Preventing Workplace Violence: Challenges and Dilemmas
January 2005
Workplace violence comes in many forms and
faces. Companies and organizations that develop, train, and empower Workplace
Violence Prevention teams to address the myriad of risks facing today's employers
can reduce the number of tragic work incidents.
by James
N. Madero, Ph.D.
Violence Prevention
International
Workplace Violence Prevention Teams are confronted with a variety of incidents,
some of which are easy to resolve, while others are more difficult. The difficult
ones are not only challenging, but sometimes create dilemmas that need to be
resolved. Consider the following three incidents.
The Terminated Employee
A manufacturing plant located in a suburban industrial park terminated one
of its employees for threatening to kill his supervisor after the supervisor
had given him a poor performance review. As he stormed out of the plant after
being told he was fired, the terminated employee vowed he would be back and
"get even" for what was done to him.
The terminated employee had been difficult to manage from the onset of his
employment 9 months earlier. He had been involved in several angry confrontations
with coworkers, and had even gotten into a fight with a coworker the evening
before the termination. The fight took place in a bar, and the coworker was
seriously injured, and needed to be taken to the emergency room for treatment.
Even though the terminated employee was no longer working at the plant, his
employer was confronted with several challenges and dilemmas. The challenges
included trying to decide (1) whether the terminated employee's threats were
real, (2) what he meant by "getting even," (3) if the threats were real, what
could be done to prevent them from happening, and (4) how long would the employer
need to be concerned about the threats.
The dilemmas were twofold. First, should the police be notified and/or should
the employer obtain a restraining order, and risk enraging the terminated employee
even more, possibly to the point of his carrying though with his threats? Second,
what should be communicated to the other 85 employees at the plant? What should
they be told about the termination, and more importantly, does the company have
an obligation to inform them of the threats? If they are informed, does the
employer risk being accused of slander and or defamation of character by the
terminated employee?
The Furious Client
A small law firm in the Midwest represented a client who was involved in
contesting a will left by his parents. The law firm specialized in preparing
wills and financial trusts. Unfortunately for the client and the law firm, the
judge in the case ruled against the client. The client became enraged after
the judge's decision. He not only thought that he was right and the judge was
wrong, but more importantly, he believed he had a "slam-dunk" case, and lost
primarily because of the incompetence of his attorney.
The client not only refused to pay for his attorney's services, but also
demanded that the law firm pay him for what he lost in court. He told the law
firm that one way or another he would "make them pay."
The challenge for the law firm involved assessing the client's potential
for violence, and trying to determine what the client meant by "one way or other."
The dilemma for the law firm occurred as they attempted to assess the client's
potential for violence. The firm's knowledge of the client was based primarily
on the facts of his case and the few interactions they had with him prior to
the case being heard. These interactions were essentially positive, probably
because of the client's certainty about winning the case.
Now that he had lost, he was behaving quite differently. The law firm decided
to learn as much as they could about the client. They wanted very much to do
a thorough background check on him, including checking the criminal and civil
courts, looking at his driving record, and doing a credit check. One of the
attorneys in the firm had some familiarity with the Fair Credit Reporting Act
and the limitations it imposed on doing background checks on someone without
their consent. Would the law firm be able to obtain the information they needed
about the client without violating any law?
The Violent Spouse
The female manager of restaurant informed her district manager that she was
involved in an extremely bad domestic violence situation. Her husband of 5 years
had been physically abusing her for the past 6 months. Several times a week
he would hit her and throw her against a wall. She attempted to leave him several
times during the marriage, but each time she backed down because he threatened
to kill her if she left. Two weeks ago he began hitting her with a chair after
he accused her of having an affair with one of her coworkers. She told the district
manager that she was planning to leave her husband, move to her own apartment,
and not tell her husband its location.
The biggest challenge for the employer involved tying to assist and support
the female employee while maintaining a safe work environment for its customers
and other employees. The dilemma for the employer was that these tasks might
be mutually exclusive. Once the employee moves out on her husband, she would
need her job more than ever, since it would be her sole source of support. However,
moving out on him and not telling him where she was living made it more likely
that he would confront her at the workplace. Additionally, if he thinks she
is having an affair with a coworker, the risk to the workplace is even greater.
The employer is caught between the proverbial "rock and a hard place."
Solutions and Resolutions
The challenges and dilemmas presented in the above incidents are similar
to those faced by members of Workplace Violence Prevention Teams across the
country. The potential solutions and resolutions are sometimes difficult to
achieve, but for the most part are attainable when the skills of each Team member
are utilized.
In the case of the Terminated Employee, the Team's Threat Assessment Specialist
can help ascertain whether the employee's threats were real, and to what extent
and manner is he likely to act on them. An action plan to prevent harm to coworkers
and the company's assets will require the input of all Team Members, with Security
most likely taking the lead. The decisions involving notifying the police, obtaining
a Restraining Order, and determining when the threat to the workplace ceases
are Team discussions with Legal, Security, and the Threat Assessment Specialist
taking the lead in the discussions. Questions involving the extent to which
employees need to be notified and the issues of slander and defamation of character
are best address by the Legal Team member.
In the case of the Furious Client, once again the Team's Threat Assessment
Specialist should take the lead in assessing the client's potential for violence
and the likelihood of the client acting on his threats. A comprehensive background
check will be essential to the Threat Assessment Specialist's evaluation and
recommendation. The dilemma of whether the law firm can do the background check
without violating any laws can best be determined by consultation with an attorney
who specializes in labor law. There have been instances when the need to prevent
a homicide or serious injuries are weighed against the limitations imposed by
the laws that are on the books. There have been times when the Team does a risk-benefit
analysis, and the decision is made that the need to save lives and prevent serious
harm outweighs the legal ramifications of the situation. As one attorney said,
"I would rather defend an invasion of privacy case than a wrongful death claim."
In the case of the Violent Spouse, the Team's actions need to be carefully—but
quickly—deliberated before any action takes place. In most instances, placing
the female employee on paid leave for several days can considerably diminish
the risk to the workplace and give the Team some time to evaluate the situation
and develop a response plan. If the employee is involved in a relationship with
a coworker, this needs to be quickly ascertained, since it poses an additional
threat to the workplace and may necessitate also placing the coworker on leave.
As the Team manages the case, referrals are usually made to the employee
that include the company's Employee Assistance Program, a Domestic Violence
Prevention Organization, and the local police department. These organizations
are in the best position to discuss the different options available to the employee.
Most Teams defer to these organizations rather than attempting to give advice
to the employee on how to deal with her spouse and his behavior.
The challenges and dilemmas discussed above are typical of those encountered
by Workplace Violence Prevention Teams across the country. While many of the
challenges and dilemmas can be quite daunting, the field of Workplace Violence
Prevention has matured to the point that Teams now have the skill sets, resources,
and processes and procedures to successfully manage and resolve the overwhelming
majority of incidents that occur.
Opinions expressed in Expert Commentary articles are those of the author and are
not necessarily held by the author’s employer or IRMI. This article does not purport
to provide legal, accounting, or other professional advice or opinion. If such advice
is needed, consult with your attorney, accountant, or other qualified adviser.