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Workplace Violence Questions

Many of the legal questions in the workplace that arise many times pertain to workplace violence. They can range from what is workplace violence, lateral violence in the workplace, and types of workplace violence. Listed below are five of the top workplace violence questions that have been answered by the Experts.

What is workplace violence?

Workplace violence is known as hostility, physical attack, or aggressive manor that happens at the job setting and makes physical or emotional damage to the supervisors, clientele, and colleagues.

How does an employee report workplace violence, harassment, and intimidation?

If workplace violence occurred then the party that it was directed towards can file a police statement and press charges towards the individual that did it. Considering to harassment and threats, this depends on the size of the company or how many employees the company has. The individual that was frightened or threatened needs to file a lawsuit with the Equal Employment Opportunity Commission (EEOC) towards the company, as long as there are a minimum of fifteen workers.

If someone received a corrective action letter titled workplace violence from their employer, and the employee could prove the accusations are false, can the employee seek legal help to prove defamation of character since the accusations are affecting the employees job?

The individual could discuss this with a legal representative about taking legal action against people for defamation. It is against the law to tell false accusations to attempt to destroy the individual’s professional and private life. Workplace violence is not always physical many times it is mental.

If one employee touched another employee inappropriately, if charges were filed, is the employer obligated to fire the accused employee?

The employer should investigate the situation and resolve it. Many times employers will suspend the accused employee until an investigation is complete. The employer is not obligated to fire the accused employee; however they are obligated to keep their employees safe from workplace violence.

Does allegations of violence in the workplace have to come from a fellow employee, or can it come from someone who is visiting the place of employment?

A charge of workplace violence may come from any person regardless of whether they actually work in the same place. Workplace violence does not always happen from employee to employee, or employer to employee. Many times it can come from outside vendors, visitors, as well as the general public bringing violence into a place of business.

Holding a job is tough enough in today’s society. Many times workplace violence can cause a person to have many questions regarding their rights for not only employees but also as an employer. Questions regarding; what are workplace violence policies, preventing workplace violence, and how to prevent workplace violence often come up. The Experts can help with any question fast and effectively.

Ask an Employment Lawyer

Tina
Tina, Lawyer
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Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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8 Employment Lawyers are Online Now

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Recent Violence Questions

  • I was hired based on an understanding that I would not sign

    I was hired based on an understanding that I would not sign a non compete agreement. I have recently experienced hostility within the company. They have sent me a non compete that is mandatory. What do I do. Tennessee is a right to work state
  • After taking care of my Autistic son for several years, I returned

    After taking care of my Autistic son for several years, I returned to the workforce by going to work at the Montana State Prison as a Correctional Officer. The training class that I began with had 34 new employees and they were not prepared to teach us as they normally do because the class was so large. Instead, they divided the group up into two groups. One group was considered "on the job training" OJT and were sent directly to the field to be trained by other Correctional Officers. I have been an OJT for a little over 2 weeks now. I immediately ran into training problems on my first day and every day since. The correctional officers (my trainers) were not prepared and were not qualified. In fact, on my first day of OJT, one of the officers told me that he wished that the entire class would quit so he could continue his pursuit for overtime. Very few of my trainers have helped and in some cases have intentionally ignored me. In addition, my trainers have been breaking rules in many cases. My first and second day of work I witnessed officers falsifying cell checks (pretending to check inmates cells). This has created a dangerous condition at the prison because the day before I started an inmate committed suicide and was not detected for many hours because the inmate cell checks were falsified. I firmly believe that my poor training has brought an unnecessary element of danger in the workplace. While working with dangerous felons, I completely feel unprepared and I fear that I will accidently do something wrong that invites violence. Being untrained certainly creates a hostile environment.
    My 4th day there was an equipment check for which a piece of equipment was missing....I was told not to mention it to anybody. My 9th day I was with a correctional officer while delivering inmates back to the prison when the officer stopped to take a smoke break which is against rules....I was asked not to tell on him.
    I completely feel inept to perform my responsibilities and I firmly believe that my trainers are either doing their best to set me up for failure or they don't have the ability to train me. I feel compelled to quit my job every day and cannot eat or sleep correct because I'm stressed out all the time.
    If I quit due to the reasons I have stated, do I qualify for unemployment compensation?
  • I am employed at a Bank in Oklahoma City. I have been verbally

    I am employed at a Bank in Oklahoma City. I have been verbally harassed by a coworker in the bank for at least two years. I ask the bank owner my personal supervisor last week for a form to fill out on this issue and have it sent to HR. The bank owner never respond to me except to say we the person who has been harassing me and myself had a meeting today. People at the meeting the two bank owners the HR person and the two of us. Nothing was discussed except about the what was going on. Only two envelopes one for me and the other person. We have until tomorrow to except the 6 months payment or come back to work and if anything happens from that point on I would be fired without any other course action.
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