Workplace violence

Dottie

We have an employee who expressed anger because he thought he was entitled to overtime in his most recent paycheck -- the time records did not support this claim. He expressed to more than one employee that "someone was going to pay" and made comments to one girl that "I served in Vietnam and sometimes I see Gooks coming down the hall. You just better hope you're not in my way when this happens." He is a new hire - 3 weeks. We want to defuse the situation and then find a way to terminate him that will not set him off. The police have already been contacted but have indicated they can do nothing unless he does something illegal. In addition, the employees to whom he spoke are afraid for their safety if he connects our discovery of his comments with them. Any ideas?

System

Dottie,

You have a serious situation on your hands. I did a search in our Newsletter Archive in the members-only area of HRhero.com and came across an article that might help. I'm sure you'll get responses from others also.

Here's the article: [link:www.hrhero.com/violence.shtml|Preventing violence in the workplace]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Margaret Morford

Get some legal advice about this. On the more practical side...Do you have a policy that prohibits threats? Fire him for violation of that policy. If not, I would still fire based on unacceptable workplace conduct. No matter what reason you give for firing him, it will not change his reaction to being fired. Tell him that he has been heard to say threatening things on numerous occasions so that you do not ear mark a specifc employee. If he asked who reported it, say it doesn't matter, that it has been reported several times and he has been overheard saying these things. I would contact the police and ask if they will come walk him off the premises in the interest of preventing an incident. They will probably do it to avoid any bad press later on if he should return to your workplace. Instruct him that he is no longer welcome on the premises, that if he does come back, you will have him arrested for trespassing and have notified the police to that effect.

If I can be of any other help to you, call me at 615-371-8200.

Margaret Morford
theHRedge

awilliams

Dottie, You are dealing with a serious situation here and I think you have taken some very good steps in contacting the police. Margaret Morford has also given good advice in that you can fire this employee based upon threats alone. I would suggest an additional step prior to firing the employee: do a through investigation. It is best to put the employee on a paid leave while you investigate. This serves two purposes, 1) it gets the immediate danger out of your workplace, and 2) paying the employee while you investigate may cool his temper and impress upon him the seriousness of the situation. It is unfortunate that all too often when employees make threats, and are fired, they then return to the workplace and commit a violent act. You want to prevent this by treating this employee fairly and with consideration, while keeping the safety of your other employees in mind. Your investigation need only take a day, but be sure to question all the people involved and get signed statements from those who have heard the threats. Also, interview the employee and give him a chance to vent. Sometimes, giving irritated employees an opportunity to feel that management is listening to them, is all they need. Assure this employee that you are very serious about violence and that threats will not be tolerated.

Also, check out the members section of our website. You will find several resources on preventing violence in teh workplace, including an HR Executive Special Report entitled "Workplace Violence and Employer LIability."

Good luck.

Anne Williams
Attorney Editor

DB

I was in your shoes at one time. An employee made threats to his work unit in general and to some specific co-workers. We notified our (unarmed) security force and a couple of strong members of the management team (no specifics, just to please stand by). The EAP counselor came to the work site immediately and the counselor, supervisor and myself meet with the employee in a conference room near the front door. The employee came into the room with only a notepad and pen. He didn't know what was happening until we were all in the room and told him that he would be suspended with pay until an evaluation of his mental and physical condition was completed. He was furious but controlled. The supervisor returned to the work area to get the couple of items the employee had to have before leaving the premises (keys, lunch bag, etc). The time off helped because the employee spoke to family members and others he had respect for who told him that the company was being very generous. The employee realized how serious the company was and how remarks and actions he considered "no big deal" were interpreted by others. We had a happy ending but do your planning carefully.

Gillian

In addition to alerting the police and separating the employee in a careful way, you might want to contact a mental health professional to assist you, perhaps to be there when the separation occurs. Contact your Employee Assistance Program if you have one. If you don't, check with people in your area to find someone who knows how to deal with individuals who have the potential for violence. We have not had to use one of our EAP professionals for this purpose but one of the partners in the provider EAP has a consulting practice to assist employers in this area, including the post office. I have become a believer in utilizing the mental health professionals to assist HR when the need arises.

xsafford

One more suggestion: There is a book called "The Gift of Fear" by Gavin DeBecker. It was recommended to me by the psychiatrist of a problem employee we had at my company. In a nut shell, his advice is do not over-react. This type of person wants a reaction above all else. To him, even a bad reaction is better than no reaction. The trick is to separate the person from the organization, make sure he knows that he will be arrested for criminal trespass for coming on company property, then present a blank wall to him. Do not engage in any way, even if you think the person might have a point. In time the person will fixate on a new target.

Platt R. Safford