Question: How do employers protect against departing employees who may become violent?

Answer:

Perhaps you read about the woman who recently put her HR manager in a choke hold and stabbed her with a pen when she became angry when leaving employment.  Mind you, this employee was resigning, not being terminated, and she had turned in a broken computer tablet.  The employee became enraged when HR told her she would have to pay $500 for the tablet to be fixed pursuant to Company policy.  The departing employee fled the scene but police later located her and apparently charged her with assault and battery.

The best advice in these circumstances is to trust your instincts.  If you know you are going to have a confrontation with an employee (such as a meeting to terminate or confront an employee about a difficult topic), take steps to mitigate risk.  Here are some steps to consider and/or implement:

• If you anticipate a strong reaction, do not meet with the employee alone.  Be sure there are two of you present.
• Ensure at least one other person knows when and where you are meeting.
• Have a desk, table or other piece of furniture between you and the employee, to help define boundaries.
• Consider having security on site, in case the meeting goes sideways.
• If the departing employee makes a threatening comment, such as, “You’ll be sorry for this,” take it seriously.  Immediately consult with colleagues, counsel or someone else with expertise dealing with such situations for guidance.
• Try to disarm a threat or dispel anger.  “Joe, that sounded like a threat.  I understand that you must be angry.  I’d like to support you in this transition.”
• If a meeting becomes hostile, cut it short and try to get yourself out of the situation as quickly as possible.
• Situate yourself in the meeting room such that you can leave easily, without having to pass or get around the angry employee.
• Ensure colleagues outside the meeting room are aware of your concerns and are on alert to come to your aid, should the need arise.
• Consider installing a panic button in the room where difficult HR meetings occur and at your reception desk, so security or the police can be summoned quickly in case of emergency.
• Minimize reasons why the departing employee may have to revisit the workplace. For example, mail the final paycheck and offer to have personal belonging collected and delivered to the departing employee’s home.

About the author:   Laura Liss is Chair of Patzik Frank and Samotny’s Employment Law Practice Group. She provides both legal and practical business advice on all phases of employment-related decisions. She regularly serves as a sounding board for business owners, executives and human resources professionals and assists them in successfully and efficiently navigating the various employment laws that affect their businesses.