Firing the Violent or Threatening Employee …

1 "The Threat From Within: Preventing Workplace Violence " 1 Firing the Violent or Threatening Employee without Being fired On Steven C. Millwee, CPP SecurTest, 2003 "You haven't heard the last of me!" It used to be that when a disgruntled applicant or Employee said this, you didn't think of workplace violence! An Employee with a history of emotional problems says he is going to kill one of your DO YOU DO? An Employee who has been under a lot of pressure at work and home tells a co-worker that he is going to "take out" management and shoot everyone "..WHAT DO YOU DO? An Employee calls you saying one of the crew employees has said he is hearing voices come from the drive-thru headset to kill all DO YOU DO? An Employee is fired after making threats of workplace violence and a potential future employer calls you for a DO YOU DO? An Employee who has been telling coworkers he is from another planet is seen with a gun in his pants at DO YOU DO?

2 You try to explain to senior management the need to better screen crew applicants for their history of violence. The response is that you're in a tight labor market and screening will create operation DO YOU DO? All these examples are real-life scenarios. They are increasing frequent problems facing food service employers. As part of your organization's line of first defense, you may be called upon to prevent, react to, or even deal with the tragic aftermath of one of a thousand scenarios involving actual or threatened workplace violence. Proactive organizations focus on all areas of workplace violence, not just external threats. Are you prepared to deal with it right now? The correct response could prevent a tragedy and spare innocent lives. An improper response could well be the catalyst of a workplace disaster jeopardizing your own life and the lives of your fellow employees. At the very least, an improper response could subject you and your organization to legal liability for defamation, false imprisonment, malicious prosecution, negligent hiring and retention, invasion of privacy, or a host of other civil tort theories.

3 Violence has moved from the streets into the workplace. An average of fifteen people is murdered on the job each week across the country and homicide is the number one cause of death for women in the workplace. One sixth of all Violent crimes occur at work. Workplace violence were estimated to have cost employers over four billion dollars in 1992 alone. The human misery toll is immeasurable. Every Employee and manager should become familiar with the risks and signals of workplace violence and be prepared to deal effectively with them. Managers, employees, and companies are held accountable for what they should have known, not just what they knew. Employers cannot use ignorance of the past history of violence or criminal activities of its applicants or employees. Here are some questions you might ask yourself and your organization executives: What type of pre-employment screening does your organization conduct to avoid negligent hiring and retention situations and claims?

4 Will the average juror say you adequately screened a Violent Employee about his past before hiring him? Will your liability insurance pay a jury verdict if your Employee is found to have intentionally hurt an Employee or customer? What plan does your organization have for emergency situations involving an Employee or former worker presenting or believed to be presenting an imminent threat of violence? Does your organization have a written policy concerning workplace threats and violence? How are reports made? Do you have a "hot-line" where employees or customers can alert you to potential land mines? Do you have "The Threat From Within: Preventing Workplace Violence " 2managers who lack crisis management training, yet think they can diffuse a Violent Employee ? Do you have the necessary authority to call in professionals to deal with Threatening situations? Does your organization participate in an Employee assistance program to counsel employees and former employees who present threats of violence to themselves or others?

5 What are the risks under the ADA of using such programs to deal with potentially Violent workers? Making threats is a crime and a violation of security. What steps would you take in the aftermath of a workplace tragedy? What do you say to your employees, the next-of-kin and the media? What is your policy on furnishing information to potential future employers about a worker who was discharged for violence-related conduct? Organizations must know how to identify the Violent applicant before becoming a Violent Employee . Also, once an Employee becomes Violent or Threatening , managers must effectively deal with the individual to minimize future legal and safety issues. Organizations can no longer rely only on references and interviews to make right hiring decisions. Employers can learn the objective biographical history of applicants and employees. Thus, employers can no longer say, "Why should I screen applicants and employees when nothing bad has ever happened?

6 " If you don't have solid, carefully considered answers to these questions, your organization's executives, human resource staff, operations managers, risk managers and security/loss prevention managers should act now. This handout is a beginning. The welfare of your employees may depend on what you do when confronted with a workplace violence situation. Customers and Employees Expect you to Know Who You THE LAW DEMANDS IT! Risk Assessment Inconsistencies in management practices can greatly exacerbate the workforce. It can push the potentially Violent worker over the edge, giving him a sick rationalization for his actions. The day of the autocratic manager is over for organizations wanting to prevent workplace violence. Diversity training, effective grievance procedures, and conflict resolution training are essential elements of an effective "zero workplace violence and harassment tolerance program." Managers must create a corporate culture where every Employee is sensitive to the changes in mood or demeanor that may signal a problem.

7 Workers must be trained to recognize certain behaviors and risks that accompany Violent acts. They must feel that they can speak to management about their observations or concerns. Importantly, they must have confidence in management that quick, confidential where appropriate, and forthright action will be taken. The Violent workplace mirrors an increasingly Violent society. The proliferation of guns is a factor since 75 percent of workplace murders are committed with firearms, says NIOSH. Domestic violence has permeated the workplace. The husband or boyfriend slapped with a restraining order from the female Employee 's home can still hunt her down at work. If you intended to kill someone, without fear or care of being caught, you would also likely target your victim at work. Law enforcement is rarely present in the workplace and employers are often ill prepared for Violent retribution against its workers. Thus, you can no longer live in denial.

8 Workplace violence by disgruntled workers strikes every organization, from churches to schools, from white collar to blue collar, even your organization. One of the most effective methods for helping your management team receive a wake up call to workplace violence before it is too late is to answer the following questions. Assume your organization has had an Employee turn deadly. You and other managers from your organization take the witness stand. You are trying to convince a jury that you were not negligent in hiring, retaining or supervising a worker that turned Violent . What did you do to verify the information on the employment application? Who interviewed the applicant? What was asked? What did the applicant say? What notes did you take? Were the former employers contacted? Who did you speak to? What did each say? What did was asked about his criminal history and history of violence? Was the inquiry in writing? What notes did you take?

9 Did you give him any pen and paper questionnaires to identify his history of violence or criminal conduct? Did you check his personal references? Who did you speak to? What did each say? What did "The Threat From Within: Preventing Workplace Violence " 3you ask? Was the inquiry in writing? What notes did you take? Did you conduct a criminal history search prior to hiring the applicant? What counties and states did you search? If you didn't check for a criminal record, why? Was the applicant given a drug test before he was hired? Did you have someone from security interview the applicant prior to his employment? What positive information did you ascertain about the applicant prior to his employment? What negative information did you ascertain about the applicant prior to his employment? What meetings did you or other supervisors have with your employees about: security, theft complaints, drug and alcohol use, and workplace violence?

10 Did you have a harassment policy at the time of the applicant's employment? Did you have a sexual harassment policy? Did you have a workplace violence policy? Did you have procedures on workplace security? What did you do once an Employee was hired to periodically determine if he or she was fit for continued employment? Did you ever question employees about security, harassment, or violence? Did you give any written test to an Employee to determine if he or she was engaged in any unlawful activity while acting in their official capacity for your organization? Did you ever speak with the police or local law enforcement about the applicant? Did any police officer or probation officer ever speak to you or your organization about the applicant prior to the workplace violence incident? What were the responsibilities of the supervisors to ensure that the applicant did not harm anyone? What communications or policies did you develop concerning the safety of the public and your employees?