News & Analysis as of

Workplace Violence Hiring & Firing

Responding To Violence In the Workplace – A “Catch 22” For Employers

by SmithAmundsen LLC on

The recent instances of violence in the workplace remind us of the complex task facing employers. Employers must maintain a safe work environment for employees while operating within the parameters of the many federal and...more

Practical Tips for Maintaining Dignity During Termination Meetings: Everybody Wins

by Foley & Lardner LLP on

This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer’s job site and killed 5 of his former co-workers...more

Threats of violence, one day after “sensitivity training”, get worker fired for cause. He “may have a problem with women in the...

by Dentons on

A worker who said, “If anything ever happened, like losing my job, I’d have no problem coming in here and shooting them”, a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an...more

Fired For My Firearm? I’ll Sue!

by Foley & Lardner LLP on

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

by Foley & Lardner LLP on

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

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

by Dentons on

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

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

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

by Burr & Forman on

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

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

by Dentons on

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

by Snell & Wilmer on

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

Consistency of Treatment Following Office Party Brawl

by Faegre Baker Daniels on

In MBNA Limited v Jones UKEAT/0120/15, the Employment Appeal Tribunal (EAT) considered whether the inconsistent treatment of two employees arising from the same incident rendered the dismissal of one of them unfair....more

Six Proven Tactics To Help Avoid The "Ticking Time Bomb" Employee

by Fisher Phillips on

Each new headline in the news describing the latest workplace violence tragedy reminds managers and human resources executives of their tremendous responsibilities in attempting to help prevent such senseless acts....more

Supreme Court of Puerto Rico Reaffirms that Violence in the Workplace Justifies First Offense Termination

by Littler on

In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under...more

Employee properly fired for workplace violence threats, despite his mental disability: Appeal Court

by Dentons on

An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he was fired.  He was fired because he made violent threats against coworkers, the Ontario Court of Appeal has...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

by Carlton Fields on

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

Recent Decision Explores Issues of Mental Disability and Violence in the Workplace

by PretiFlaherty on

A federal district court recently grappled with whether an employer’s termination of an employee for engaging in violent behavior was lawful, where the employee’s behavior was related to an underlying mental impairment. ...more

Employment Law in Colombia: Part III

by Fisher Phillips on

This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

36-year employee properly dismissed for “unprovoked momentary outburst” with knife

by Dentons on

A 57 year old employee with 36 years of service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator has decided. The employee was a custodian with a textiles company.  He...more

No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

by Dentons on

An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows. The employer had 8 “Golden Rules” of workplace health, safety and environmental...more

False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive

by Dentons on

An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held. Unfortunately for the employee,...more

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

“Don’t worry about me, I carry weapons”: employee’s violent statements warranted serious discipline but not dismissal

by Dentons on

An electrician’s comment, “Don’t worry about me, I carry weapons” and “it would really feel good to kill something today” constituted workplace violence but did not warrant dismissal, the Ontario Labour Relations Board has...more

To the Woodshed: Self-Defense, Defense of Others and Retaliatory Discharge

by Baker Donelson on

The workplace can be very tumultuous. Employees working in close quarters inevitably have disagreements, and some employees prove themselves to be disagreeable troublemakers. Workplace bullying is considered by some to be...more

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