyond Traditional Tort Law, ‘Desk Rage’ is Now a Potential Claim

Labor and Employment

Beyond Traditional Tort Law, ‘Desk Rage’ is Now a Potential Claim

Posted Aug 1, 2008, 06:36 pm CDT
By Martha Neil

Although not recognized as a cause of action in most jurisdictions, "desk rage"—i.e., abusive or threatening conduct at the workplace—is a growing problem and a growing concern to employers and the lawyers who advise them.

At its worst, the occupational violence that can result from stressed and angry employees facing increasing pressures in a difficult economy can be deadly. But even when the problem is relatively minimal, it can result in reduced productivity and increased attrition, according to a New York Law Journal article reprinted by New York Lawyer (reg. req.).

At the forefront of avant-garde jurisdictions recognizing such conduct as potentially actionable, the Indiana Supreme Court held earlier this year in Raess v. Doescher, 883 N.E.2d 709l, that "workplace bullying" can create a valid basis for an employee to sue an employer, the article reports. The court ratified a $325,000 award to a hospital technician whose supervising surgeon, who had a history as a "workplace abuser," confronted him with "clenched fists, piercing eyes, beet-red face [and] popping veins."

Additional details about the case are provided in an article on the Jackson Lewis law firm website. "The court's opinion may provide plaintiffs an additional opportunity to pursue claims beyond traditional harassment claims under Title VII of the Civil Rights Act," the article notes.

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Posted by kay sieverding - 2 months, 4 days, 6 hours, 5 minutes ago

isn’t the claim assault—a threat of imminent touching?
Posted by whiskey drinker - 2 months, 4 days, 2 hours, 59 minutes ago

so what about the whole ranges of threats? I will get the IRS to audit you! I will tell your wife about your girlfriend! I will tell the public about your visits to the prostitutes! I will share the embarrassing picture I took with my cell phone! I will get you put in jail!
Posted by Monty Thyroid - 1 month, 4 weeks, 1 day, 13 hours, 6 minutes ago

It’s about time. Can’t even begin to say how many asshole bosses I have had. Some of them would call me at home on the weekend to scream about something.
Posted by Shawn Harstad - 1 month, 4 weeks, 1 day, 12 hours, 27 minutes ago

You’re serious? Its about time we sue our bosses because we don’t like what they say? What a waste. The judicial system is one big joke.
Posted by Geminate - 1 month, 4 weeks, 1 day, 11 hours, 1 minute ago

I don’t know...I think a superior should be more afraid of passive-aggressive retaliation. There are many costly ways to get even, as well as ways to end their lives prematurely, without detection. Be careful how you treat your employees, things could very well go too far.
Posted by Fonzi - 1 month, 4 weeks, 1 day, 11 hours ago

My God, we have officially jumped the shark.

Grow a set of balls and deal with it.
Posted by SomeRandomFarker - 1 month, 4 weeks, 1 day, 5 hours, 52 minutes ago

To quote one Mr. Leary : “Life sucks, get a fucking helmet”. Bosses are supposed to be angry at you—especially when you screw up at your job. Otherwise, you do what you’re told to do, shut up, and don’t question—that’s why you’re the underling and they’re the boss.

If you don’t like it—go work for someone else or become self employed! TADA!
Posted by Bob - 1 month, 4 weeks, 1 day, 2 hours, 59 minutes ago

I can see this being used more as an avenue of relief if the employer fails to take action on an employee who has been reported to be bullying or harassing another employee, not necessarily when a boss becomes upset. There are many workplaces where the employer simply says, “Well, that’s just the way he / she is, just take it was a grain of salt...”
Posted by Lawrence - 1 month, 4 weeks, 1 day, 1 hour, 23 minutes ago

The case cited, Raess v. Doescher, is a perfect example. As a former hospital employee, I can assure you that physicians are above HR standards of employee conduct. As are senior executives in many organizations. It is up to the judges to use this precedent to help restore dignity to the workers, and dismiss the frivolous and abusive cases.

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