[Ed. note: This post is by MARIN, one of the finalists in ATL Idol, the “reality blogging” competition that will determine ATL’s next editor. It is marked with Marin’s avatar (at right).]
Does this sound like your supervising partner?
[He] aggressively and rapidly advanced…with clenched fists, piercing eyes, beet-red face, popping veins, and screaming and swearing. Raess v. Doescher, 883 N.E.2d 790, 794 (Ind. 2008).
A recent ABA article, “Beyond Traditional Tort Law, ‘Desk Rage’ is Now a Potential Claim,” suggests that in a few “avant-garde” jurisdictions you can sue your boss for being a world-class a**hole. Er, the ABA might want to sign itself up for one of its CLE refresher courses, because the jurisdictions that recognize the new tort are so avant-garde that they do not yet exist.
The article cites Raess as evidence of a “desk rage” cause of action. But in Raess, the court granted judgment for the plaintiff on a traditional assault claim, and merely noted that a jury instruction about workplace bullying was appropriate. Deduct 3 skills credits.
Of course, you can still sue office tyrants under existing legal theories like Title VII (for racist and sexist jerks), intentional infliction of emotional distress (vindictive jerks) and assault (scary jerks). Unfortunately, there’s no tort for run-of-the-mill partner jerks who ignore emails or scream at associates.
On that note, stop reading this post and get back to work, you worthless sacks of sh*t.