Set zero-tolerance policy against workplace violence

The vast majority of workplace crime covers many issues. For example, it could relate to criminal laws, employee violence, stat-utory conceal-and-carry laws, identity theft or even sexual harassment. Sadly, crimes in the workplace are becoming more prevalent, particularly violence against women. However, employers should consider several issues in order to provide safe workplaces for all employees.
Missouri has criminal statutes that penalize violent behavior.
Typically, we think of assault (generally defined as a willful attempt or threat to inflict injury upon another) and battery (intentional wrongful contact of another without that person’s permission). However, there are myriad other criminal statutes, such as anti-stalking statutes, that are applicable to the workplace.

Revise handbooks
Despite the fact that there are criminal statutes and penalties for violence, employers also should adopt and incorporate into their employee handbooks a zero-tolerance policy for workplace violence. Moreover, employers should adopt a broad definition of violence in an effort to prevent employee violence. Often, that definition will include behavior such as nonconsensual physical contact, violence directed at inanimate objects and pursuit of an employee (or customer) with the intent to inflict harm.
The definition also can include behavior that is threatening, intimidating and coercing. Obviously, this definition is not limited to physical contact, but may include violent verbal behavior. By defining violence, employers can clearly communicate to employees what is and what is not acceptable behavior.
Employers also can protect themselves and employees by providing examples to illustrate their definitions. The examples might include fist shaking or getting in another person’s face.
Although these examples and the definitions may be considered too general or subject to interpretation, they do provide employees with guidelines, and leave the employer a certain degree of discretion for disciplinary action.
In addition, employees should be instructed on what to do and whom to contact if they witness or experience violence. And, accordingly, managers should be instructed on how to investigate and act upon such notice.

Weapons at work
Any policy also should prohibit weapons at the workplace. Unfortunately, we have heard or read the horrific stories of employees shot or injured by another who used a weapon. During the last several years, legislatures in various states have debated the right of an individual to carry a concealed weapon. As of 2003, an individual who is 23 years old or older, who has received the proper training and obtained a permit from the sheriff’s office may carry a concealed weapon in Missouri. This right is referred to as the conceal-and-carry law. Critics argue that this law may perpetuate a more violent act at work.
There are, of course, limitations. For example, concealed firearms are prohibited in courthouses, airports, government-owned buildings, amusement parks,
hospitals, sports arenas and other locations prohibited by federal law. In addition, there are designated places that require consent before one can carry a concealed weapon. These places include churches, police
stations, day-care facilities, casinos and certain businesses that serve alcohol for consumption on the premises, such as barsbut not including bona fide restaurants.
While in these places, one needs consent in advance. In the remaining places, one may freely carry a weapon – unless they’re told otherwise. It is this category under which most businesses fall. The statutes specifically state, though, that private property owners and business and commercial lessees may prohibit concealed weapons through the posting of signs. Therefore, it is suggested that a policy of no weapons in the workplace be incorporated into the nonviolence policy too, along with the required signage.
Finally, crime in the workplace should be addressed before an individual becomes an employee. This is done by not only informing the applicant of the employer’s zero- tolerance policy, but through criminal background checks.
There are many areas of the law that touch upon these checks. For example, employers may have to comply with the requirements of the Fair Credit Reporting Act. Further, in Missouri, employers also have to be mindful of a statutory prohibition of discrimination against felons. Notwithstanding, due to the increasing number of lawsuits based on negligent hire or negligent retention, employers are utilizing thorough background checks as one tool in the pre-employment process.
Although there may not be an absolute deterrent to such crimes, employers should strive to implement some protections. They may not only provide a safer workplace, but also protect the employer from unwanted litigation.

Bob Lawson Jr. is an attorney with Blackwell Sanders Peper Martin LLP, and Kevin Austin is an associate in the firm’s litigation department.