Violence in the Workplace

MaryBurgos

My delema is the following: We had an employee that we placed on suspension for insorbordination for three days, no pay. Management called the employee
during his suspension to inform him that on the day he was to report back to work, we needed him to report the following day because his Manager wasn't going to be in that day, but we told the employee that he would be paid for that day. The employee called back and spoke to our V.P. of Mfg. to inform him
that if he lost his job he was going to kill the manager & other employees. We immediately called the police, filed a restraining order for the employee not to enter our premises. We then contacted an individual who deals with workplace violence to consel & difuse the anger of the employee. My question is
how to we handle reference checking. This employee will be looking for work & how do I respond to a reference check. Do I have a legal obligation to let future employer know that this employee made threats to fellow coworkers?
I feel this is a catch 22 situation? If I divulge this information, chances are this employee will not get a job & if he finds out we are giving out this information, would probably stir his anger towards us again. If I do not divulge this information, & he get hired somewhere else & he become violent in
another company, would we be liable becuase we never said anything? I need help with this.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 06-12-02 AT 04:31PM (CST)[/font][p]The least of your concerns in this "ASAP" situation is what to say when someone checks his prior employment. Since you are in California, I think your safest bet is to have a 'neutral' employment reference policy. Name, rank and serial number. He does not have a history of violence (I don't guess he does) so I wouldn't feel any moral obligation to pass on that information. Don't forget, you're in a California court system. You have plenty of time to chill out about this situation and run it by an attorney in the next week or so. If work history checks come in before you do that, give a neutral one. By the way, your VP of Manufacturing should be required to reduce that call to writing and sign it if he hasn't already done so.

Mike Maslanka

A tough question but ,just as you were wise to seek counsel on how to handle the situation with the employee,also seek counsel on what to do now...there are several cases---one involving Allstate Insurance in Florida where a similar situation occured,the ex-employee got just neutral references,and later killed co-workers at his new place of employment...Allstate got sued and lost---you must ask yourself what is the common sense response to the possible harm to others...think about telling any prospective employer that you will talk but need the ex-employee to sign a release holding you harmless,or think about just syaing what you have already said in your lawsuit---keep it factual...good luck,Mike Maslanka,214-659-4668,michaelmaslanka@akllp.com

Gerri

Mike,

Do you know where to find a copy of that case with Allstate in Florda is located? I'd like to read more on it. Thanks!

Mike Maslanka

I do not have a cite for it...let me see what i can do...regards,mike maslanka

Steve McElfresh

Folks,

I could not find the case citation for the Allstate/reference issue either. According the to sources below, what went to trial was whether Allstate could be liable to the families of the deceased for the misleading reference given, and apparently it was found that it could be liable – i.e., that those family members had standing to sue Allstate. Allstate's actual liability apparently never went to trial since they chose to settle out of court.

These events are discussed in a ’97 Business Week article
[url]www.businessweek.com/1997/23/b353060.htm[/url]
and other locations (e.g.
[url]www.bcsolutionsmag.com/online/references_strategies.htm[/url]
[url]www.whitewms.com/nl_197.htm#refer[/url] )

I believe the precipitating event was that referred to in the Tampa Bay Business Journal (12/18/98):
”Jan. 27, 1993 -- Paul L. Calden, a 33-year-old Fireman's Fund Insurance employee, returned to the Island Center office building in Tampa several months after being fired. He killed three men and wounded two women there before turning the gun on himself at a Clearwater park.”

Apparently among the people killed was the director of HR.

While never public, there were suggestions that the total settlement amount was in excess of $50 million, [url]www.universalpro.com/corner/reference.html[/url]

Regards,

Steve McElfresh, PhD
HR Futures
408 605 1870