Responding to a Workplace Violence Incident

I recently assisted a client in responding to a serious workplace violence incident involving a threat with a firearm made against an employee. Situations like this are among the most stressful an employer can face. They require not only immediate action to protect employees but also careful compliance with California’s Workplace Violence Prevention law.

Here are key steps that employers should take when faced with workplace violence, drawn from my recent experience and prior cases I have handled.

Ensure Immediate Safety and Notify Authorities if Necessary

The first step is always to make sure employees are safe. Employers should:

• Call 911 or law enforcement immediately if there is an imminent threat.
• Secure the workplace and, if needed, evacuate employees.
• Notify building security or property management.

In one matter I handled, my client notified the police, and the next day, police officers parked outside the business and stopped the alleged perpetrator before he could enter the premises. Quick notification can prevent escalation.

Advise the Victim of Restraining Order Options

Employees who are threatened should be reminded that they may seek legal protection:

• Emergency protective orders can be obtained through the local police department.
• Temporary restraining orders (TROs) can be filed at court, free of charge, and without needing a lawyer.

Employers should provide this information while avoiding giving direct legal advice to the employee.

Consider Employer Protective Measures

Employers themselves also have tools at their disposal, such as:

• Filing for a Workplace Violence Restraining Order on behalf of the business and employees.
• Hiring additional security as a precaution.
• Notifying third parties where appropriate. In my recent case, we had to notify both building security and a vendor company, since the alleged perpetrator was employed by the vendor that had access to the premises.

Document and Investigate the Incident

California’s Workplace Violence Prevention law requires employers to:

• Document all incidents in a workplace violence log.
• Investigate the incident and determine contributing factors.
• Keep records of investigations, corrective actions, and training.

Employers should interview witnesses, preserve evidence (such as video footage), and follow through on corrective measures.

Review Obligations Under California’s Workplace Violence Prevention Law

As of July 2024, most California employers must:

• Maintain a written Workplace Violence Prevention Plan.
• Train employees annually on how to recognize and respond to workplace violence risks.
• Retain records of incidents, training, and investigations.

Provide Support to Employees

Workplace violence affects employees long after the incident. Employers should:

• Offer access to Employee Assistance Programs (EAPs) or counseling.
• Communicate openly about the steps being taken to protect the workforce.
• Reinforce a zero-tolerance policy for threats, harassment and violence.

Key Takeaways

Workplace violence incidents are disruptive, frightening, and potentially dangerous. Employers must respond quickly, coordinate with police and third parties if necessary, and take advantage of legal remedies like workplace violence restraining orders. At the same time, California’s recent workplace violence prevention law requires employers to prepare for such incidents in advance, with formal prevention plans and training.

By acting swiftly and thoughtfully, employers can protect their people, meet legal obligations, and maintain a safe workplace.