We all know they’re going to happen. Like the recent one in San Jose, mass shootings have become like bad highway accidents that kill several people. We read about it, maybe we imagine something like that happening to us, and we move on with our day. Not all workplace shootings are inevitable. If an employee threatened or was violent with another, management can try to prevent future violence. A restraining order should keep someone away from the workplace and may stop a tragedy from happening.
If a current or former employee has committed violence against an employee or threatened to do so, your company may qualify for a Workplace Violence Restraining Order (WVRO) on that person. It’s a court order the person stay away, and if it’s violated, they can be arrested and convicted of a crime. If you think your workplace may need this help, call Anthony Burton at (949) 244-4207.
Restraining Order May Be Put in Place After an Employee is Threatened or the Victim of Violence
An employer with an employee who’s been the victim of violence or has been threatened with violence that was, or can be construed to be, carried out at the workplace may seek a restraining order through a California court.
Workplace violence restraining orders concern death threats, threats of violence, and similar actions aimed at an employee or set of employees. Employers have a legal obligation to keep their employees safe from known threats like these. They also have a legal right under California law to get a restraining order on behalf of their employees. Employers should take these threats seriously and prevent workplace violence. An employee can’t get a WVRO for themself, but one obtained by the employer would cover affected employees.
Under California law (Code Civ. Proc., § 527.8), courts can issue orders protecting a worker from unlawful violence or threats of violence in the workplace. The court could order a person not to:
- Harass or threaten the employee
- Contact or go near the employee
- Have a gun
Under the statute, as part of the filing, the petitioner includes a declaration containing facts. The judge would need to feel it shows reasonable proof an employee suffered illegal violence or a threat of violence by the respondent (the employee at issue) and “great or irreparable harm” would result if the order isn’t issued.
The order would be good for 21 days. The respondent would be provided with the filing and order. They can respond in writing and have a chance at a hearing to dispute the claims or explain what happened. The employer can also present evidence supporting their side of the story.
If the judge finds clear and convincing evidence the respondent engaged in unlawful violence or made a credible threat of violence, an order would be issued prohibiting further unlawful violence or threats of violence. It could be last as long as three years.
San Jose Employer May Not Have Qualified for a WVRO, But Your Company Might
In May, an employee of the Valley Transportation Authority (VTA) in San Jose, Samuel Cassidy, shot and killed eight co-workers before killing himself. NBC Bay Area reports the same day, he was scheduled to attend a meeting about possible discipline for using racist language at work. It was well-known Cassidy disliked his job and the people he worked with. He divorced his former wife in 2004. She stated he said he wished he could kill his co-workers, but she didn’t think he was serious.
So far nothing’s been reported showing Cassidy threatened a co-worker or was violent with one before the shooting, so there doesn’t appear to have been grounds for a WVRO if the VTA had wanted one before the mass murder. These orders have limits, but they also may be lifesavers in other situations.
We’re Here to Help
Call us if there have been threats or violence in your workplace. We have filed these restraining orders for clients in the past and we can help you decide if seeking one is right for you. Call us at (949) 244-4207 or fill out our online contact form today so we can talk about your situation and what you should do next.
