EMPLOYERS BEWARE:
Liability for Violent Acts

Since the 1980's, there has been an increasing incidence of violence in the workplace. In the past, the most dangerous occupations were found to be jewelry store owners, security guards, gas station attendants, bartenders, liquor store attendants, and taxi drivers. However, today violence can be found in virtually all professions and workplaces.

Courts have found that employers may be held liable for violence by others against their employees under certain circumstances. In general, liability has been imposed upon employers who failed to take reasonable measures to prevent violent incidents in the workplace which the employer knew or should have known were likely to occur.

In addition, legal theories such as respondeat superior (an employer is liable for the acts of its employees during the course and scope of employment), negligent hiring or negligent retention of employees prone to violence have resulted in liability for employers for injuries to others caused by their employees.

Furthermore, the Occupational Safety and Health Administration (OSHA) has issued citations to health care institutions as a result of altercations between employees and patients, and to real estate management companies for injuries to personnel by tenants and other visitors to the premises.

Steps that an employer can take to attempt to minimize potential liability and citations include providing appropriate security measures and developing and enforcing a no tolerance policy for workplace violence. Before an employer develops such a policy the employer should at a minimum consider: prior incidents of violence, employee injury records, the perceived potential of violent incidents, employee concerns and complaints, the physical structure of the workplace (lighting, parking, and physical layout), and any existing security measures in place.

Taking into account the initial considerations, the employer should develop controls such as security devices, alarms, personnel, and/or administrative procedures designed to reduce the occurrence of past incidents, or control an incident once it has begun. Further the employer should create a written policy or revise existing written policies to: ban any object construed as a weapon from the employer's premises, request employees who experience or witness violence to report such incidents, outline the procedure that will be followed to investigate and take appropriate action upon any reported incidents, indicate that any violence by an employee in the workplace is grounds for immediate dismissal. As well the employer should provide training to employees (especially those who meet, greet, or deal with clients) on how to be attuned to potentially violent behavior, how to report violent acts, and how to deal with violent acts as they occur. The employer should further review any existing screening process for potential employees to assure the process attempts to discover and address any violent behavior in an applicant's background.

It should be noted that, whenever preparing, reviewing or revising its policies and procedures, the employer should consult with legal counsel and other appropriate experts. While these guidelines are provided for purposes of this discussion there are a multitude of additional laws and regulations that impact upon hiring, termination and workplace conduct that must also be considered.