What To Do When A Non-Employee Abuser Threatens The Victim In The Workplace

If an employer becomes aware that an employee is being threatened or stalked and that the abuser intends to enter the workplace in order to harm the employee, the employer should take steps to guard the premises and protect employees from foreseeable violence. (Source CBA1)

If an employer believes an abuser’s actions are disrupting or endangering the workplace, the abuser needs to be dealt with as would any other trespasser or harassing individual.

• Tell the abuser to leave the premises and make it clear that law enforcement has been called.

• Call law enforcement if danger appears imminent.

• Talk to the victimized employee. Find out what works best and discuss options, such as taking time off, going to a domestic violence program, filing criminal charges, changing location of work station, going to a friend or relative’s house, seeing a lawyer about legal protection, or other strategy.

• If the victim has a protective order requiring the abuser to stay away from her/him or her/his workplace, keep a copy of the protective order in the office to show law enforcement when needed. (Source CBA1)

Someone in authority can order an abuser to stay away from the workplace. Failure by the abuser to stay away can result in a charge of trespass.

An abuser may commit other criminal violations on the premises of the workplace, e.g., stalking, assault, or carrying a concealed weapon. In these or similar situations, law enforcement should be called immediately.

An employer can obtain a protective order against an abuser who stalks, threatens, or harasses the employees or customers of that business. With a protective order, law enforcement does not have to wait until some other crime (e.g., assault, harassment, or trespass) is committed before arresting. A disadvantage to protective orders is that they may only further infuriate the abuser and/or give the victim a false sense of security. (Source CBA4) (See Employers Obtaining Protective Orders)