Violence in the Workplace

Workplace violence is, or should be, an issue that concerns every employer. An employee may attack a coworker, or be attacked by a customer. You're at risk too, since employers are all too often the victims of workplace violence. From your perspective as an employer, work rules can serve as a deterrent by making employees aware that there can be severe consequences attached to even minor incidents involving physical confrontation or contact.

In determining whether to have a formal policy on violence in the workplace, you need to realistically assess the chances of an incident occurring. The probability of workplace violence increases as the number of employees you have increases. Even if you do a good job in screening applicants and you avoid hiring people with a history of violent behavior, there’s no guarantee that your employees will get along with one another. Stress and pressure resulting from the demands of the job are also likely causes of workplace violence.

If you decide that a formal policy is warranted by the particular circumstances of your business, explain in clear and simple terms exactly what types of conduct are prohibited, and what sanctions you'll impose on those who violate the policy. While the policy itself is unlikely to violate any employment laws, your enforcement of the rules must be even-handed and fair. Consult an attorney who has experience with written workplace violence policies to ensure that your policy is legal and appropriate to your business circumstances.

Regardless of whether you have a formal policy, it’s important to keep your head when an incident occurs. Don't respond to a situation rashly. Your first priority should be to stop the fight or other violent incident. Then, investigate what happened, and why. Impose sanctions only after you're sure of the facts and you've documented them so you can explain your actions if they're ever challenged. To curtail violence among employees in your business, take the following steps:

Review your recruiting and hiring procedures. Institute criminal background checks and carefully check all references and former employers.
Check external and internal security. Use external security to prohibit uncontrolled access by outsiders throughout the business premises.
Identify those members of your staff (such as yourself) who may be likely targets, and establish procedures to control access to them.
Take every known threat seriously. Follow up and investigate.
Know the warning signs of a troubled employee.
Prohibit the possession of all weapons, either inside the workplace or in an employee’s vehicle on company property.
Make sure all employees know how to reach your local police, ambulance, and security company if you have one.
If you need to fire an employee, do so with sensitivity, in a way that preserves the employee’s dignity.
Establish exit interview procedures that collect company keys, identification, etc., and alert you to any potential problems.

Warning signs of a violent employee. In many cases, there are early warning signs of a potentially violent employee that are not communicated to the people who could take action or that are not taken seriously. Be on the lookout for:

depressed or paranoid behavior
recent acquisition of a weapon
talking about or posting a clipping of a violent incident in another workplace

Former employees. You many have a legal obligation to provide information about a former employee that has a history of criminal violence or extremely aggressive behavior if an employer approaches you for a reference in connection with a job that would have your former employee working closely with the public. Faced with this type of situation, you should consult your attorney.