When is a workplace violence restraining order appropriate?

Violence and harassment in the workplace can be harmful to the entire organization, making it a serious concern for employers. Various company policies, training and systems can exist to address this issue. Still, some cases can be so severe that they require an immediate response from the employer, usually applicable to scenarios posing significant safety risks to the victim and other employees.

One of the ways to address this situation is by getting a workplace violence restraining order. It is a legally enforceable document protecting the employee and possibly their family members from the perpetrator. However, this approach may only be appropriate for situations that meet the following conditions:

  • The violence or harassment was unlawful, either involving physical harm or violent threats.
  • The incident happened within the premises of the workplace.
  • There are existing prohibitions against the behavior or misconduct, making it a valid dispute.

If the evidence supports the existence of these conditions, the employer can request this type of restraining order. Still, the eligibility for this arrangement can vary based on the situation. There are limitations when the perpetrator participates in constitutionally protected activity, but the court can determine these details on a case-to-case basis.

Addressing workplace violence and harassment

Aside from receiving help from employers, employees can also take legal action against these incidents. Despite conducting internal investigations and procedures, employees can seek help from other relevant agencies, especially if the incident is severe and unlawful.

To determine their eligibility, they can seek legal advice. Doing so can help them pursue justice for the violence they faced, which can happen simultaneously while working with their employers. In addition to holding perpetrators accountable, this collaborative effort can benefit other employees in the company and the organization overall.

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