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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.
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Recent Violence Questions

  • If someone accuses me of 2 crimes in Georgia, and both are

    If someone accuses me of 2 crimes in Georgia, and both are dropped (one was dismissed, the other no warrant was issued) when I am not a Georgia or Tennessee resident, does that qualify for defamation in Georgia if I was previously accused in Tennessee for the same crime (case in TN was settled with order of retirement, dismissal expected in 2015) ?
    If a temp order of protection was issued in TN in Jan 2013 & has never been violated, no violence, threats, contact or even in the same state with accuser, will expire in Dec 2014, is it worth it to try to get that order vacated? Both TN and GA accusers are former co-workers who work for the same company in Atlanta.
  • Hello, I am a USPS letter carrier working in a hostile

    Hello,
    I am a USPS letter carrier working in a hostile work environement.In summer of 2013 i suffered a heat stroke while doing my duties.My current restriction allows me to work only 6 hours out in the heat if the heat index is over 88 degrees.This restriction was in transit at time of the incident.
    Postmaster was going to make me work beyond this restriction thereby potentially jeopardizing my life.I suffered a panic attack.I clocked off sick and went immediately to my personal physician who basically put me on 1 week of stress leave and prescribed Xanax.I immediately faxed all documentation to Postmaster,applied for sick leave and FMLA.All this was done before i returned to work and wasn't even due till after I returned.
    The leave I applied for overlapped 2 different pay periods.The first pay period I was docked 14 hours.This current pay period I am being docked 24 hours.All my ducks were in a row and he had no right to do this.After the first pay period ,my union had it straightened out and witnessed the hours for the second pay period being corrected.
    The Postmaster would have had to go back and take the hours out again.
    Sound like workplace violence?By the way bullying and psychological threats are an hourly occurrence at my post office.
  • I have recently started with a company as Direct Support for

    I have recently started with a company as Direct Support for a person with Prader Willi, Bipolar NOS, PICA and an endocrine disorder. I think she shows several signs of Anti-social personality disorder, but without the IQ, it kinda disqualifies her. She has frequently been naked around me. I spoke with a manager about how I thought this was inappropriate. She said to disengage with her and let her know that you will not interact with her until she is clothed. Bummer is, my client does not care. I also learned at a focus meeting with my co-workers about my client that she has begun masturbating in front of staff. I was raped at 19. (I am 35 now. I do not see myself as a victim, but this did trigger me) My client also has a roommate. I am not sure of her illnesses as even though we share the same space, I do not provide direct services. Anyway, I had previously been told that she will play with staff by saying that she is going to beat them up. Truth be told, I did think it was funny when she said she was going to put a jalapeño up a coworkers nose. Wednesday she told me she was going to kick my butt. My statement before was unremarkable as I can't remember. I responded with "You can't kick my butt if I am sitting on it." It escalated with another threat of violence. I documented this occurrence as I felt any incident of threat should be noted. Tonight, I received a text from my boss that asked me to read the roommates ELP to understand that the client was just joking and if I needed further explanation to make an appointment. My thoughts however, between the threat of violence, how ever benign and the nudity and masturbation even with some developmental disability is still something to take seriously. What are my options. I would like to continue with my employer, but at the same time: I feel they are playing with their employees well being for the almighty dollar.
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