Hearsay threats

Anna

I have two employees who work in the shipping dept. Both employees have been with our company for 10 yrs+. On the way home from work, the one employee says to the other, ".....I have a gun and if I go, I am taking others with me...It would be nothing for me to kill myself." (A little background, he blames the company for his bladder cancer they found in 1999. The cancer returned in 2000. He should be taking an anti-depressant but the other employee seems to think he is not at this time). He could be talking about his daughter and new boyfriend, a co-worker, just making a statement, anything! He made the employee nervous by talking about this and this is why I know what he said. My question is whether or not we are liable for knowing this information about him; should we investigate the allegations or not?; does he keep the gun in his car on company property?; do we offer treatment, help, etc. What do I need to do?

Gar

It seems to me you certainly have an obligation to investigate the alleged threat. But first, get legal counsel.

System

Anna, See also a previous Workplace Violence thread on this forum:

[url]http://www.hrhero.com/employersforum/DCForumID14/211.html[/url]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Margaret Morford

I agree with GAR. You definitely need legal counsel. A few practical suggestions. If you have an EAP, call them and ask them to send someone out to meet with the employee after you speak with him. Approach it from the standpoint that you're worried about him because he's been heard to say ...then paraphrase what he said. Don't tell him where you heard it. Chances are if he said it once, he's probably said it several times. Tell him it doesn't matter who he said it to, you're just worried about him. I'd ask him if he has a gun in his car on the premises and tell him not to bring it back if he does. (You should have a no weaphons policy in place and posted. If not, institute one immediately) Explain to him that it sounds like there's a lot of stress in his life and that you have gotten an expert here to talk to him because you are concerned for his well being. Introduce the EAP person, who should be able to give you some idea about whether he is a danger to himself or others. You can't make him talk to the counselor, but you can set it up to encourage him to do so.

Hope that helps. If you have any questions, do not hesitate to call me at 615-371-8200.

Margaret Morford
theHRedge

Gillian

The legal counsel is fine, but should take a back seat, or at least an equal one, to your EAP. If you do not have one, find a mental health professional who is conversant with workplace violence and the mental issues that can create it. Sometimes, without advice from such a person, decisions are made which make the situation worse, decisions which might make sense in some other situation.

xsafford

I think you need to confront the person right away. It does not have to be in a threatening or punitive manner, but you must assure the safety of all employees. EAP is great as a second step, but first of all you have to take all possible measures to eliminate the threat now. If the employee harms someone, you can bet that you will be hauled into court to explain why you did not do more.

Gillian

Confronting someone who has made threats should be done after a conversation with a mental health professional. We are not trained to be psychologists so will not know how to handle a violent reaction if that is what happens. Confronting this person without first consulting the mental helath person may work out fine the majority of the time. It is the exception that we must be concerned about. This advice comes from our EAP person who has a consults with organizations about workplace violence and has done a lot of work with the Post Office.

Susan Fentin MA

In this day and age, you can't totally ignore threatening behavior. even if it seems unlikely. If you have an EAP program, you should refer the threatening employee for counseling. If not, could you talk to him and ask him how he's doing and if everything is okay? Some HR people are good at drawing out their employees. If you have such skills you might be able to find out if the problem was work or home related. Be sure that your company policies are being followed as far as prohibition of weapons in the workplace etc. and keep your eyes and ears open. Be aware that individuals who are prone to violent reactions are sometimes set off by workplace triggers such as poor performance appraisals or transfers etc. If any of these are in this employee's future, you should take extra care in the communication of the negative information. Reassure the employee who reported the action that you will be receptive to all such reports and will take action if it seems advisable. Be careful not to disclose the contents of the hearsay conversation to others, except on a need to know basis, at peril of defamation. Good luck.