Ex-ee threatening workers

luvsails

I have an ex-ee who was terminated 4/30/03 for insufficient documentation on I-9 (i.e. invalid SSN#). He threatened at least one employee prior to termination and was given a final notice as per ee handbook. Friday and Saturday (9/5, 9/6/03) he showed up on company property to pick up his wife. He blocked the driveway wtih his car, threatened people, and has threatened the life of at least three individuals. The police have been informed, but there is nothing they can do unless something happens. I'm afraid that by then it will be too late. I am very concerned for my ees. I have even called INS (BIN) to see if they can see if he is here illegally and have him exported ASAP. No responce yet. Very explosive situation. Ees fear to come to work.

What recourse/options do you suggest.

Shadowfax

Get some security. Be sure all employees are aware of situation. Get a court order keeping him x feet (as far as judge will allow) away from premises. Anytime anyone sees him near the prop, they should report it at once. Restrict entry to building (or prop) to one door/gate, and watch closely. Something has happened since the term for thsi guy to be going off now. Ask the police for extra patrols etc.

rad

Can the employees he threatened get a restraining order? That would keep him away (in theory) from everyone. I don't know if your company, as the employer, can get a restraining order if he has tresspassed, but it might be worth looking into.

You may also want to talk to the wife. If he is going to pick her up, it should be off company property. If he has no business being there he should not be granted access to threaten people just because his wife still works there.

FrayWitzer

In Mass, at least, the company could obtain a civil restraining order which, if knowingly violated, could result in a criminal contempt. Also, I would send out a No Trespass letter and ask the police if they will arrest for violation....

Good luck.

Don D

About 15 years ago I threatened to whip the ass of a large teenager who was beating up my eight year old. The sheriff's department came to my house and told me that my threat was legally an assualt and they could arrest me if I did not desist. I didn't desist, but they didn't arrest me. Are you sure about what the cops told you? You can't go around threatening the lives of people without consequence. Restraint orders are utterly useless. Many a dead woman had a restraint order out on her boyfriend or ex-husband.

rad

You are right about the restraining orders, they are useless most of the time, but I can't get started on domestic violence issues. However, violation of a restraining order is grounds for deportation.

Pork

"Dandy Don": You must have gotten up on the wrong side of the bed or else you are your twin! We issue verbal "not wanted on the property", at the same time this phrase of "no trespasse" is issued to all that are no longer authorized to be on the property. County Sheriff Departments help us to arrest and prosecute to the fullest extent of the law. We got into this mode due to the damage of 4 18 wheeler's being torched in our truck parking lot,by "peace loving peoples". We have maintained security by hiring the same deputy sheriffs "off duty" for $70.00 a night to do patrols and respond to our calls for employee potential violance.

My advise is: "DO SOMETHING, WE LIVE IN A VIOLENT WORLD OF WORK, AND YOU DO NOT KNOW WHICH XEE WILL BE THE NEXT WALKIN SHOOTER".
Every workplace, no matter how small, should have a policy outlawing violent behavior, include words that incorporate current and past ees. The policy should be specific and expansive as to the types of employee conduct, which constitutes the policy. What are the consequences to be taken against one who demonstrates these behaviors, to include termination and prosecution. You have "trespass" only after one has been told they are no longer wanted on the property and a reasonable chance to leave. After which, the local law enforcement should respond. If they don't, then the failure to act becomes the concern of your company toward the law enforcement unit. Your company must resolve these issues, violence in the work place is here and it will not go away! Get prepared, do you have a exit plan; do you have a controlled axcess plan. If not get one in place! Having a plan is one thing exercising the plan is another; if one does not exercise the plan then you have no plan!!!

PORK