Protect Your Employees: Why You Need a Workplace Violence Policy
On January 1, 1993, I was on the 31st floor of Spear Street Tower at One Market Plaza in San Francisco. I had graduated from UCLA Law School the year prior and was practicing employment law at a prominent San Francisco firm. As I sat in my office with a view of the San Francisco Bay, a fellow lawyer ran into my office and informed me that the building was on lockdown. We gathered in a corner office that faced Market Street and 101 California. There were police everywhere, and streets were barricaded. Someone brought in a radio, and we listened with horror as the announcer informed the audience that a man with a gun had entered a law firm across the street and started shooting everyone in sight. Lawyers, clients, secretaries, visitors, a court reporter, and a summer associate were shot indiscriminately by this mentally disturbed man. By the end of the incident, nine people had died, and six were injured.
My experience was one of the many instances of workplace violence that have occurred over the years since that day. Back then, the event was so shocking, not only because it happened right across the street and at a law firm, but because it was almost unprecedented. It remained in the headlines for weeks. The California Legislature enacted new laws in an effort to curb gun violence. Employers implemented security measures and issued I.D. badges to employees. Little did we know that this was just the beginning. In 1993, there were seven mass shootings, defined as a shooting incident in which at least four people were shot. In 2022, there were 695.
A study conducted by several federal agencies found that, over a 27-year period from 1992 to 2019, nearly 18,000 persons were killed in workplace violence incidents. As a result, law firms specializing in representing employees who are victims of workplace violence have popped up all over the country. In addition, employees have sued employers for tens of millions of dollars for injuries due to workplace violence. So, how does an employer protect employees from workplace violence?
One essential step is to implement a workplace violence policy. This policy should define prohibited behaviors, such as possessing weapons in the workplace, physical violence, harassment, or threatening language. It should also outline the reporting and response procedures for employees who witness or experience such behaviors. Employers should establish consequences for violations, such as suspension, termination, and involving law enforcement. Finally, employers must ensure that all employees receive training on how to respond to situations.
Another key step is to conduct reasonable due diligence when hiring new employees, such as performing background checks and checking references, to prevent negligent hiring claims. Employers should also review the physical environment and implement appropriate security measures, such as well-lit parking areas, security cameras, and secure money storage.
Perhaps the most critical step, however, is to create open lines of communication for employees to report concerns about potential risks or disturbing behaviors. Employers should take these concerns seriously and seek assistance from professionals or law enforcement when appropriate. By doing so, employers can address warning signs before situations escalate into violence.
In addition to protecting employees and preventing liability, having a workplace violence policy can create a safer and more respectful workplace. If you need help drafting or implementing such a policy, please don’t hesitate to reach out. Let's work together to make your workplace safer for everyone.