Workplace Violence

[seekinghelpny]

What is the name of your state (only U.S. law)? New York
A co-worker reported to me that he heard one of my direct reports make a statement that he "wanted to line me and my boss up against a wall and cut off our heads". I'm told that he is a black belt in karate and owns swords. I reported it to our HR dept. They put him on paid leave and required him to get an evaluation. I'm told that he cleared the evaluation and is returning to work. I'm concerned about this person reporting to me. He is sometimes argumentative when given assignments. How am I supposed to manage this person now? Do I have any recourse? I read about workplace restraining orders but this person has been cleared by a doctor.

 

[swalsh411]

You will need more than just a vague hearsay statement that's for sure.

 

[seekinghelpny]

When he was interviewed by HR and Public Safety he admitted to making the statements. Can this simply be chalked up to someone blowing off some steam? I think he went beyond the point of an employee simply expressing some displeasure with his work.

 

[mlane58]

When he was interviewed by HR and Public Safety he admitted to making the statements. Can this simply be chalked up to someone blowing off some steam? I think he went beyond the point of an employee simply expressing some displeasure with his work.

It doesn't matter what you think, what matters is your HR department took measures by having this employee evaluated, which doesn't sound like it being chalked up to blowing of steam. If you are so frightened by this employee, go back to HR and have a discussion with them about your concerns.

 

[seekinghelpny]

I don't have any experience with a situation like this. Could my employer fear a lawsuit by this person and feel they are covered by the doctor so if something happens they can blame the doctor. If this is the case and I could be dead wrong then would my employer really care about my concerns?

 

[eerelations]

A lawsuit for what?

 

[csi7]

First, if a person makes a statement that meets "violence in workplace" requirements, their actions are a matter of record.

Second, ensure that all of the rules, policies, and standards of conduct are posted in visible and accessible areas for everyone to review daily, if that is allowed. One company went to the daily reminder after two weeks of increased safety incident reports.

Keep your actions professional. If you have a personal concern for your safety, handle the process as a professional. It becomes part of the record, and you do not get to go back and change your words later.

Good luck.

 

[seekinghelpny]

lawsuit for wrongful termination?

 

[Silverplum]

lawsuit for wrongful termination?

Why would he be terminated?

 

[seekinghelpny]

for making statements that are considered credible threats to other employees

 

[eerelations]

You are in an at-will state as far as terminations go. As such, "wrongful termination" is limited to being fired for things like race, religion, gender, age (over 40 only) and disability. If your company fires him, it won't be for any reason like these, so ergo, the termination won't be "wrongful" as defined by law.

 

[cbg]

Okay, I have a question for the OP.

Do you have an honest, sincere, and reasonable belief that this person will commit violence against you? That you are genuinely in physical danger if he returns to work?

FYI, that is a real question for which I am looking for a real answer. It is not intended as a rebuttal to your concerns; I am genuinely looking for a yes or no.

Where I go with it next will depend on your response.

 

[seekinghelpny]

Yes. I beleive he is capable of harming me. I tried very hard to work with this individual to structure his work to be less stressful for him. I've personally taken on some of his responsibilities. There were some behaviors that in hindsight I should have documented in his performance evaluation but when I brought it to the attention of my supervisor I was asked to provide "coaching" to him to try to rehabilitate him. I am concerned if he comes back to work in his same position of reporting to me and I now document these behaviors if they repeat then he will think I am vindictive. Also, if he comes back in a different position that is perceived by him to be a demotion in some way he may become upset. I am waiting to discuss this matter with my supervisor and my supervisor's supervisor to determine what they have in mind then I'll talk to HR to document any concerns that I may have based on their plans for this individual.

 

[cbg]

Well, that isn't quite what I asked, or at least not quite what I meant. What I'm asking is, given that there is already a doctor who has declared him fit to work; given that if a doctor has reason to believe that a patient is an imminent risk to himself or someone else, he is required to warn that person or persons; is there a valid and supportable reason to believe that you are in IMMINENT danger?

Not just your own belief that he is capable of doing harm; that there is a valid reason to believe that the doctor is wrong and that you are in immediate danger if he returns to work?