Workplace violence continues to make the news, raising questions about the safety of both employers and employees. While there may be no specific profile for potentially dangerous individuals, an increased awareness and learning of how to recognize, avoid or diffuse a potentially threatening or violent situation helps to provide a safe and healthy work environment.
While conflict in the workplace is normal, employers should set and enforce clear standards of acceptable conduct. Mounting work and personal or economic pressures affect people in different ways. An employee may feel rejected or overlooked after not receiving a promotion, transfer or raise, or may be angry learning about a potential layoff or salary freeze. An employee may be experiencing psychological problems, under the influence of alcohol or drugs, or suffering from stress at home. These types of behaviors may come from co-workers, customers or clients, or others not employed there.
Establishing a company-wide misconduct policy not only sets a clear standard of acceptable conduct in the workplace, it helps prevent disruptive behavior, such as yelling, using extreme profanities, waving fists and verbally abusing others. Such a policy also creates a protocol for handling threatening or violent behavior.
Workplace violence can include any act or threat of physical violence, intimidation, harassment or other disruptive behavior that occurs in the workplace. It also includes behavior that a reasonable person would interpret as being potentially violent or threatening, including throwing things, destroying property or specific threats to hurt someone.
It is critical that all employees know the policy and understand that all misconduct will be investigated and remedied. Training and company-wide publication of a misconduct policy reinforces the company's expectations of behavior and makes clear that disruptive, threatening and violent behavior will not be tolerated. Employees should be told that if they receive or overhear any threats from an employee, customer or client, or outside third party, to report it at once. Employers may also consider prohibiting firearms (loaded or unloaded) and other weapons on the premises, in company vehicles, or while on company time.
Employee assistance programs (EAPs) also offer a cost-effective way of providing services to employees who need the support and guidance of a personal counselor and to the employer when it is faced with a volatile employee and not sure how to handle it. For example, EAP counselors can be available on-site when an employer is implementing a layoff.
A key in threat assessment is to distinguish and effectively evaluate behavior of concern and to develop options for managing the situation. All reports of misconduct should be investigated carefully and promptly. In every situation, all efforts and observations should be documented.
Dealing with disruptive, non-threatening behavior will involve a different protocol. When appropriate, the company should meet with the individual and set clear expectations for improvement in job performance or in the relationship with co-workers, or provide additional resources for outside help. If action is taken, the company should follow up to ensure the expectations of behavior are met and changes to the employee's behavior are made.
For specific threats of imminent violence, the course of action may include calling 911 (outside the sight or hearing of the individual), alerting others of the danger, and getting people to safety as quickly as possible. The employer may seek assistance from a counselor or legal counsel. Employees should not attempt to intervene physically or deal with a volatile situation themselves. n
Jennifer L. Parent, Esq., is a director in the Litigation Department and chair of the Employment Law Practice Group at McLane, Graf, Raulerson and Middleton, Professional Association. She can be reached at 603-628-1360 or Jennifer.parent at mclane.com.
Current Issue - April 2024