Limiting Liability from Employee Violence

Workplace violence isn't uncommon. Workplace violence may account up to 20% of all violent crimes within the United States. People work with each other often more hours then they spend with their families and then it is reasonable to believe that a larger percentage of violence happens at work.

Employers are responsible for creating a deterrent within their workplace to curb violence. Even though these employers are not encouraging such behavior, have little control over people's behavior and can't discriminate they still are responsible for workplace violence. They are considered responsible for negligence reasons.

Employer's negligence can be seen from hiring, training, supervision, recommendation or misrepresentation. In most cases lawsuits would challenge the hiring, training and supervision. Costs due to victims of violence could include court ordered payments, legal costs (attorney costs), higher insurance premiums and medical costs. A single case could be worth around half a million dollars is the employer is seen as negligent.

How Employers Can Protect Themselves:

No Tolerance Policy: A no tolerance or zero tolerance policy states that the employer takes seriously any acts of violence in the workplace. Such actions will be thoroughly investigated and appropriate action will be taken. If there is any substantiated violence the guilty party will be terminated.

Quick Investigations: If the employer takes too long to launch an investigation they seem as though they are being negligent and not too concerned about violence. The employer has a responsibility of conducting a quick investigation and keeping the records related to that investigation. Taking complaints seriously is the key.

Write Documents: The employee handbook, policies & procedures manual and bulletins should talk about the companies zero tolerance policy and what to do if the employee feels like he or she is being a victim of violence. In addition such documents can discuss what is considered employee violence.

Training: Companies should train both managers and employees to recognize employee violence and where to go if they are a victim of violence. The training should train employees about the negative effects of violence on both the organization and on their personal lives. Retaining sign-in sheets for such training sessions is important.

Recruitment: Employers should not recruit employees with a violent history. If the employer does not conduct background checks or hires convicted rapists and abusers they cannot deny that they were well of aware of these issues. To hire such people is to open the company to liability.