Domestic Violence in Workplace

Roger Corbin

When there is an "Order of Protection" or "Restraining Order" involving the employee, does the Employer have any responsibility to inform co-workers of the potential for violent situations at the worksite? Are there regulatory resources or other information that addresses this matter?

Mike Maslanka

let me see if i understand...you have an employee that has a restraining order placed against him?if so,what is it for?...mike maslanka

Margaret Morford

If the employee has gotten the restraining order because he/she is afraid that someone (ex-spouse, etc.) is threatening them, I would suggest that you sit down and talk to your employee and tell him/her that you want to help as much as possible. Ask if he/she will furnish you with a copy of the restraining order. Keep it handy in case the individual comes on the premises. This will cause the police arrest them for contempt rather than just ask them to leave the premises. I would also send a certified letter to the individual that has had the restraining order issued against them advising them that the company is aware of the restraining order and that they are not to come on company property. If they do, the company will have them arrested for trespassing because they have already been advised that they are not welcome on company property. This will usually keep these individuals from ever entering company property. Somehow they are not afraid to terrorize one person, but they are hesitant to take on a company. This is the most you can do for the employee, which is to make sure he/she and your other employees are safe while at work.

I would also advise the employee to keep a copy of the restraining order with him/her at all times to show to the police. Again, this will get the threatening party arrested pretty quickly.

Hope that helps.

Margaret Morford
theHRedge

Roger Corbin

Our question is actually threefold. Scenarios that we are dealign with include:

1. Order for Protection for the employee. Spouse was served with Order of Protection - spouse has potential for violent temper. This employee requests that the situation remain very private and confidential.

2. Restraining Order has been placed on employee's domestic partner.

3. Employee has informed Employer of potential restraining order that will be placed on domestic partner. Again, this particular employee has requested that the situation be kept very private and confidential.

In the above situations: employees work in satellite office with number of co-workers. Satellite office is work station for the Employer's field staff; field staff begin their day at sub-office and constantly go in and out of worksite.

To date, the Employer has requested that only authorized personnel access satellite office, keeping doors locked.

Keeping in mnd the employee's safety and co-workers safety, what is Employer's responsibility and liability? Do you know of regulatory laws out there? Employer and sub-offices located in Minnesota.

Does Employer have any legal responsibility to inform co-workers of situation?

Theresa Gegen TX

The company's general duty is to use reasonable care to protect its employees. Now that the company is on notice of a potential threat, the company must use care that is reasonable based on the threat. The amount of protective measures taken by the company must be based on the specific threat.

For example, has the person restrained made statements like "I am going to get you at work" or "I know where you work" -- in that case, more action must be taken.

If the threat is only general to the person, then less action could be taken.

At a minimum, however, some security procedures should be implemented. For example, giving the receptionist a picture of the person restrained and instructions to call 911 if she sees him in the area and reviewing the situtation with the manager over the area. (Also, if the building has security guards, they should be advised and given the photo).

Whether or not all employees need to be advised about the threat depends on the nature of the threat. An employee who does not have any role in company security probably does not need to be told about the threat. (Again, this is very fact specific).

The person who gave you the information and wants it kept private should be advised of the steps you are taking. The person's right to privacy does not outweigh your need to protect your employees (and a restraining order is a public record). However, doing your best to respect the person's desire for privacy is the best course of action.

Good Luck!!

xsafford

There is a great book by Gavin DeBecker called "The Gift of Fear". In a nutshell the author (a security expert) says that harassers, whatever their motivation, want attention more than anything else. To them a bad response (i.e having them arrested for criminal trespass)is better than no response.
The best way to deter these people long term is to present them with a blank wall. Don't make them feel empowered by over-reacting. In time, when they fail to get a rise out of you or one of your employees, they will move on to someone else who can meet their needs for attention.
This can take time. In our case, it was about 18 months before the individual finally gave up. It was difficult to resist taking stronger measures, but in the end it got the best result.