
Mr.
Flanagan’s employer reacted to his performance issues in several ways. They
ordered him to obtain counseling through their employee assistance program or
lose his job. The employer also plainly warned him that it would discipline him
for abuse or harassment of coworkers. The news station called the local police
to escort Mr. Flanagan out of the building after his termination, and they
hired off-duty police officers to provide security for several days after Mr.
Flanagan’s angry reaction to his termination.
Employers
can and should take decisive action when employees are abusive, harassing,
violent, or intimidating towards other employees. In fact, employers face
potential lawsuits (with claims like negligent retention or supervision) if
they fail to adequately protect employees from violent coworkers, as happened
in the aftermath of the Accent Signage
shooting
here in Minnesota. On the other hand, employers must take care to not run afoul
of other laws, like the Americans with Disabilities Act or other applicable state
human rights acts which prohibit discrimination on the basis of disability,
including mental illness. Generally speaking, employers can take action based
on the inappropriate acts of employees – such as violent confrontations with
coworkers or harassing comments – but employers should be cautious and seek
legal counsel when they are aware of mental health issues or other disabilities.
The
following are just a few items for employers to consider in reviewing their
workplace safety:
- Policies regarding harassment, discrimination, and workplace violence should be a key focus of training, both for employees and supervisors.
- Workplace premises should be appropriately secured and monitored during and after business hours.
- Employers should consider an employee assistance program and, if they have it, encourage its use.
- Employers need to have emergency action plans, both for situations like dangerous persons and for other emergency situations like tornadoes and fires. Because each employer and each workplace is different, the plans must be site-specific and require training to ensure all employees are aware of the protocol.
- Special care needs to be paid to the termination of high-risk employees to ensure that the discussion is safe, affirms the dignity of the person, and provides clear next steps. Employers may also want to consult a trained mental health professional about how to best handle the termination.
While
tragic workplace violence incidents are relatively rare, the issues that they
highlight are a part of every workplace. Employers should periodically evaluate
what further steps they can take to ensure their workplace is as safe and productive
as possible.
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