Workplace Violence from Violent Spouse

hrplanet · September 2003

One of our employees informed me that she is moving out because her husband's abuse has escalted to the point she fears that she will end up in the hospital (as his previous wife)or worse. His short stay in the local jail ends in a couple of days and she is not sure of what he might do when he finds out she is gone. She does not want others in the office to know what is going on in her personal life (as if they couldn't guess from the bruises). Are we legally (if not morally)obligated to inform others such as the receptionist in case this guy goes postal and comes looking for trouble? I really don't want to end up the lead story for the six oclock news or in court for some kind of negligence lawsuit for not warning others. We are in a downtown highrise and have no control over who walks off the elevator onto our floor.

Thanks for any suggestions
hrplanet

rad · September 2003

OSHA requires that you provide a safe working environment to all employees. They have extended this to include protecting victims of domestic violence. More and more laws are being enacted to protect victims at work. Some states have their own laws so you should check out yours.

Keeping her privacy in mind, you can simply tell the receptionist "If you see this man (jopefully she can provide a photo) please call the police/security" She needn't know who he is in relation to your employee.

scottorr · September 2003

I agree with Rad. You need to keep all other employees safe as well as abused spouse. Simply let the receptionist know that they are to call the police if he enters the building.

Carey · September 2003

If you are in a downtown highrise, does your building management also have an onsite security presence? I would check and also notify them and provide them with a picture of the individual. We have had similar situations and we definitely provide a picture to security and our receptionists and train them what to do if the person shows up. I would also tell the employee that she needs to let you know immediately if the husband contacts her at work or makes any sort of threat, so you can be prepared.

Tony Kessler · September 2003

hrplanet,
Rad, scottorr, and Carey have offered some helpful comments. In addition, if you're a newsletter subscriber, you have access to a recent article on the subject, titled "The necessity of a proactive approach" and written by Dr. Dennis Davis, an expert on the subject. To read the article, go to the home page, log in (in the upper right corner), and do a newsletter search -- for "All States" -- for the keywords "Workplace Violence." Several links to Davis' article will pop up. If the article is helpful and you want to hear more, he also recently conducted an audio conference for us on that very subject. For more information about that, click on the "Audio Conferences" link to the left of this screen. Hope this helps, and good luck with this difficult situation. tk

Tony Kessler, director of editorial
M. Lee Smith Publishers LLC
(615) 661-0294 ext. 8068

marc · September 2003

Nevada passed a law last year allowing the employer to obtain a TRO and turn it into a two year restraining order. Of course, reception and some others must know in order to enforce. This is a situation where you have a higher duty to provide for the safety of others and it must override any confidentiality concerns.

Mike Maslanka · September 2003

hr we often counsel clients on this issue...a couple of thoughts---(1) do not undertake a duty to help her outside the work environment---do not do it...(2)be flexible if she needs time off and has none left in vacation or sick days...(3)ask yourself---is our response one that is in proportion to the perceived threat...(4)inform security in the building and your receptionist---think about moving the employeee to a different office or cubicle in the office---if she has no cell phone give her one and have her program it to 911...(50 buy the time of a security expert---have thye expert talk to her about safety,being aware of surroundings etc...if you'd like to kibbitz give me a call at 214-939-4492...good luck...best,mike maslanka

hrplanet · September 2003

Thanks to all for your responses and suggestions!! I have been a sideline viewer of the forum for some time. Didn't expect my first post to be so heavy though.
Thanks again!
hrplanet

Workplace Violence from Violent Spouse

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