Workplace violence is something no business owner or manager wants to deal with. Unfortunately, threats from employees and former employees happen, and how management responds can make a significant difference in preventing someone from getting hurt.
An employee threatening to harm a supervisor, coworker, or another individual should never be dismissed as someone simply having a bad day. Even if the employee later claims they were joking or speaking out of anger, the threat needs to be documented, investigated, and taken seriously. Employers have a responsibility to address known workplace hazards, including credible threats of violence.
Take the Threat Seriously
Not every argument between employees constitutes a credible threat of violence. However, there is a significant difference between an employee expressing frustration and an employee threatening to physically harm someone.
Examples include threatening to shoot, stab, or physically assault someone; saying they will return and hurt people; threatening a supervisor after discipline; stalking or intimidating coworkers; threatening to bring a firearm to work to harm someone; and repeating threats after warnings.
Management should evaluate the actual statements, circumstances, behavior, and history. Do not assume an employee is harmless simply because they have never been violent before.
Contact Law Enforcement
If an employee makes a credible threat of violence, contacting law enforcement should be one of management’s first considerations. If the threat is immediate or someone is in danger, call 911. For non-immediate threats, contact the appropriate agency and report what occurred. Provide the exact statements, witness accounts, and supporting evidence. A police report establishes an official record and may become important if additional threats occur. Criminal charging decisions belong to law enforcement and prosecutors.
Document Everything
Preserve written witness statements, text messages, emails, voicemails, social media threats, surveillance footage, disciplinary records, incident reports, dates, times, exact language, and police report numbers. Avoid rewriting witness statements. Keep the evidence organized, confidential, and accessible to those responsible for the investigation. These records may be important in a later civil lawsuit or criminal investigation.
Separate the Employee From the Workplace
Depending on the seriousness of the threat, management may need to place the employee on administrative leave, suspend them, or terminate employment. Consult HR and legal counsel as appropriate. Do not have an untrained manager physically remove a potentially dangerous employee. Coordinate with law enforcement and qualified security personnel, and move threatened employees to safety when necessary.
Consider a Civil Protection Order
When threats are serious or ongoing, an affected individual may want legal advice about a civil protection order. In Colorado, such orders can restrict contact and access to certain locations, including workplaces. Eligibility and who may apply depend on the facts. A protection order is an additional legal safeguard, not a substitute for physical security.
Consider Hiring Armed Security Guards
When there are credible threats of serious physical violence, particularly involving a firearm, armed security should be considered as part of the response. Unarmed guards may be appropriate for routine access control and visitor management, but relying solely on unarmed coverage for a credible deadly-violence threat may be inadequate. Armed assignments should use properly licensed and trained guards, defined responsibilities, emergency communications, and coordination with police. Security guards do not replace law enforcement or guarantee prevention.
Address Access Control and Employee Safety
Review keys, badges, alarm codes, parking access, and restricted areas. Give potentially targeted employees appropriate safety instructions while protecting confidential personnel information. Establish a process to report sightings or new threats.
Understand Potential Civil Liability
An employer that knows of a credible threat but fails to take reasonable precautions may face civil liability if someone is injured. Outcomes depend on foreseeability, applicable law, and the employer’s actions. Terminating the employee does not necessarily eliminate the security risk.
Final Thoughts
Do not wait to see whether an employee follows through on a threat. Document the incident, involve law enforcement when appropriate, evaluate the risk, and take reasonable steps to protect employees.
