Basic Employment Law Principles
How common are threats and violence at work? A 2000 study done by the
USPS Commission on a Safe and Secure Workplace found what it called “a
disturbing and unacceptable level of violence in the American workplace,” with
one out of every twenty employees reporting a physical assault, and one in three
saying they were verbally abused on the job.
In 2002, homicide was the third leading cause of death on the job, topped
only by motor vehicle accidents and falls. More than 1.8 million work days and
$55 million in wages are lost every year due to workplace violence, according to
the Bureau of Justice Statistics.
Although no one can predict where and when violence will erupt at a job
site, employers can be held liable for the resulting injuries. When an employee gets
violent or abusive, it’s the manager’s duty to remain calm and try to diffuse the
situation, according to a 2001 federal appellate case where an employee mocked,
used racial slurs, and then head-butted his boss. The boss slapped the employee
away and cursed back at him. Was that OK? No, said the court, and the employer
was well within its rights when it demoted the boss to a non-supervisory position.
More importantly, violence can be reduced — and even prevented — through some
common-sense precautions. One thing you can do to prevent violence is establish
and enforce a clear policy against violence — as well as provides employees with
proper training.
Have a Strong Policy, Training and Enforcement
You and your employees have a right to be safe at work. If someone’s
threatening physical harm or engaging in physical abuse at work, they’re violating
the law, as well as, most likely, your organization’s policy.
As a manager, you should be enforcing your organization’s policies. If you
see more than one of the warning signs listed below you need to confront the
person, or, if he/she is a security risk, call security, legal and HR immediately.
The good news is that every case of workplace violence has been studied
thoroughly. The vast majority of perpetrators have been with their organizations
for years. Usually they felt that they had been denied a promotion they thought
they were entitled to, or they had been terminated. In virtually every case, the
perpetrators made threats beforehand.
Most people point to the post office as an example of a workplace that’s
prone to violence but the reality is, if you look at percentages, there’s no higher
percentage of threats and violence in most workplaces than there is in the post
office. The difference is the number of people working there: there’s actually more
people employed at the post office than any other place in the U.S., except the
military. So we have the perception that there’s more violence but the reality is that
the post office is just average.
Warning Signs of Violence
Here are the warning signs of violence. Most people who erupt into violence will
exhibit more than one of these characteristic behaviors:
-
Makes direct and indirect threats
-
Mood swings, depression, bizarre statements, delusions of persecution
-
History of Violence
Domestic violence, verbal abuse, antisocial activities
-
Romantic Obsession
Physical or romantic obsession
-
Substance Abuse
Trouble with alcohol or drug addiction
-
Depressive Behavior
Self-destructive behavior
Loner behavior or isolation
Unkempt physical appearance, despair, sluggish decision-making
-
Pathological Blamer
Accepts no responsibility for his or her actions
Constantly blames co-workers, employer, government, the system
-
Impaired Ability to Function
Poor impulse control
-
Obsession with Weapons
Ownership of gun or gun collection, combined with antisocial
behavior
Fascination with shooting skills or weapon-related activity
-
Personality Disorder
Antisocial or borderline personality disorders
Irritable, aggressive, often involved in disputes or fights with others
May steal or destroy property with little remorse
Borderline personality shows moodiness, instability, impulsive action,
easily agitated
Clearly, you have both the right and the responsibility to intervene if you see
behavior that is threatening or violent, or that you, in good faith believe might lead
to threats and violence. This is an area where being proactive is always a good
idea. Don’t wait until it’s too late. While actual incidents of violence may be rare,
when one happens, the consequences are so grave that you must take action ahead
of the curve.
Preventing Violence
Experts agree that effective pre-employment background checks are crucial.
Before hiring any applicant, check references and ask specifically if there is any
history of violent or harassing behavior. Even if the references refuse to answer the
question, you have taken reasonable steps to screen out potentially violent
employees, and that will help you if you’re ever sued.
Once you’ve hired employees, you have an obligation to provide a safe
workplace. You want to create a violence-free environment.
Copyright © 2009. No part of this material may be reproduced without written permission from Lynne Eisaguirre,
Workplaces That Work, 303-216-1020, Lynne@workplacesthatwork.com, www.workplacesthatwork.com
