Workplace Violence

News & Analysis as of

Wave of Shootings Puts Workplace Violence Back in the Spotlight

Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

Dealing with Violence in Wake of the Attack in Orlando

The weekend of June 11, 2016, saw another act of violence committed against innocent and unsuspecting people as they gathered together, an occurrence that has become all too frequent in today's world. While the latest attack...more

Violence In The Workplace: Is Your Business At Risk?

A large portion of my practice is concentrated in the area of workplace violence prevention. When I mention this at bar events and cocktail parties, it must conjure up images of mass shootings and SWAT teams. However,...more

Wave of Shootings Puts Workplace Violence Back in the Spotlight

Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop...more

Fired employee’s Facebook post calling company “s—hole” showed dismissal for workplace outbursts, threat was indeed appropriate

An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and “pumped it”, was fired for cause, an arbitrator has...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more

Can North Carolina Employers Terminate Employees Based on Threat of Domestic Violence Spillover?

How should Human Resources respond to the following scenario?: An employee reports that she recently separated from her husband and obtained a domestic violence restraining order. Several co-workers approach HR to report that...more

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

Even As They Lament The Horrific Reality Of Mass Violence, Employers Must Consider How To Prevent It In Their Workplaces

After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their...more

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

Union Supporters’ Threatening “Jokes” During Campaign No Laughing Matter, D.C. Circuit Finds

Seyfarth synopsis: The U.S. Court of Appeals for the D.C. Circuit held that the National Labor Relations Board abused its discretion by ignoring its own precedent and downplaying threats made by pro-union employees during an...more

Employers Must Squarely Address The Mass Shooting Phenomenon

On April 20, 1999, a seed was planted in every workplace in this nation, one which has remained rather dormant for most of us until recently. That day, 13 people left their homes and entered Columbine High School – the...more

Employers Need to Develop an Action Plan to Deal With Workplace Violence

If the recent and tragic shootings at an office holiday party in San Bernardino, California, and at a lawn care company in Kansas have taught us anything, it is that these unfortunate incidents of workplace violence are...more

AFL-CIO Calls Attention to On-the-Job Deaths in Ceremony at State House

Michael Davidson was seeing patients at Brigham and Women’s Hospital when he stepped away to talk with the son of a deceased woman he had treated and the son shot him. Lawrence O’Leary was on a parking garage under...more

Employer Liability for the Lone Wolf

Shocking acts of violence are reported in the press every day. Reading about bombers, gunmen, and rapists in schools and homes and nightclubs is almost unbearable. For us labor lawyers, workplace violence is particularly...more

Vicarious liability of employers - A case note on Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison...

Decision by the UK Supreme Court given on 2 March 2016 on an employer’s vicarious liability in tort for an assault carried out by an employee....more

Shot at in parking lot, employee awarded $5,000 in damages from employer despite WSIB coverage

A labour arbitrator has awarded a unionized employee $5,000.00 in damages from his employer – despite the fact that the employer was registered with the Workplace Safety and Insurance Board....more

Burr Alert: Workplace Violence: Reducing the Risk of Civil Liability

An estimated 2 million American workers are victims of workplace violence each year, costing businesses billions of dollars per year in impaired productivity, employee turnover, security measures, and legal costs. More and...more

A Major Change in Employer Attitude Towards Preventing Workplace Violence

We just completed the second of two Fisher & Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals.  We...more

Employee stopped production line “to be difficult”, not due to safety issue: work refusal not justified

An employee who shut down a production line allegedly because two other employees were fighting, was not exercising a proper work refusal under the Occupational Health and Safety Act, the Ontario Labour Relations Board has...more

The Difficult Dilemma Facing Employers When It Comes to Threats of Workplace Violence

Unfortunately, headlines of tragic acts of violence in the workplace continue – and it is a trend that is not abating. The Occupational Safety and Health Administration estimates that approximately 2 million workers are...more

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part...more

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