VIOLENCE IN THE WORKPLACE Preventing Liability. 5th Edition

Transcription

1 VIOLENCE IN THE WORKPLACE Preventing Liability 5th Edition

2 VIOLENCE IN THE WORKPLACE Preventing Liability 2008 LOUISIANA MISSISSIPPI NEW YORK OHIO TEXAS

3 TABLE OF CONTENTS Introduction... A History of Workplace Violence Statistics, Pre-9/ A New Awareness. Sources of Violence in the Workplace.. Types of Workplace Violence..... Employer Liability... Statutory Duties to Provide a Safe Workplace. Identifying a Hostile or Violent Employee... Preventing Workplace Violence.... Conclusion

4 INTRODUCTION According to the Bureau of Labor Statistics, workplace homicides in 2005 were the third leading cause of job-related deaths. There were 567 workplace homicides in 2005, accounting for almost 10 percent of the total 5,734 fatal work injuries in the United States. In its 2003 annual survey of professionals who are responsible for assuring the security of America s Fortune 1000 companies, Pinkerton Consulting and Investigations study showed that workplace violence is the number one security concern facing American businesses. Workplace violence costs over $36 billion annually and affects over two million Americans every year. One of the last bastions of relative safety the workplace is increasingly becoming a dangerous place for both employees and managers. Companies have a responsibility to maintain a safe work environment, and face liability when violence erupts. What can be done to reduce the risk and liability of violent situations in the workplace? Some warning signs have been identified: a consistency of the perpetrator profile; behavioral warning signs; and typical worker responses. In this booklet we offer some steps to help manage potentially violent incidents and prevent workplace disasters.

5 HISTORY OF WORKPLACE VIOLENCE INCIDENTS Going postal is a popular shorthand phrase for employee violence. The phrase derives from violence that erupted in the postal workforce. Prior to September 11, 2001, postal employees committed some of the most tragic and highly publicized workplace homicides and suicides in this country. Workplace violence, however, is not concentrated in the postal work place, but is prevalent in many other industries, as the following chronology covering only the past five years shows. 6/8/07 A disgruntled employee, apparently afraid she was about to be fired, shot and killed a co-worker at a Sarasota, Florida doctor s office. After fleeing the scene, she killed herself at her home. 4/20/07 A NASA employee, apparently upset over a poor job review and afraid he would be fired, shot and killed the co-worker who had given him the bad review. He then took another employee hostage for several hours before killing himself. 4/16/07 A student at Virginia Tech gunned down thirty-two people including several faculty members. The intense media coverage that followed focused in large part on the warning signs, including the shooter s history of stalking female students and disturbing written assignments that had scared fellow students and resulted in his removal from a class. 4/2/07 A man entered a university building in Seattle and shot and killed his former girlfriend and himself. The woman had obtained a restraining order against the shooter and asked coworkers to keep an eye out for him.

6 3/5/07 A disgruntled employee shot three co-workers at a California menu printing plant, then killed himself. The shooter was apparently upset about a recent reduction in work affecting all employees. 2/12/07 An investor, upset over a bad deal, killed three colleagues and wounded a fourth, all of whom he blamed for the deal. The gunman had called them into a boardroom meeting where he tied them to chairs and shot them execution style. 1/2/07 A recently fired employee returned to the Detroit sports bar where he d worked and stabbed two employees to death. 12/1/06 A U.S. Postal Service supervisor was shot and killed execution-style in front of her San Francisco home by a disgruntled employee who later killed himself. 11/12/06 A former security guard who had quit his job a month earlier was arrested after police say he returned to his Phoenix workplace and shot his replacement and another employee. 9/3/06 A co-worker at a Columbia, South Carolina fast food restaurant allegedly shot and killed two co-workers after robbing the restaurant before the start of his shift. 4/18/06 A former employee returned to the St. Louis catering company where he had worked and opened fire, killing two and injuring one before he killed himself. Employees at a local retail store had called police earlier in the day after the shooter had bragged that he was going to shoot his boss.

7 1/30/06 A former postal worker put on medical leave for psychological problems returned to the California mail processing center where she had worked and shot five employees to death and killed herself. Although she hadn t worked at the center for two years, she managed to gain access to the facility by following another car closely through the gate and stealing at gunpoint an employee s electronic ID badge that allowed entry to the building. 8/23/05 Two employees of a Phoenix-area retail store were shot by a mentally disturbed man with no apparent motive while working in the parking lot. 5/5/05 A lawyer employed by a Houston oil services company shot and killed a fellow coworker and attorney while the two were sitting at a desk in an office. He then turned the gun on himself. 3/12/05 A rape suspect in an Atlanta courthouse for a scheduled appearance grabbed a deputy s gun and killed a judge, a court reporter and a deputy who chased him from the courthouse. 2/21/05 An employee at a Mississippi shipyard opened fire at work, shooting two co-workers, one of whom later died. 11/18/04 A young man entered a store in a St. Petersburg, Florida mall and shot two salespeople and a customer and then killed himself. One of the clerks and the customer were killed, while the other clerk was left blinded by the shooting.

8 10/21/04 A former employee walked into an Earth City, Missouri conveyor belt factory and began shooting, wounding one worker. There were more than 100 workers in the plant at the time of the shootings. The shooter had been fired a year earlier for attendance problems. 8/24/04 A man in an Ohio retail store shot and killed an employee and a customer after an altercation in the paint aisle. After a police pursuit, the shooter shot and killed himself. 7/2/04 A worker entered a Kansas City, Missouri meatpacking plant and shot seven workers, killing five and himself. Police characterized him as a disgruntled employee. 5/24/04 A high school cafeteria worker was shot and killed in the parking lot of the Salt Lake City, Utah school where she worked. Her husband of twenty-three years killed her and then himself, apparently upset over their recent separation. 3/23/04 A man entered his wife s Asheville, North Carolina office where he shot her in the head and shot at one of her co-workers. The couple had recently separated, and the wife had obtained a temporary restraining order against the shooter. 2/2/04 A man suspended from his job outside Provo, Utah returned to work after a meeting regarding his suspension and shot his supervisor. Disturbed by the employee s behavior after the meeting, employees had called police. He returned after police had left and shot his victim when management met him at the front door. He was apprehended after shooting himself.

9 1/29/04 The longtime boyfriend of a recently fired real estate agent walked into her former office in Seminole, Florida and opened fire on a partner and another employee, killing one and wounding the other. He then killed himself before police arrived. 11/16/03 A former employee who had worked out of a trucking company s Atlanta office two years earlier drove past security guards at a suburban Ohio location, entering the office and opening fire. He killed two and injured three and was later apprehended by police. 8/27/03 A former employee fired six months earlier entered a Chicago auto supply warehouse and killed six people before police were able to enter and kill him. The shooter had been arrested twelve times in fourteen years and had a conviction for unlawful use of weapons. 7/8/03 After leaving a mandatory meeting on diversity in the workplace at a Meridian, Mississippi defense plant, an employee returned with guns, shooting fourteen and killing five before killing himself. The employer had previously sent the shooter for a psychological evaluation after a racially-charged argument with a co-worker less than two years before the shootings. 4/8/03 A woman who worked in a Boston-area hospital as a receptionist entered a doctor s office and shot him four times, killing him. She then shot and killed herself. 10/28/02 A student opened fire at an Arizona nursing school, killing three professors before killing himself. The gunman had previously made threats on the school to faculty members.

10 9/16/02 A New York City executive shot and killed two of his employees and himself after calling one of the employees into his office. Police theorized that the second employee had accompanied the first because she was afraid to be alone with her boss. 06/07/02 A 20-year employee of the Providence Journal newspaper shot two employees at his work facility, killing one of the victims. He then drove to the residence of a third employee and shot him to death. Following the incident, he sat in his car, set it on fire, and then shot himself to death. 05/29/02 A 20-year old defendant in a criminal case in Milwaukee grabbed a bailiff s gun and wounded him, and was shot to death by a plainclothes police officer. 04/19/02 A fired temporary worker returned to a Miami Beach construction site and shot his former supervisor in the chest with a spear gun. 04/15/02 In a medical clinic in the city of Industry, California, a technician allegedly shot and killed three clinic members, including one doctor, then turned the gun on himself. 04/10/02 A police officer in Dover Township, New Jersey allegedly gunned down and killed five of his neighbors, drove to the residence of the police chief, with whom he had worked for years, and wounded him. He fled and committed suicide. 04/05/02 At a worldwide telecommunications firm in Raleigh, North Carolina, a disgruntled employee allegedly made threats to fly his airplane into his workplace. He was fired and arrested for terrorist threats.

11 03/22/02 Fearing impending termination, a worker at an aviation parts manufacturing plant in South Bend, Indiana shot three employees to death, wounded another four employees, and later committed suicide. 03/01/02 A worker at a Silicon Valley biotech firm shot and killed his former boss at her residence then later turned the gun on himself. 02/05/02 At a Mobile, Alabama newspaper office a mailroom worker shot a fellow employee to death and fled. He was later captured by police. 01/30/02 A bus driver allegedly walked into a co-worker s bus at a school district bus garage in Zanesville, Ohio and opened fire killing her, then took his own life. 01/18/02 In a Fort Lauderdale, Florida community college a man allegedly shot his exgirlfriend to death then turned the gun on himself. 01/16/02 Following academic dismissal at a Virginia law school, a former law student allegedly killed two professors and one student, then wounded three others before being subdued by bystanders.

12 STATISTICS, PRE 9/11 The Census of Fatal Occupational Injuries program collects information on all fatal work-related injuries, including workplace homicides, occurring in all states. Continuing a downward trend since the record high of 1,084 in 1994, by 2001, workrelated homicides had fallen to their lowest level since the census began. Deaths from homicide during 2001 numbered 639, excluding fatalities resulting from the September 11th tragedy. The deaths attributed to the terrorist attacks of 9-11 are counted separately for purposes of analyzing trends, but the combined number of lives lost totaled 2,886 persons. Most of the fatalities that occurred as a result of those events fall within the scope of the fatalities program.

13 A NEW AWARENESS In light of the terrorist attacks on September 11, 2001, violence in the workplace has become more of a critical concern. Employers are faced with ensuring the safety of their employees while minimizing their potential legal liability. The first step in accomplishing this goal is to develop a workplace violence prevention program. In order to develop a comprehensive procedure, an employer should be familiar with the following issues that this booklet discusses: 1. The sources of violence in the workplace; 2. Types of workplace violence; 3. An employer s liability in cases of workplace violence; 4. The employer s statutory duties to provide a safe workplace; and 5. Clues for identifying a hostile or violent employee.

14 SOURCES OF VIOLENCE IN THE WORKPLACE Competitive pressures, changing workforce demographics and domestic dysfunction are a few of the sources linked to violence in the workplace. Relentless global market forces demand constant changes in methods of production and workplace organization. Company mergers, takeovers, and mid-life career crash can foster anxiety and hostility among employees. In an era of mass layoffs and unemployment, an unprecedented sense of personal economic insecurity has become the central phenomenon of life in America. The long-term consequences of such insecurity may be overwhelming psychological stress and even trauma, leading to hostility and outbursts of violent, bizarre behavior. Another source of violence in the workplace that has been identified by experts in the field is the increase in ethnic, cultural and gender diversity that can foster inter-group tension. Research survey results show that many minorities agree with the negative stereotypes of other minority groups, even though they share the difficulties associated with discrimination by the majority. Other major sources of violence in the workplace are domestic ills, such as domestic discord, alcohol abuse, and drug abuse. An abusive domestic environment is often a workplace liability to the victim. For example, employees who are victimized by domestic violence are sometimes discharged because their abusers threaten to attack them at work. This terrifies co-workers and disrupts the work environment. Although many employers treat such situations with compassion and sensitivity, sometimes fear and disruption can escalate to a degree that management can conclude it is left with few options for managing the risk other than discharging the victim.

15 TYPES OF WORKPLACE VIOLENCE According to the National Institute for Occupational Safety and Health, workplace violence is any physical assault, threatening behavior or verbal abuse occurring in the work setting. It includes, but is not limited to, beatings, suicides, shootings, rapes, near suicides, vandalism, psychological traumas such as threats, obscene phone calls, intimidating presence, and harassment of any nature. Generally, there are four different kinds of workplace violence: Violence by employees; Crimes by unknown assailants; Displaced domestic violence; and Violence against employees by those for whom the organization provides services. It is critical for an employer to be familiar with the various types of workplace violence in order to understand the legal risk that each type imposes. The Employee Violence by employees tends to take one of two forms. Violence by the disgruntled employee involves a worker who believes that he or she has been, or is being, subjected to wrongful treatment by an employer. This type of employee is most analogous to the stereotypical description of the postal employee. Employee violence also takes the form of sexual harassment. This scenario usually involves an employee being sexually harassed by a co-worker or a superior. If the sexual harassment rises to the level of sexual assault or rape, the liability claim can accrue to the employer. An Unknown Assailant

16 The second type of workplace violence involves crimes that are committed by a person other than an employee or an employer. The crime is committed by an unknown assailant at the victim s place of employment. Usually, the victims work in retail businesses that are open very late or 24 hours and have one clerk on duty with minimal security. Convenience stores and 24-hour gas stations are popular targets for crimes that could escalate into violence. According to a 2004 FBI report on workplace violence, these types of incidents account for 80 percent of all workplace homicides. Displaced Domestic Violence The third kind of workplace violence is displaced domestic violence. According to a 2000 study, a woman is battered by her husband, boyfriend, or live-in partner every 15 seconds in the United States. Nearly 5.3 million incidents of domestic violence occur each year among women over age 18. A 2005 study estimated that 20 percent of threats made by domestic partners and 74 percent of stalking incidents by domestic partners occur at work. Once domestic violence begins to occur in the workplace, concerns are heightened for the safety of both the targeted victim and other employees. Employers can help reduce the likelihood of their employees being victimized at work by taking adequate security measures to prevent abusers from coming into the workplace. There have been recent legislative efforts at both the state and federal level to provide protection for employees who suffer domestic abuse. For instance, bills have recently been introduced in both the U.S. Senate and the Texas House of Representatives that would require employers to provide leave without penalty for victims of domestic violence who need to make court appearances, seek legal or medical help or get assistance with safety planning. These provisions would operate like the Family and Medical Leave Act. The federal bill would also prohibit discrimination against victims of domestic violence and require employers to make reasonable accommodations for them. Critics of the legislation have argued that mandated leave

17 puts too high a burden on employers, especially small business owners, and that the anti-discrimination provisions in the federal bill may inhibit an employer s ability to protect its other workers from the spillover of domestic violence into the workplace. Violence by Customers Workplace violence often comes in the form of violence directed at employees by those they service, such as customers, clients, patients, students, or inmates. Some occupations are prone to this type of violence, especially in the healthcare industry. However, such violence can arise anywhere, and it is often triggered by things like arguments, anger over the quality of services, and delays.

18 EMPLOYER LIABILITY An employer has a legal duty to protect its employees. Courts have held employers liable for the violent acts of employees or third parties based on three causes of action: negligent hiring, negligent retention and negligent supervision. The theories of negligent hiring and negligent retention are similar except for the time frame for which liability attaches. A cause of action for negligent hiring is based upon an employer s failure to properly screen an individual prior to hiring. The theory of negligent hiring is that an employer whose employees are brought into contact with members of the public in the course of their employment is responsible for exercising a duty of reasonable care in the selection of its employees. Therefore, if an employer negligently hires an individual who is incompetent or unfit for the job, and knew or should have known through a reasonable investigation that the employee was unfit, the employer may be liable to third parties whose injuries were proximately caused by the employer s negligence. In states recognizing this theory, the elements for negligent hiring are usually stated as: 1. The company employed the offender (versus the offender being an independent contractor); 2. The employer knew or should have known through a reasonable investigation that the employee was unfit for the position; 3. A third party was injured; 4. The employer owed a duty to the person injured; 5. The injury was foreseeable; and 6. The injury was proximately caused by the employee. If an employer fails to make a reasonable inquiry, the court may charge it with knowledge of the employee s dangerous propensities that a reasonable inquiry would have uncovered. For example, in Ponticas v. K.M.S. Investments, the owner and operator of an apartment complex was negligent in failing to make a reasonable background investigation of the apartment manager, who had a criminal record involving violent crimes. The apartment manager was afforded access to the tenants

19 apartments by passkey, and he subsequently raped one of the tenants after using the passkey to enter her apartment. Negligent retention requires proof that the employer became aware through actual or constructive knowledge after hiring an individual that the employee was unfit for employment. The employer may be liable if it retains an employee who injures a third party in an incident that is somehow related to his employment. Also, an employer may incur liability if it learns that an employee has a criminal record, and fails to investigate further to determine if the employee poses a risk. In one such case, an action was brought by a customer who alleged he was assaulted by a bartender and a doorman. The court held the employer liable for the customer s injuries because it had failed to look into the nature of the employee s criminal record after being told that the employee had a record. The court placed particular importance on the volatile nature of a drinking establishment that presents a high potential for heated confrontations and puts a higher burden of responsibility on the employer. Negligent supervision is least common among the three theories of employer liability. However, a recent court decision held a hospital liable for its employee s sexual assault on a patient under a theory of negligent supervision. In its decision, the court placed importance on two facts: (1) the employee had a criminal record for sexually abusing patients at a previous job which would have been discoverable through reasonable inquiry; and (2) the hospital had recently placed the employee on disciplinary probation for similar complaints by other patients but had not altered or restricted his activities. Due to the various statutory and constitutional rights of employees, employers should be careful about minimizing their liability without violating employee rights, such as privacy. For example, the Americans with Disabilities Act (ADA) prohibits employers from inquiring about past drug use or treatment for drug addiction or

20 alcoholism because the ADA protects people with such addictions who have been successfully rehabilitated. The ADA also prohibits pre-offer questions dealing with mental conditions. However, an employer may ask an applicant if he or she is able to perform the functions of the job and conduct medical examinations after a conditional offer of employment has been made. To minimize the risk of invasion of privacy and ADA violations, an employer should have job applicants sign releases authorizing their former employers to disclose all information in their personnel files and all information known about the applicant. Additionally, releases should be obtained allowing the employer access to criminal, financial, and driving records, if applicable to the job.

21 STATUTORY DUTIES TO PROVIDE A SAFE WORKPLACE In addition to common law duties, the Occupational Safety and Health Act (OSHA) requires an employer to provide a safe workplace for employees. The general duty clause of OSHA states that an employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards. To find a violation under the general duty clause, OSHA must establish: 1. The existence of a hazard; 2. That the employer or the rest of the industry recognized this hazard; 3. That the hazard was likely to cause death or serious physical harm; 4. That a feasible abatement method existed to eliminate or materially reduce the hazard. Violating the general duty clause of OSHA may result in severe penalties.

22 IDENTIFYING A HOSTILE OR VIOLENT EMPLOYEE There is no fool-proof profile of a hostile or violent employee. However, over time, a list of key indicators available to supervisors and managers has been developed. These indicators can suggest an employee in difficulty and that some kind of immediate intervention is needed: 1. Excessive tardiness or absences Employees miss an excessive amount of work reduce the workday by leaving early, departing the work site without authorization, or presenting numerous excuses for otherwise shortening the workday may be cause for concern. This is a particularly significant indicator if it occurs in an individual who has been typically prompt and committed to a full work day. 2. Increased need for supervision Employees exhibiting an increased need for supervision may be signaling a need for help. 3. Reduced productivity If a previously efficient and productive employee experiences a sudden or sustained drop in performance, there is reason for concern. 4. Inconsistency Employees exhibiting inconsistent work habits may demonstrate a need of intervention. 5. Strained workplace relationships The classic behavioral warning signs are identified under this category. If an employee engages in disruptive behavior in the workplace, immediate intervention to diffuse a potentially violent situation is warranted. 6. Inability to concentrate This suggests a worker who is distracted and in trouble. 7. Violation of safety procedures If an employee who has traditionally adhered to safety procedures is suddenly involved in accidents or safety violations,

23 stress (counted as a significant contributor to workplace violence) may be indicated. 8. Changes in health or hygiene An employee who suddenly disregards personal health or grooming may be signaling for help. 9. Unusual behavior Common sense is the best judge of this issue. Workers are typically quite familiar with the personalities of their peers and are often quick to notice significant changes. 10. Fascination with weapons This is a classic and easily recognizable behavioral warning sign. 11. Substance abuse This can be a gateway to violence. 12. Stress Stress is a serious and widespread problem in the workplace. 13. Excuses and blaming This is a classic behavioral warning sign that is often easy to identify but just as often ignored by managers. A worker who engages in this behavior is often signaling for assistance. 14. Depression Not all individuals suffering from depression are prone to violence. If, however, the depression is evident for a sustained period of time, intervention is recommended because a violent outcome is always a possibility. Experience and instinct are key tools for employers to use in interpreting these indicators. Presence of one or more of these indicators is not necessarily a sign that an employee is headed for violence. However, violence is a possibility when these factors are evident. Employers should be alert to these indirect pleas for help and provide a positive, timely response to ensure a safe and secure work environment.

24 PREVENTING WORKPLACE VIOLENCE There are no guaranteed actions an employer can take to prevent workplace violence. However, an employer should consider establishing a workplace violence policy to solidify its commitment to eliminating all forms of violence in the workplace. Employers must confront the potential head-on with programs that demonstrate to employees that management will not tolerate threats, intimidation or assaults. An employer who takes decisive action may have to defend a wrongful termination or discrimination claim, but the employer who fails to act could face greater liability from a tort claim. Security policies should cover searches, surveillance, weapons and explosives, fighting and threats, trespass, interference with lawful employment, and cooperation in investigations. Harassment issues should be covered in terms comparable to state stalking laws, and should address verbal and physical threats or intimidation. Included in the policy should be the company s position on after-acquired information. Employers can take a proactive approach to prevent violence. A first step might be to establish a risk management plan. This could include a work site analysis that starts with a review of safety records, a walk-through inspection, and an employee survey or interview. Management should be mindful of areas of increased risk, such as situations where employees work alone or in small groups, late at night or early in the morning, in high crime areas, and situations where there is an exchange of money with the public. Some tips for risk management plans are: Don t take any threat or statement lightly. Investigate and take appropriate action. Set a policy on how to handle violence, communicate it to employees, and stick with it. Get to know local police and seek their assistance and advice routinely. Check hiring procedures. Conduct reference checks. Develop security guidelines. Be prepared to deal with workplace trauma or crisis. Know employees well enough to spot problem trends and aberrant behavior.

25 Pre-employment screening can be an important tool in reducing the likelihood of violence within the workplace. Such screening allows employers to identify and screen out potentially violent people before they are hired. When implementing screening procedures, employers need to be mindful of privacy and antidiscrimination laws, and the level of screening that is appropriate will vary with the types of jobs being filled. Red flags employers should watch for include a history of substance abuse, past conflicts with coworkers, convictions for violent crimes, a defensive and hostile attitude, and a history of frequent job changes. One area of everyday human resources management which poses a real potential for violence is termination of employment. Firings and lay-offs are some of the most traumatic events of life, and callousness can only heighten the stress and anger associated with the event. Policies and procedures should be designed to assist those responsible for carrying out this task. Procedures may vary, but the following considerations apply to terminations in most businesses. 1. Terminate at the beginning or the end of the shift. 2. Do not allow the employee to return to his/her work area. 3. Make the firing a statement of fact, not a discussion or debate. 4. The act of termination and all associated paperwork and other activities including counseling and/or outplacement should take place in the same locale. 5. The terminated employee s dignity must be preserved. 6. If a violent reaction can be anticipated reasonably, notify security of local law enforcement, and ask them to be on standby.

26 Following are some additional suggestions and recommendations which could help minimize potentially dangerous situations in the workplace. Emphasize from the highest level in your organization that no form of workplace violence will be tolerated. Ensure that dignity is made part of all human interactions. Formulate a representative team of employees to develop policies and procedures for the awareness and prevention of workplace violence. Adopt penalties and disciplinary process that are (and appear to be) proportionate, consistent and fair. Educate employees on workplace violence awareness, early warning signs, emergency procedures and prevention. Provide your employees with training sufficient to improve their survivability skills in the event of a violent incident. Develop policies for the proper hiring, training, supervision, discipline and retention of employees with an emphasis on workplace safety and violence prevention. Encourage employees to report all threats or incidents of workplace violence to a designated management representative. Assess all threats for credibility, evaluate the person the threat, and determine the appropriate intervention. While most threats do not lead to a violent act, threats still damage workplace safety and must be addressed.

27 Establish employee assistance and peer support programs and encourage employees to seek help when needed and to assist employees who have already experienced workplace violence. Employ conflict resolution to address problems between employees. Take immediate action against all forms of workplace violence. Establish a working relationship with local law enforcement and be prepared to assist them in the event of emergency. Employ legal remedies which address the issues of workplace violence. Assign a dedicated media relations officer responsible for the timely and proper dissemination of information. Employ the highest practical level of physical security in your workplace. Continually evaluate your operation for improvement Employees who have already experienced workplace violence. Employ conflict resolution to address problems between employees. Take immediate action against all forms of workplace violence. Establish a working relationship with local law enforcement and be prepared to assist them in the event of emergency. Employ legal remedies which address the issues of workplace violence. Assign a dedicated media relations officer responsible for the timely and proper dissemination of information. Employ the highest practical level of physical security in your workplace. Continually evaluate your operation for improvement.

28 CONCLUSION Once incidents of work related violence were virtually unheard of, but occupational violence is a fact of life today. As companies down-size, reorganize, re-engineer, and demand more of each employee, stress levels escalate. The ease with which guns can be obtained, excessive graphic violence on TV and in movies, language, cultural, and ethnic differences among workers, and the general acceptance of violence as a form of communication by a large segment of our population are all at play. Ignoring the early warning signs of hostile or threatening behavior can lead to unspeakable tragedy and economic consequences far beyond the obvious. Educating employees, encouraging people to communicate their problems and concerns, and actively addressing issues in the workplace will foster an environment of cooperation and promote camaraderie. Every business, regardless of its size and type, should have a workplace violence program in place to avoid becoming a statistic. The material contained in this pamphlet raises numerous and complex issues and is not intended to be legal advice. If you have specific questions, please contact us.

29 McGlinchey Stafford, PLLC is a national law firm providing expertise in a wide variety of legal practice areas. Founded in New Orleans, Louisiana in 1974, the firm s more than 150 attorneys counsel clients from eight offices across five states: Louisiana, Mississippi, New York, Ohio and Texas. Key areas of practice include business, labor and employment, consumer finance, government, healthcare, litigation and public finance law. McGlinchey Stafford offers a unique set of legal skills and practice experience that attract a wide spectrum of clients across the nation. We are counsel of choice for Fortune 500 corporations, financial institutions, governmental entities and entrepreneurial organizations. Our attorneys shape the client experience with sound communication, cutting-edge ideas, strategic quality and time & budget efficiency. Licensed in 19 states, McGlinchey Stafford s attorneys have served as legislators, leaders of civic and national organizations and presidents of national, regional, state and local bar associations. Our attorneys and professionals are hailed for exemplary legal skills, pioneering diversity efforts, and meaningful contributions to their communities. Together, McGlinchey Stafford attorneys work as a unified team, creating the intersection of business and law today and tomorrow.

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