As part of your anti-violence policy, include a clearly worded ban on physical and verbal abuse in the workplace, even if it's in self-defense. Include descriptions of acceptable and unacceptable conduct.
Recent case: A fellow employee attacked Hector Escalante at work without provocation. Rather than fleeing the scene, Escalante defended himself by fighting back.
His employer fired Escalante for failing to back away from the confrontation. He sued, claimingin violation of public policy, saying he was fired for exercising his constitutionally and statutorily guaranteed right of self-defense.
A California appeals court sided with the company, saying it saw no problems with the employer's requirement that employees avoid physical conflict whenever possible. (Escalante v. Wilson's Art Studio, Inc., No. 109 Cal. App. 4th 692, 2003)
Final note: When violence does occur, don't jump to discipline right away. Before acting, thoroughly investigate any complaints or incidents. Use disciplinary suspensions when necessary to give you time to probe.
- Consider both the ADA and the FMLA when handling employee substance abuse
- Tell Supervisors to Make FMLA a 'Work-Free Zone'
- Study insurance policies for legally hazardous exclusions
- Dismissed pathologists allege discrimination by coroner
- Track your fair and equitable discipline to prove you don't discriminate