How to Prevent, Prepare, and Respond to Workplace Violence

1. How to Prevent, Prepare, and
Respond to Workplace Violence
N. Victoria Holladay, Esq
FordHarrison LLP

2. Moderator
Becky Ross
Marketing Manager
Office: (303) 228-8753
bross@kpaonline.com

3. Presenter
N. Victoria Holladay, Esq.
Partner
FordHarrison LLP
Office: (901)291-1500
vholladay@fordharrison.com

4. If you have questions during
the presentation, please
submit them using the
“Questions” feature
Questions will be answered
at the end of the webinar
QUESTIONSQuestions

5. ©2012 FordHarrison LLP, All rights reserved.
WORKPLACE VIOLENCE
SUPERVISORS’ PRACTICAL PREPARATION
AND RESPONSE
KPA WEBINAR
July 26, 2012
by N. Victoria Holladay, Esq.
FordHarrison LLP
795 Ridge Lake Boulevard, Suite 300
Memphis, Tennessee 38120
901.291.1500
vholladay@fordharrison.com
www.fordharrison.com

6. ©2012 FordHarrison LLP, All rights reserved.
TYPES OF WORKPLACE VIOLENCE
Researchers have divided workplace violence into
four categories:

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TYPES OF WORKPLACE VIOLENCE
Type I:
• Perpetrator has no relationship to employer;
• usually commits a crime during violent act;
• has a deadly weapon;
• constitutes 85% of all workplace homicides.

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TYPES OF WORKPLACE VIOLENCE
Type II:
• Perpetrator has legitimate relationship with business;
• becomes violent during that relationship;
• violence may occur in normal duties of employee;
• Perpetrator includes customers, clients, patients, students,
etc.

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TYPES OF WORKPLACE VIOLENCE
Type III:
• Perpetrator, a present or former employee, attacks/threatens
another employee related to workplace disputes or
interpersonal issues.
• constitutes 7% of all workplace homicides.

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TYPES OF WORKPLACE VIOLENCE
Type IV:
• Perpetrator has personal relationship with victim; not with
the employer;
• assaults or threatens victim, usually domestic violence;
• violence can affect both male and female workers.

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PROFILE OF A VIOLENT EMPLOYEE
Major Factors
• Difficult to predict
• Past violence is No. 1 predictor of future violence
Other factors
• Talks or boasts of prior violent acts
• Violent reaction or over-reaction to workplace
change, perceived insults or threats
• Blames others
• Repeated company policy violations
• Change in domestic situation

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PROFILE OF A VIOLENT EMPLOYEE
Other factors (cont’d)
• Drug/alcohol abuse
• Change in appearance, conduct, health or hygiene
• Threatens others at present or past workplace
• Difficulty in forming bonds with others and strained
workplace relationships
• Belief employer treating them unfairly
• Volatile, impulsive, little emotional control
• Excessive tardiness or absences
• Increased need for supervision
• Inconsistency in performance

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PROFILE OF A VIOLENT EMPLOYEE
Other factors (cont’d)
• Violation of safety procedures
• Fascination with weapons
• Depression

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Real Life Examples
• Terminated employee returned to plant, walked
through the front door and shot four employees,
killing three
• Result
– Civil: $7.9 million verdict against employer for
negligence
– Criminal: Shooter received death penalty
PROFILE OF A VIOLENT EMPLOYEE

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Moral of the Story
Overall impact/cost to business in reacting after an
incident staggering vs. the cost of focusing on
preventing incident.
PROFILE OF A VIOLENT EMPLOYEE

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TYPICAL PROBLEM AREAS
Inadequate Preparation
• Weak or non-existent workplace violence policy
• Inadequate employee background screening,
supervision, and discipline
• Inadequate training on violence prevention at all
levels
– First line supervisors are eyes and ears
– Often behavioral warning signs but supervisors
do not know how to deal with them

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TYPICAL PROBLEM AREAS
• Failure to take immediate action against those who
have threatened or committed acts of violence
• Failure To Report
– Unaware of value of reporting
– Fear of retaliation/being blamed

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PREVENTATIVE MEASURES
Maintain Careful Hiring Procedures
• Consider Using:
– Reference Checks
– Criminal Background Checks
– Drug/Alcohol Screening
Atmosphere of respect and communication
• Encourage feedback from management and
employees
• Feelings of isolation/belief management does not care
can precipitate workplace violence

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PREVENTATIVE MEASURES
Establish Security Procedures
• Review workplace layouts, designs, and security
systems
• Develop contingency plan to deal with actual
workplace violence
• Limit access to work sites
Zero-Tolerance Violence Policy
• Disseminated in written form
• Discussed by management and employees

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PREVENTATIVE MEASURES
Zero-Tolerance Violence Policy
• Should include the following considerations:
– No physical violence tolerated on site
– No verbal abuse or threatening/intimidating
behavior
– No firearm/weapon in workplace
– No use of illegal substances/alcohol on site
– No destruction of employer/co-worker property
– No person convicted of violent crime may be
employed
– Must report threats and violence
– Confidential Hotline/800 number

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Train Supervisors In Crisis Intervention
• Know what behavior to look for; when to report
certain behavior; and treat every threat seriously
• Use people skills
– Rigid, authoritarian management styles contribute
to violence
– Violent workers have said not the action taken, but
how the action was taken
PREVENTATIVE MEASURES

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Document Problems
• Report all potential/actual incidents to senior
management
• Immediate response helps diffuse problem
• Document all incidents and management’s response
• Review conduct and written response with employee
PREVENTATIVE MEASURES

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DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES
Holding A Disciplinary Meeting
• Pre-plan
– Decide how matter will be conveyed
 Avoid lengthy discussions with unhappy
employee
– Ensure unobstructed access to exit
• Who Should Attend
– Use neutral manager if hostility exists between
employee and manager/human resources
– Have two managers present

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DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES
• Who Should Attend (cont’d)
– More senior manager should deliver message
– Limit other attendees to avoid humiliation
• The Approach
– Concise and direct
– Do not debate/rationalize
– Never blame on other management or co-workers
– Compassionate but firm
– Do not refer to disability/potential disability

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• The Approach (cont’d)
– Refer only to conduct at issue
– If employee blames it on disability/potential
disability, consider whether leave for treatment is
appropriate
– If discharge:
 Let employee discuss his side; require calmness
 May refer to outplacement counseling
 No contact beyond termination meeting
 Do not send employee to another location –
allows time for hostility to build
 Explain how job references handled
DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES

26. ©2012 FordHarrison LLP, All rights reserved.
• Logistics
– End of shift
– If suspect violence may occur, notify
security/police to be close by
– Escort employee out (only if done with all
terminated employees)
– Take keys, entrance card, I.D. from employee
– Immediately lockout employee’s computer access
– Ensure security or facility entrance guard knows
not to allow employee on site again
DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES

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CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
Levels of Employee Violence
• Level One: Early Warning Signs
– Observation of erratic/unusual behavior that may
be precursor to violence
 See other factors in profile of violent employee
– Document in detail/report to observer’s supervisor
– Contact crisis management team
– Supervisor should meet with employee
immediately; discuss in non-confrontational
manner

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• Level Two: Escalation
– Situation appears violent and is getting worse
 See other factors in profile of violent employee
– Document in detail
– Contact supervisor, Crisis Management Team, Law
Enforcement, Security
– Contact those in danger
 attempt to secure their safety
 warn them of escalating situation
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

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– In event of unavoidable confrontation with the
violent employee:
 call for assistance, if possible
 attempt to set boundaries for behavior
 avoid an audience
 remain calm
 ask person to sit down
 find out if he can follow directions
 ask questions to discern the person’s complaint
 try to get her to focus on a less aggressive
action
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

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– In event of unavoidable confrontation with the
violent employee: (cont’d)
 once situation has been diffused meet with
employee in a secure environment
• Level 3: The Emergency
– the person frequently displays intense anger
resulting in:
 recurrent threats
 recurrent physical confrontations
 destruction of property
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

31. ©2012 FordHarrison LLP, All rights reserved.
• Level 3: The Emergency (cont’d)
– the person frequently displays intense anger
resulting in:
 use of weapons to harm others
 commission of murder, rape, and/or arson
 other unlawful policy-prohibited conduct
– Secure personal safety
 call security
 call 911
 contact Crisis Management Team
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

32. ©2012 FordHarrison LLP, All rights reserved.
– Secure personal safety
 cooperate fully with law enforcement personnel
 if personally confronted, use procedures in
Level 2
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

33. ©2012 FordHarrison LLP, All rights reserved.
Handling the Aftermath of Employee Violence
• How Traumas Affect Employees
– Stage One
 “Shock Stage” (denial, disbelief or numbness)
– Stage Two
 “Impact Stage” intense emotions (anger,
sorrow, guilt) lasting few days to few months
– Stage Three
 “Reconciliation Stage” – employee tries to
make sense of the event
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

34. ©2012 FordHarrison LLP, All rights reserved.
• Considerations for Management
– Be sensitive
– Observe the different stages
– Be tolerant of temporarily reduced productivity
– Do not joke or trivialize the event
– Offer support
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

35. ©2012 FordHarrison LLP, All rights reserved.
• Provide a debriefing
– Consider use of grief counselors
– Discuss event with employees (small groups)
– Allow them to comment fully
– Reassure them that incident addressed fully by
law enforcement or management
– Remind employees of the EAP
• Review preventing violence training
program/management plan
• Re-train managers and employees on preventing
violence training program
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

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• Handle Media Appropriately
– Control information provided
– Appoint one contact person with expertise
– Consult legal counsel
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA

37. ©2012 FordHarrison LLP, All rights reserved.
Questions?
Thank You

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Becky Ross
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866-356-1735