Three employees complained that Adelanto Elementary School District Superintendent Michael Krause engaged in a years-long pattern that included angry outbursts, intrusive text messages, unsolicited photographs, monitoring them at or near their homes and workplaces, and jabbing his finger at two of them. The employees sought mental-health treatment and feared retaliation.
The District terminated Krause’s employment pursuant to the terms of a separation agreement and general release. The agreement included provisions that required Krause to stay away from the employees and the District to waive all employment-related claims against Krause. Next, Krause successfully ran for a seat on the District’s Board of Trustees.
The District then sought a workplace violence restraining order (WVRO) against Krause. The California Superior Court issued a WVRO that prohibited Krause from harassing, contacting, or disturbing the peace of the employees and generally required him to remain 100 yards away from them and their workplace. The order permitted him to attend Board meetings under specified conditions. Krause appealed. Krause argued, among other things, that the District’s waiver of claims against him in the separation agreement barred the WVRO proceeding.
The California Court of Appeal affirmed the WVRO with modifications. The Court held that an employer’s right to seek a WVRO on behalf of employees cannot be waived under California law because preventing workplace harassment and violence is an individual right and serves a fundamental public purpose. The Court held that the District proved that there was a reasonable probability of future harassment due to Krause’s repeated conduct, renewed presence as a Board member, and lack of insight or remorse. The Court modified the WVRO to accommodate Krause’s First Amendment rights and shortened the four-year duration of the WVRO to three years so it would not exceed the statutory maximum.
Adelanto Elementary School District v. Krause, 121 Cal. App. 5th 699 (2026).