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Threats or Violence at the Workplace Experienced Trial Attorneys









EMPLOYMENT LAW INSTANT CASE EVALUATION

Threats or Violence at the Workplace

In addition to violations of the Fair Employment and Housing Act (FEHA), and retaliations prohibited under Government Code § 12900 and Health and Safety Code § 1278.5, several specific statutes outline liabilities related to threats or violence in the workplace.
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EMPLOYMENT LAW


 

California Penal Code Sections

California Penal Code includes provisions that directly address threats or violence in the workplace, ensuring employees are protected from physical harm or intimidation. For instance:

  1. Criminal Threats (Penal Code § 422): This statute prohibits individuals from threatening to commit a crime that would result in death or great bodily injury to another person, including threats made in the workplace.

  2. Assault and Battery (Penal Code §§ 240-248): Assault involves an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Battery, on the other hand, involves the actual use of force or violence against someone else. Both actions can occur in workplace settings and are subject to legal consequences.

  3. Stalking (Penal Code § 646.9): Stalking involves intentionally and repeatedly harassing or threatening another person, causing them to fear for their safety or the safety of their immediate family. This can occur in workplaces and can lead to civil or criminal liability.


Civil Actions for Workplace Violence

In addition to criminal liability, victims of workplace violence may pursue civil actions against perpetrators and potentially their employers under various legal theories:

  1. Negligent Hiring and Retention: Employers have a duty to exercise reasonable care in hiring and retaining employees. If an employer knew or should have known about an employee’s violent tendencies and failed to take reasonable steps to prevent harm to others, they may be held liable for negligent hiring or retention.

  2. Intentional Infliction of Emotional Distress (IIED): Employees who suffer severe emotional distress as a result of threats or violence in the workplace may have a claim for IIED against the perpetrator. This claim requires proof of outrageous conduct that intentionally or recklessly causes severe emotional distress.

  3. Workers’ Compensation: Employees who suffer injuries from workplace violence may be entitled to workers’ compensation benefits, which cover medical expenses and lost wages resulting from work-related injuries.


Preventive Measures

Employers can take proactive steps to prevent threats or violence in the workplace:

  • Adopt Workplace Violence Prevention Policies: Establish clear policies prohibiting threats, violence, and harassment in the workplace. Provide training to employees on recognizing and reporting threatening behavior.

  • Security Measures: Implement security protocols such as access control, surveillance systems, and security personnel where necessary to protect employees.

  • Employee Assistance Programs (EAP): Offer EAPs to provide employees with resources for managing stress, conflict resolution, and mental health issues that may contribute to workplace violence.


Legal Consultation

If you have experienced threats or violence in the workplace, or if you are an employer seeking to establish comprehensive workplace safety policies, contact our experienced attorneys at SAW LAW GROUP. We can provide legal guidance tailored to your specific situation and ensure your rights are protected.


 

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