WORKPLACE LAW - Concerned HR Director

Question:

One of our employees has received threatening phone calls at work, and is being followed by an ex-boyfriend. When she called the police, they suggested she get a restraining order, and told her that her employer could take care of this for her. I don’t understand what steps we can take to protect this employee because some of the threats occur at work, but some of the conduct takes place outside of work. What, if anything, can I do to help this employee?

Answer:

Violence in the workplace is a serious safety and health issue. Its most extreme form, homicide, is the third-leading cause of fatal occupational injury in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), there were 551 workplace homicides in 2004 in the United States, out of a total of 5,703 fatal work injuries.

California law states that any employer may seek a temporary restraining order and injunction to protect an employee who has suffered unlawful violence or a credible threat of violence from any individual that may be carried out at the workplace. In order to evaluate if there are grounds to seek a restraining order, you need to talk to your employee and find out what the caller says when he calls, how often the calls occur, and whether the employee fears for her safety when this individual is following her. You should also evaluate whether or not this person poses a risk of harm to co-workers and customers.

Filing a Petition for Injunction Prohibiting Violence and Application For Temporary Restraining Order starts the process. The Court will review the Petition to determine if the employee has experienced unlawful violence or credible threats of violence that may occur at work. Unlawful violence includes assault, battery, and stalking. A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or for the safety of his or her family. A course of conduct is defined by law as a series of acts over a period of time demonstrating a continuity of purpose, including stalking, following the employee to or from work, entering the workplace, making phone calls to the employee, or sending correspondence to the employee by mail, e-mail, or facsimile.

If the conduct described in the Petition establishes a credible threat of violence, the court may issue a temporary restraining order for up to 15 days, and schedule a hearing to allow the accused individual to respond to the Petition. The temporary restraining order is served on the accused and law enforcement, and it provides protection for the employee until the court hearing. At the hearing, the court will consider evidence and testimony offered by the accused, the employee and/or the employer. If the court grants the Petition for Injunction, it may issue a restraining order that is effective for up to three years, and it may be renewed if application is made within three months of when it expires.

Protecting employees and customers is one of many aspects involved in evaluating workplace safety. The restraining order is one tool an employer may use to meet its duty to provide a safe workplace for employees in appropriate circumstances, but there is no legal obligation to seek a restraining order in every case. Other steps that can be taken, if appropriate, include:

  • Securing the workplace. Where appropriate to the business, consider installing video surveillance, extra lighting, and alarm systems and minimize access by outsiders through identification badges, electronic keys, and guards;
  • Developing policies and providing education concerning recognizing, avoiding or diffusing potentially violent or harmful situations; and
  • Alerting supervisors to any concerns about safety or security and requiring immediate reports of any threats or incidents.

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