Special
Feature!

VIOLENCE
IN THE
WORKPLACE
'REVISITED'

Workplace Violence Update!

SHRM Announcement

Employer's Liability

Resources on Workplace Violence

Summary / Contact

Employer's Liability:     A Widening Cesspool

A trend is beginning calling attention to the issue of the employer's liability where it concerns violence in the workplace. Bob Braun of Braun Consulting Group has been mindful of this for years.

Below is a copy of some recent comments Bob made when he found out about the new proposal from SHRM about their Model Workplace Violence Safety Act.

"As we have been predicting for several years violence is the next big thing in HR. The Society for Human Resource Management (SHRM) has now started a campaign to get laws on the books that give employers something to work with.

"I predict that with the new laws will go a new duty to use them and if the employer does not use them the employer is going to be liable for negligence - possibly over and above the workers comp coverage.

"In some states if an employee is injured because of employer negligence the 'officers' of the business can go to jail. So this is how it might go...... there is a law affording the employer the right to get an injunction against a potentially violent employee or spouse of an employee.

"The employer observes potential violence issues regarding an employee but does nothing. An unrelated employee is injured or killed as a result of the violence on the job.
1 - the employer may go to jail because of state laws covering worker injuries and
2 - the employer is sued for negligence and wrongful death by a surviving spouse or other relation (or all of them as in the OJ Simpson liability trial) where a jury will give the plaintiff a big award because the employer 'should have taken action but did not'."

To read a complete transcription of another conversation with Bob Braun regarding employer's liability in workplace violence issues just click here. Although this transcribed conversation with Bob took place 1998, Bob was right on the money with his comments... calling attention to some scenarios and potential problems of workplace violence. He also offers some answers that should help you... so take a look at this interesting transcript.

Resources on Workplace Violence