LCW Obtains Workplace Violence Restraining Order For Special District

Category: Fire Watch
Date: Jun 24, 2019 04:38 PM

California employers may seek a temporary restraining order (TRO) and a permanent injunction against anyone in order to protect current employees from unlawful violence or a credible threat of violence in the workplace.  As part of the LCW employment relations consortium, a Special District contacted LCW to report that one employee assaulted another employee, without provocation, at the workplace.  The employees seldom spoke to each other, and the employee who was attacked does not know why the other employee assaulted him.  No other employees were present in the room during the attack, but members of the public and children were present.  The Special District reported it terminated the attacker-employee, but thereafter, other employees saw him the parking lot and they were concerned.  The employee who was attacked feared he would be attacked again if he encountered the former-employee.

LCW attorney Alison R. Kalinski advised the Special District that the best way to protect the employee who was assaulted would be to obtain a Workplace Violence Restraining Order.  After obtaining the TRO, Kalinski met with the employee who was attacked and other witnesses to prepare for the hearing.  Kalinski guided the employee’s testimony in court about the attack and his fears that it could re-occur.  In response, the court issued a permanent restraining order that keeps the attacker away from the employee and the worksite for three years.

NOTE:

Employers have a duty to provide a safe workplace.  If you are aware or suspect any threats of violence to any employees, LCW can advise and determine whether a Workplace Violence Restraining Order is appropriate.

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