Navigating Workplace Violence: Experts’ Insights from The Employment Law Counselor

In the most recent episode of The Employment Law Counselor, host Jeff Stewart and guest Tanya Salgado discussed critical issues surrounding workplace violence and the legal ramifications for employers. Below are some of the key takeaways from the episode.

Thorough Background Checks are Essential

Both Jeff and Tanya emphasized the importance of conducting thorough background checks as a first line of defense in minimizing the risk of workplace violence. Employers should understand that this process is crucial, even if there are municipal or state regulations that place restrictions on how and when these checks can be conducted.

Understand Ban-the-Box Laws

Many jurisdictions have implemented ‘Ban-the-Box’ laws, which limit when employers can ask about an applicant’s criminal history. Typically, these laws prohibit employers from asking about criminal convictions on job applications to help those with past convictions reintegrate into the workforce. Employers need to be aware of these laws and comply with them.

Tailored Policies on Workplace Violence

The episode stressed the necessity of customized workplace violence policies. Such policies should include zero-tolerance for violence, clear reporting mechanisms, and a prohibition on weapons on company property. Having a response plan in place is also advisable to handle incidents effectively if they arise.

Negligent Hiring, Supervision, and Retention

Employers must understand the distinctions between negligent hiring, supervision, and retention. Negligent hiring involves what the employer knew or should have known before hiring an employee. Negligent retention and supervision, on the other hand, consider what the employer learned or should have learned during an employee’s tenure.

OSHA and Workplace Violence

Employers must be aware that OSHA’s General Duty Clause requires them to maintain a safe workplace, free of recognized hazards, including workplace violence. Failure to adhere to this standard can result in liability under OSHA regulations. Additionally, employers should be prepared for potential retaliation claims if an employee reports concerns of workplace violence to OSHA.

Legal Consultation is Key

Whenever there are signs of potential or actual workplace violence, it is essential to consult with legal counsel. Employers should discuss the specifics of each situation to make an informed decision on reducing liability and ensuring employee safety.

Addressing workplace violence is multifaceted and requires a proactive, informed approach. Employers should use background checks prudently, comply with relevant laws, establish robust workplace violence policies, and consult legal counsel when necessary to navigate these complex issues.

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Meet the Speakers

Jeff Stewart focuses his practice on labor and employment matters. He represents business, governmental and not-for-profit employers in all phases of labor and employment law matters. Jeff defends employment actions related to workplace discrimination and harassment, wrongful termination, wage and hour disputes, and whistleblower claims. Jeff’s clients appreciate his desire to get to know the unique aspects of their businesses and his ability to then apply the law to their particular circumstances. He counsels clients about non-compete agreements, sexual harassment investigations, FLSA compliance, unemployment compensation, and drafting employment policies and handbooks. Jeff also tries cases before the National Labor Relations Board and the Pennsylvania Labor Relations Board. He handles unfair labor practice charges, unit clarification hearings, and grievance arbitration. He counsels employers in union avoidance and has helped his clients successfully defeat union representation elections. Jeff serves as lead negotiator during collective bargaining and advises his clients on all aspects of strikes, lockouts, and mass picketing. In addition to his private-sector clients, Jeff represents municipalities with respect to their labor unions.

Tanya Salgado’s practice includes employment law, education law and commercial litigation. For more than twenty years, she has defended businesses and non-profits in federal and state court in cases involving allegations of discrimination on the basis of age, race, national origin, disability and sex discrimination, as well as claims alleging sexual harassment, FMLA and wage and hour violations and wrongful discharge. Tanya also provides advice to human resources professionals and all levels of management regarding employment law compliance issues, including wage and hour laws, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, the Pennsylvania Human Relations Act, the New Jersey Law Against Discrimination and the New Jersey Conscientious Employee Protection Act.