Employee Threatens Violence in the Workplace...Now What?

Recently, a situation came across my desk in which an employee threatened violence in the workplace.  Now every situation or threat is different and not necessarily handled the same way (as any good HR representative would tell you).  While this resource is not the definitive guideline on the topic and not intended to serve as legal advice (those experiencing a similar situation should consult their own HR representative and/or employment law attorney for guidance), it provides a framework that can be referred to when needed.

A Threat of Violence is Made in the Workplace

So with that out of the way, let us address the matter head on.  An employee threatens violence in the workplace (whether it be assault, battery, homicide, etc.).  The question then arises:  What should I, as the employer, do when an employee threatens violence in the workplace?  As the Department of Labor notes, violence or threats of violence in the workplace are unacceptable behavior.  As a result, established protocols and procedures are useful in these type of situations.  In instances where an employer has a workplace manual, a policy that prohibits violence and threats of violence should stipulate that these threats should be immediately reported to management or a specific supervisor.  

Assess the Threat

At this point, management would be wise to assess the threat to determine a course of action.  If the threat is urgent, it might be appropriate to evacuate the office/workplace, alert key personnel of the threat, and/or call law enforcement, among other steps.  This immediate threat of violence situation is case sensitive and should be handled as management or HR sees appropriate.  If the threat is determined not to be "immediate", an employer might not feel the need to take such urgent steps at the outset.

Investigate the Threat

Regardless of whether the threat is immediate or not, an employer would likely conduct an investigation to further assess the scope of the threat of violence.  (Again, the nature of the threat will likely dictate how long an investigation could occur.)  If policies and procedures are already in place for such an investigation, management will likely follow what is in place.  Workplace investigations of threats of violence would likely entail talking with other employees who heard or saw the threat, determining the tone of the threat, who/what the threat was made toward, and other salient facts.  Documentation of witness statements is also useful while the situation is still fresh in the minds of those who heard or saw the threat.  The passage of time (or allowing employees to discuss the situation with each other) could distort or color their memory of the event.

As well, it is likely a good idea to discuss the situation with the employee who actually made the threat.  Whether this discussion occurs in person or over the phone likely depends upon the situation and the nature of the threat.  However, getting all "sides" of the story (and documenting every discussion) is useful for an employer to get a feel for the situation, determine how to proceed, and establish a course of action.  I would caution that even an employee who "jokingly" made a threat of violence should be taken seriously.  (Remember how airports have a policy in place that even "joking" threats are taken seriously?  Employers would be wise to implement this policy as well.)

Dealing With the Threat

So long as a credible threat is identified, the employer would be wise to implement steps to ensure the safety of the other workers and protect the workplace.  (Even if a credible threat is not found to exist, this could be a good time for an employer to reevaluate the safety and security of the workplace and implement any needed changes.)  An employer may choose to add locks to doors, change pass codes, allow only certain employees or personnel to have keys to the office, or even implement a physical security presence in the office.  As always, if an employer believes calling law enforcement because of the threat is needed, that is certainly appropriate in any given situation.

In addition, an employer might find sufficient grounds exist to terminate the employee for violence or the threat of violence in the workplace.  Should this occur, it might be a good idea to have security present when the termination occurs (if the employer is concerned the employee will act out in response to the termination.)  As well, documentation of any investigation surrounding the threat (as noted above) could prove vital if the terminated employee attempted to sue.  Any good HR representative should take steps to preserve the investigation in the event the employer's motives are called into question.