Without proof that bullying in the workplace is intentional or reckless and causes real harm, there’s nothing actually illegal about it, says J.J. Prescott, commenting on an incident in which a boss set up his subordinate in a fake holdup. In this instance, which involves a suit against the company by the rattled victim, the employer will have to show that “there was no real injury, or that the employee was oversensitive,” Prescott said.