How should employers react to employee complaints of harassment or threats of physical violence from a former coworker? Once the company has terminated the coworker, concerns about retaliation against an employee by the fired worker shift to steps to prevent that person from returning to the workplace. These measures can include involving local law enforcement, retaining private security services, securing unauthorized entrance to the workplace, installation of monitoring equipment, and other steps intended to deter and prevent that person from returning. Depending on the jurisdiction involved, the employer could also obtain a no-trespass order, or a restraining order intended to prevent workplace violence.
What happens if the employee’s concerns involve potential acts by the former coworker outside of work? Employers generally have no legal duty to provide security measures to employees at their homes or other places beyond the workplace and outside of working hours. By representing to the employee that the company will try to extend such security protections away from the workplace, the company could be subject to a negligence claim if such measures turn out to be inadequate.
This does not mean that employers should ignore employee concerns about potential violence by a former coworker outside of work. The employer can assist the employee with contacting law enforcement or provide guidance as to how the worker can obtain a restraining or no-contact order against the former coworker. However, the company should limit such assistance to helping the employee understand and take advantage of available security measures without representing that the employer will provide such protection or assuring the employee that the company will guarantee their safety at all times.
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