While there may still be some people naive enough to think that “words will never hurt me,” in some cases words have all the power and intention to do just that. Workplace bullying destructs the emotions and mentality of its victims, leading to immense psychological and emotional trauma, according to workplacebullying.org, the nation’s grassroots legislative movement to enact the anti-bullying Healthy Workplace Bill. The reality is that bullying is not only evident on the playground, but it is found within the workplace as well. As adults, the conditions are even tougher. In the workplace, the demands to perform well are high and the stakes of consistently performing well are even higher. What should an employee do when bullied in the midst of trying to perform at work?
At present, there is no protection from bullying under federal law. While some states have enacted anti-bullying legislation, there has been scant case law addressing the issue. Of note is one decision from the Supreme Court of Indiana on April 8, 2008, Raess v. Doescher, 883 NE 2d 790 (Ind. Sup. Ct. 2008), involving workplace bullying where the defendant, Daniel Raess, a cardiovascular surgeon, challenged a $325,000 jury verdict and judgment based on a claim for assault by the plaintiff, Joseph Doescher, a hospital operating room perfusionist. According to the decision, Doescher reported to hospital administration that Raess mistreated other perfusionists. Out of anger from these reports, Raess “aggressively and rapidly advanced on the plaintiff with clenched fists, piercing eyes, beet-red face, popping veins, and screaming and swearing at him. The plaintiff backed up against a wall and put his hands up, believing that the defendant was going to hit him, ‘that he was going to smack the shit out of me or do something.’ Then the defendant suddenly stopped, turned, and stormed past the plaintiff and left the room, momentarily stopping to declare to the plaintiff, ‘You’re finished, you’re history.’”
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