2. 2
Workplace Violence in America
This presentation is proprietary information
and can’t be copied or reproduced in any
fashion without consent from the publisher
owner, Richard Garrity
5. 5
We come to work, to do a job. We
come to work, to work. If you have
personal problems, resolve them
outside of work, so we can all do
our job. If you have serious
concerns or problems within your
job, talk to your co-workers, your
superiors, anyone.
6. 6
Resolve your issue, before it
becomes an issue, because, it
is not all about you, it is all
about…US. Your important.
Dont make yourself feel,
unimportant. Insignificant.
9. 9
Introduction:
• Workplace Violence in
corporate America has been a
growing problem in the
workplace since the late 1980’s.
The issue of workplace violence
became a subject of media
attention after the series of
U.S. Post Office murders that
occurred throughout the 1980’s
and early 1990’s.
10. 10
Introduction:
• This présentation today
will détail the causes,
effect, prior cases, and
prévention tips to guide
you and your company in
dealing with and
preventing tradgedies in
the work-place.
11. 11
The Corporate Mission:
The intent of this presentation is to
establish a Zero Tolerance Standard
with respect to acts of intimidation,
threats of violence, or acts of
violence relating to the workplace
(violence which stems from an
employment relationship) at your
company. It is intended as a guide
for employees, supervisors, and
managers and has been prepared to
aid in the recognition and response
to employee workplace violence.
12. 12
The Corporate Mission:
A safe and secure workplace is
essential to carrying out the
corporate mission and vision of
the company and it’s
employees. All should be
committed to working together
to create and maintain a
workplace that is as free as
possible from forms of
harassing and threatening
behaviors.
13. 13
The Corporate Mission:
Although there is workplace
violence in all facets of the
American workplace, especially
for public servants and the
retail sector, this training
presentation is specifically
designed toward the corporate
office environment.. However,
the information contained
herein, can be useful to all.
14. 14
I am suppose to be free from violence
when at the workplace. It is suppose to be a
safe place, a calm & professional refuge
from the real world that can be so ugly.
Right?
16. 16
What is Workplace Violence?
Any physical assault, threatening
behavior or verbal abuse
occurring in the workplace by
employees or third parties. It
includes, but is not limited to,
beating, stabbing, suicide,
shooting, rape, attempted
suicide, psychological trauma
such as threats, obscene phone
calls, an intimidating presence,
and harassment of any nature
such as stalking, shouting or
swearing.
17. 17
The 4 Categories of
Workplace Violence:
• TYPE 1: Violent acts by criminals
who have no other connection
with the work-place, but enter to
commit robbery or another crime
• TYPE 2: Violence directed at
employees by customers, clients,
patients, students, or others to
whom service is provided
18. 18
The 4 Categories of
Workplace Violence:
• TYPE 3: Violence against coworkers,
supervisors, or managers by a
present or former employee
• TYPE 4: Violence committed in the
workplace by someone who doesn’t
work there, but has a personal
relationship with an employee—an
abusive spouse or domestic partner
19. 19
Prohibited Actions:
Prohibited conduct includes,
but is not limited to:
• injuring another person
physically;
• engaging in behavior that
creates a reasonable fear of
injury to another person;
• engaging in behavior that
subjects another individual to
extreme emotional distress;
20. 20
Prohibited Actions:
• possessing, brandishing, or using a
weapon that is not required by the
individual’s position while on state
premises or engaged in state
business;
• intentionally damaging property;
• threatening to injure an individual
or to damage property;
• committing injurious acts
motivated by, or related to,
domestic violence or sexual
harassment; and
22. 22
Definition of Workplace Violence:
Surprisingly, there is much debate
amongst Security Mgt, Human
Resources, Safety and Workplace
Violence Prevention experts on a
specific definition of workplace
violence. For example, the
academic community tends to
favor the use of the term
aggression instead of violence,
however, for the most part the
business community still uses the
term violence.
23. 23
Definition of Workplace Violence:
According to the National Institute for
Occupational Safety and Health
(NIOSH) Workplace Violence is any
physical assault, threatening behavior
or verbal abuse occurring in the work
setting. It includes, but is not limited to
beatings, stabbing, suicides, shootings,
rapes, near suicides, psychological
traumas such as threats, obscene
phone calls, an intimidating presence,
and harassment of any nature such as
being followed, sworn at or shouted at.
24. 24
Definition of Workplace Violence:
The law enforcement community
defines Workplace Violence as the
commission of proscribed criminal
acts or coercive behavior which
occurs in the work setting. It
includes but is not limited to
homicides, forcible sex offenses,
kidnaping, assault, robbery,
menacing, reckless endangerment,
harassment and disorderly
conduct.
25. 25
Definition of Workplace Violence:
The term coercive behavior
is intended to convey the
sense that workplace
violence may take many
forms in addition to the use
of force. The aggressor may
use berating language,
physical or verbal threats or
damage personal property.
26. 26
ASIS International’s Workplace
Violence Guidelines state that
Workplace violence encompasses
a broad range of behaviors along a
continuum, from behaviors of
concern to threatening behavior to
acts causing physical injury or
death. At the “low” end of the
continuum lie disruptive,
psychologically aggressive, or
emotionally abusive behaviors that
generate anxiety or create a
climate of distrust and impact
employee productivity and morale.
27. 27
Definition of Workplace Violence:
Moving along the continuum
are any words or other actions
that are reasonably perceived
to be intimidating, frightening,
or threatening to the employee
and that cause reasonable
concern for workplace safety—
including direct or veiled
threats, stalking, or aggressive
harassment.
29. 29
Workplace Violence:
By the numbers:
Over the first 10 years of
the 21st century, 2000-
2009, an average of 590
work-related homicides
have occurred each year
in the United States.
30. 30
Workplace Violence:
Based on a study conducted by the
Bureau of Labor Statistics in 2005
approximately 5% of all businesses
in the US experienced an incident
of workplace violence. The study
also reported that while 5 percent
of all establishments, including
State and local governments, had a
violent incident, 50% of
organizations with more than 1,000
employees experienced and
incident.
34. 34
Workplace Violence:
By the numbers:
The magnitude of workplace
violence in the United States is
measured with fatal and nonfatal
statistics from several sources.
The Bureau of Labor Statistics’
Census of Fatal Occupational
Injuries (CFOI) reported 14,770
workplace homicide victims
between 1992 and 2012.
35. 35
Workplace Violence:
By the numbers:
Averaging over 700
homicides per year, the
largest number of
homicides in one year
(1080) occurred in 1994,
while the lowest number
(468) occurred in 2011.
36. 36
Workplace Violence:
By the numbers:
From 2003 to 2012 over half of
the workplace homicides
occurred within three
occupation classifications:
Sales and related occupations
(28%), protective service
occupations (17%), and
transportation and material
moving occupations (13%).
37. 37
Data collected by the
Consumer Product Safety
Commissions’ National
Electronic Injury Surveillance
System (NEISS) that is
collected in collaboration with
NIOSH (NEISS-Work
Supplement) estimated more
than 137,000 workers were
treated in emergency
departments for nonfatal
assaults in 2009.
38. 38
The Bureau of Justice
Statistics’ National
Crime Victimization
Survey (NCVS) estimated
the number of nonfatal
violent crimes occurring
against persons 16 or
older while they were at
work in 2009 at 572,000.
39. 39
These statistics were
compiled and reported by the
CDC based on official stats
provided to by various
federal agencies tasked with
tracking such data.
40. 40
Workplace Violence:
By the numbers:
Since 2004, there have been
"significant increases” in reports of
assault, rape and homicide, with the
greatest number of reports in the
last three years. In addition, Security
Mgt. Magazine reported that
workplace violence was identified as
one of the top five concerns of
corporate and industrial security
managers.
44. 44
Workplace Violence-
Background & History:
Specifics: Workplace violence began
generating concern among public and
private sector organizations in the
United States in the 1988- 1990 years,
and the awareness has increased
steadily. While perceived as a threat
to employees, no statistical
information existed to allow the
proactive development of prevention
programs and policies.
45. 45
Background & History:
At that time, statistics
maintained by governmental
agencies such as OSHA and
state-level programs tracked
employees that were injured or
killed in the workplace, but
“provided no break down of
deaths or injuries that were
caused by current or former
employees”.
46. 46
Workplace Violence-
Background & History:
• In September 1993, the Chicago-
based National Safe Workplace
Institute released a study pegging
the cost of workplace violence at
$4.2 billion annually. They
estimated that in 1992, over
111,000 violent incidents were
committed in work environments,
resulting in 750 deaths. In recent
years this number has grown.
47. 47
Workplace Violence-
Background & History:
In 1994 the Workplace Violence
Research Institute conducted a study.
The institute interviewed more than 600
professionals in various professions
affected by workplace violence. The
incidents were divided into one of five
categories: fatalities, rapes, aggravated
assaults, threats, and acts of
harassment. The results of the project
showed that workplace violence actually
resulted in a $36 billion annual loss.
49. 49
Workplace Violence-Incidents
New Jersey- On April 10th
, 2002, a police
officer in Dover Township, New Jersey
allegedly gunned down and killed 5 of his
neighbors, drove to the residence of the
police chief, with whom he had worked
for years and wounded him. He fled and
committed suicide.
Miami Beach- On April 19th
, 2002, a fired
temporary worker returned to a Miami
Beach, Florida construction site and shot
his former supervisor in the chest with a
spear gun.
50. 50
Workplace Violence-Incidents
Amtrak- In 1987, an Amtrak
railroad employee shot and
seriously wounded his supervisor.
Amtrak had failed to discipline the
employee for a previous action
that indicated violent tendencies.
Detroit- On September 26th
, 2001, at
a Detroit auto parts plant, a man
chased his former girlfriend
through her workplace killing her
then turned the gun on himself.
51. 51
Workplace Violence-Incidents
South Bend- On March 22nd
, 2002, fearing
impending termination, a worker at an
aviation parts manufacturing plant in
South Bend, Indiana shot 3 employees
to death, wounded another 4
employees and later committed
suicide.
North Carolina- On April 5th
, 2002, at a
worldwide telecommunications firm in
Raleigh, North Carolina, a disgruntled
employee, allegedly made threats to fly
his airplane into his workplace. He was
fired and arrested for terrorist threats.
53. 53
The Causes of Workplace Violence:
There are many causes of
workplace violence including
economic, societal,
psychological, and organizations
issues. The economic causes are
an over-stressed population,
downsizing or re-organizing
departments, massive layoffs,
growth of technology, recession,
massive mergers, post
modernism and unemployment.
54. 54
The Causes of Workplace Violence:
Many people have the opinion that
the societal causes of workplace
violence are many; a changing
society, violence on television and in
the movies, music, violence as an
accepted means of problem solving,
not to mention the accessibility of
handguns. Physiological causes of
workplace violence may also be the
result of employees who have
experienced emotional, physical, or
sexual abuse from adult or
childhood.
55. 55
The Causes of Workplace Violence:
The root causes of workplace
violence are at the center of
the controversy surrounding
this issue. Many individuals
in management positions
believe disagreeable workers
are to blame for workplace
violence.
56. 56
The Causes of Workplace Violence:
The occasional disgruntled
employee who snaps and
lashes out at co-workers
or employers is
presented as the norm.
This dismissive
perception can prove to
be a dangerous
57. 57
How could life in the corporate
workplace go so terribly wrong that
things could come to this? How?
58. 58
Here is a summary of the principle
causes of workplace violence:
59. 59
Causes:
Understaffing- where workers are
forced to work alone or with
inadequate support from co-workers
and or managers.
Training- Failure to train workers to
recognize and defuse potentially
violent situations.
Prepardness- Failure to create and
enact emergency procedures to
address potentially violent situations
60. 60
Causes:
Safety- Failure to emphasize safety
measures in the workplace,
including designing the workplace to
minimize potentially violent
situations.
Presumption- The most prevalent
however, is the continuation of the
employee attitude and assumption
that violence will never happen in
their place of employment.
61. 61
Causes:
What is generally the
most common reason
for workplace violence?
It is usually because
the person has been…
64. 64
Who is at Risk?
Potential for violence can exist
in any workplace; some
however, are at a greater risk
due to the people they may
encounter. Employees in the
service industry and workers
who handle large sums of
money are more often at risk
for violence.
65. 65
Who is at Risk?
The greatest risk of violence
comes to those who are in
the health care field. These
workers who come in direct
contact with patients on a
daily basis are at the greatest
risk for violence in the
workplace.
66. 66
The Behavior of One:
• Increased use of alcohol
and/or illegal drugs
• Unexplained increase in
absenteeism
• Noticeable decrease in
attention to appearance
and hygiene
67. 67
The Behavior of One:
• Depression and
withdrawal
• Explosive outbursts of
anger or rage without
provocation
68. 68
The Behavior of One:
• Threatens or verbally abuses co-
workers and supervisors
• Repeated comments that
indicate suicidal tendencies
• Frequent, vague physical
complaints
• Noticeably unstable emotional
responses
• Behavior that is suspect of
paranoia
69. 69
The Behavior of One:
• Preoccupation with previous
incidents of violence
• Increased mood swings
• Resistance and over-reaction
to changes in procedures
• Increase of unsolicited
comments about firearms and
other dangerous weapons
70. 70
The Behavior of One:
• Empathy with
individuals committing
violence
• Repeated violations of
company policies
• Fascination with violent
and/or sexually explicit
movies or publications
75. 75
The Fred Sumner Incident:
A man distraught because he
suspected his wife was having an
affair walked into a glass-walled
office complex and began firing a
semiautomatic handgun, ending
by shooting himself in the
abdomen, police said. Gunman
Fred Michael Sumner, a 52-year-
old Largo resident, survived and
was airlifted to a local hospital for
treatment after the outburst at his
wife's workplace. No one else was
injured, police said.
76. 76
The Fred Sumner Incident:
The incident sent fear and
confusion rippling through the
multiple businesses that occupy
Bayview Pavilion, a three-story
office building at 15550 Lightwave
Drive, Largo. At least 5 thick plate
glass windows were shattered by
the gunfire, but no injuries or
direct threats to employees were
made by Sumner. The suspect
then turned the gun on himself.
78. 78
The Edgewater Technology
Massacre- Mucko McDermott
Michael “Mucko” McDermott, a
42-year-old software engineer,
used an AK-47 assault rifle and a
12-gauge shotgun to kill seven of
his co-workers at Edgewater
Technology Inc. in Wakefield, MA.
On Dec. 26th
, 2000. Prosecutors
have said he was angry over a
government demand that the
company withdraw back taxes
from his paychecks.
79. 79
The Edgewater Technology
Massacre- Mucko McDermott
McDermott went to Edgewater
Technology on Christmas Day
2000 and left behind a stash of
weapons: A Russian AK-47
semiautomatic rifle with an
attached 60-round, large
capacity feeding device; a 12-
gauge pump-action shotgun; a .
32-caliber pistol; a bolt action
rifle and a bag filled with
ammunition boxes.
80. 80
The Edgewater Technology
Massacre- Mucko McDermott
The next day, at about 11:10 a.m.,
he took out the shotgun and the
AK-47, and began a rampage that
claimed the lives of seven co-
workers as listed:
Janice Hagerty, 46
Cheryl Troy, 50
Craig Wood, 29
Jennifer Bragg Capobianco, 29
Louis Javelle, 58
Paul Marceau, 36
Rose Manfredi, 48
84. 84
The Washington Navy Yard
Massacre- 2013
The Washington Navy Yard shooting
occurred on September 16, 2013, when lone
gunman Aaron Alexis fatally shot twelve
people and injured three others in a mass
shooting at the headquarters of the Naval
Sea Systems Command (NAVSEA) inside the
Washington Navy Yard in Southeast
Washington, D.C. The attack, which took
place in the Navy Yard's Building 197, began
around 8:20 a.m. and ended when Alexis was
killed by police around 9:20 a.m.
85. 85
The Washington Navy Yard
Massacre
On Monday, September 16, Alexis
left his hotel and arrived at the
Navy Yard in a rented Toyota Prius
at around 7:53 a.m., using a valid
pass to enter the Yard. He entered
Building 197 at 8:08 a.m. through
the main entrance, carrying the
disassembled shotgun (the barrel
and stock of which had been sawed
off) in a bag on his shoulder, and
went to the fourth floor, where he
conducted work during the prior
week.
86. 86
The Washington Navy Yard
Massacre- 2013
He assembled the shotgun inside a bathroom,
then emerged with the gun, crossed a hallway
into the building's 4 West area, which is a
cubicle area near the atrium, and began
shooting at 8:16 a.m. Four people were hit;
three of them died, while the fourth, a young
woman, survived wounds to the head and
hand. At 8:17 a.m., approximately one minute
and 30 seconds after the first shots were fired,
the first calls to 911 were made.
87. 87
The Washington Navy Yard
Massacre- 2013
By 8:20 a.m., Alexis had shot and killed eight
people on the fourth floor, and he made his
way to the third floor, where he fatally shot
two more people within the next two minutes.
He also fired at several people on at least five
separate occasions, wounding one woman in
the shoulder as she ran up a stairwell. After
firing several shots on the third floor, Alexis
went to the first floor.
88. 88
The Washington Navy Yard
Massacre- 2013
While on the first floor, Alexis moved around
randomly before turning around and heading
towards the front entrance. There, he fired at
Richard Ridgell, the security officer stationed
there, through a set of windows, killing him and
taking his Beretta 9mm pistol afterwards.
Ridgell, a former Maryland state trooper, had
earlier been informed by two police officers to
remain at his post and try to stop the gunman if
he attempted to leave the building.
89. 89
The Washington Navy Yard
Massacre- 2013
Alexis then fired his shotgun at a second security
guard and a Navy military police officer at the first-
floor atrium, missing both; the security guard fired
back and Alexis fled down a hallway. Shortly
afterwards, Alexis fired at two police officers and a
Naval Criminal Investigative Service agent in another
hallway before fleeing again. 8:34 a.m., Alexis went
towards the west side of the building, where he
encountered two men standing at a corner of the
building. He tried to fire at them with his shotgun, but
realized he was out of ammunition and switched to the
stolen Beretta, shooting and killing one of the men.
90. 90
The Washington Navy Yard
Massacre- 2013
At approximately 8:55 a.m., Alexis went to the
third floor via stairwell and concealed himself
inside a bank of cubicles. At 9:12 a.m., two
officers and two NCIS agents entered the
cubicle area, whereupon Alexis opened fire on
them, hitting one of the officers, Scott Williams,
in both legs. The other officer and the NCIS
agents dragged Williams out of the area and
alerted other officers to Alexis' presence.
91. 91
The Washington Navy Yard
Massacre- 2013
At 9:15 a.m., D.C. Police Emergency Response
Team officer Dorian DeSantis and U.S. Park
Police officers Andrew Wong and Carl Hiott
entered the cubicle area and searched the
individual banks. Eventually, Alexis jumped out
from one of the desks and fired at DeSantis
from approximately five feet away, shooting him
once in his tactical vest, and the three officers
returned fire. DeSantis was uninjured by the
gunshot. At 9:25 a.m., Alexis was fatally shot in
the head by DeSantis during the gunfight.
92. 92
The Washington Navy Yard
Massacre- 2013
The media reported that Alexis had filed a
police report in Newport, Rhode Island on
August 2, 2013, in which he claimed to be the
victim of harassment and that he was hearing
voices in his head. According to an FBI official
after the shooting, Alexis was under "the
delusional belief that he was being controlled or
influenced by extremely low frequency
electromagnetic waves.
93. 93
The Washington Navy Yard
Massacre- 2013
On August 4, 2013, naval police were
called to Alexis' hotel at Naval Station
Newport and found that he had "taken
apart his bed, believing someone was
hiding under it, and observed that Alexis
had taped a microphone to the ceiling to
record the voices of people that were
following him".
94. 94
The Washington Navy Yard
Massacre- 2013
In March of 2008, Alexis obtained a secret
clearance from an HP subcontractor (via
government approval), from USIS, tasked with
conducting his background investigation. The
USIS contractor failed to note or detect that
Alexis was arrested in 2004 in Seattle,
Washington, for malicious mischief, after
shooting out the tires of another man's vehicle
in what he later described as the result of an
anger-fueled "blackout"
95. 95
The Washington Navy Yard
Massacre- 2013
On his clearance application, Alexis said he
had never been charged with a felony, and that
he had not been arrested in the last seven
years; the personnel report said Alexis had
given these answers because the 2004 charge
had been dismissed. This security clearance
investigation conducted by USIS, is the same
contractor that had also vetted Edward
Snowden.
96. 96
The Washington Navy Yard
Massacre- 2013
On September 25, 2013, Hewlett Packard
company fired the subcontractor computer
firm “The Experts”, which employed Aaron
Alexis, over "its failure to respond
appropriately" to the Washington Navy Yard
shooter's mental health issues, which were
clearly evident. Over 170 law enforcement
personnel responded to the tragic workplace
violence incident.
97. 97
The Washington Navy Yard
Massacre- 2013
In June 2013 the office of Senator Claire
McCaskill stated that USIS was "under active
criminal investigation". A statement from USIS
stated that it was unaware that it was under
criminal investigation. It added that "USIS
complied with that subpoena and has
cooperated fully with the government's civil
investigative efforts". USIS, as the
government's No. 1 provider of background
checks for the United States, earned $253
million in awards this year alone.
103. 103
The Xerox Masascre, Honolulu
The Xerox murders was an incident
of mass murder that occurred on
November 2, 1999, in a Xerox
building in Honolulu, Hawaii.
Service technician Byran Koji
Uyesugi shot at eight people; seven
fatally (six co-workers and his
supervisor) and one more fired
upon during escape. This was the
worst mass murder in the history of
the state of Hawaii. The incident
shook the conscious of the United
States public people.
104. 104
The Xerox Masascre, Honolulu
The case also
heightened
awareness of
workplace violence
in Hawaii and
elsewhere in the
United States.
105. 105
Byran Koji Uyesugi-
The Warning Signs:
• Uyesugi's troubles apparently began soon
after he was transferred to another
workgroup. He began making unfounded
accusations of harassment and product
tampering against fellow repairmen, who
had great difficulty placating his anger.
Former co-workers who knew him reported
the other members of his team allegedly
ostracized him, making him feel isolated and
106. 106
Byran Koji Uyesugi-
The Warning Signs:
• His anger was such that he
reportedly made threats against
other fellow co-workers' lives. In
1993, he was ordered to undergo
psychiatric evaluation and anger
management courses after he kicked
in and damaged an elevator door.
107. 107
Byran Koji Uyesugi-
The Warning Signs:
• Uyesugi was arrested for third degree
criminal property damage. Four co-workers
told Dr. Michael Welner, Chairman of The
Forensic Panel and renowned
forensic psychiatrist who interviewed
Uyesugi prior to trial, stated that as early as
1995, Uyesugi was openly speaking of
carrying out a mass shooting at the
workplace were he ever to be fired from
108. 108
Byran Koji Uyesugi-
The Warning Signs:
• He also felt that his co-workers were
engaged in patterns of harassment,
back stabbing behavior, and
spreading of rumors. He refused re-
training and thus on November 2nd
,
1999, carried out his diabolical
rampage.
109. 109
Byran Koji Uyesugi-
The Warning Signs:
• The huge question here is, why was
Uyesugi not terminated long ago, before
1999? He had kicked in an employer’s
elevator door, even arrested for it, and
made open threats against fellow
employees lives. Serious issues going back
6 years to 1993? Employer liability here?
110. 110
Byran Koji Uyesugi-
The Warning Signs:
YES. In 2005, Xerox and the hospital
that examined Uyesugi settled a
lawsuit brought by the families of the
shooting victims, who felt that both
had ignored clear signs of Uyesugi's
mental instability.
112. 112
Workplace Violence explodes on the national
scene. The Lonnie Gilchrist Incident:
• On April 7, 1988, Lonnie Gilchrist, a Boston
Merrill Lynch stockbroker, shot his Regional
Vice President, George Cook. Gilchrist shot
Cook three times with a .22-caliber pistol as
the executive sat behind his desk. As Cook
crawled toward his door crying for help,
witnesses said, Gilchrist shot him twice more.
Gilchrist had been terminated the day before
due to insubordinate & aggressive behavior.
113. 113
COMMONWEALTH vs. LONNIE L. GILCHRIST:
Official court documents- 413 Mass. 216
• Between 10:30 and 11:30 A.M. on April
7, 1988, the defendant, who had been
employed as a stockbroker at the Boston
offices of Merrill Lynch, entered the
office of George Cook, a vice president of
Merrill Lynch, and shot him with a pistol
five times, at least once when Cook was
on the floor pleading for mercy.
114. 114
COMMONWEALTH vs. LONNIE L. GILCHRIST:
Official court documents- 413 Mass. 216
• The defendant then chased Cook, who
had managed to get to his feet and run
from his office, down the hall, in full
view of the employees at Merrill Lynch,
striking the back of Cook's head three
times with the butt of the gun and
kicking him. Cook died after being taken
to Massachusetts General Hospital.
115. 115
Culpability. Who takes it?:
The clear and undeniable pattern here in most of these
examples of workplace violence, is that the perpetrator
without question, exhibited obvious signs of isolation,
mental illness, or at the very least, mental imbalance.
And those warning signs were ignored, brushed off as
eccentric, or not dealt with properly due to unrealistic
company protocols and or policies. Employees like
Mucko McDermott and Byran Koji Uyesugi should
have been released long before these tragic incidents
ever had a chance to happen. That lack of training,
that lack of leadership, cost people their lives <
116. 116
A look at major incidents at U.S. workplace
shootings in the last decade:
121. 121
Workplace violence by women?
An employee of the Dept. for
Children and Families was shot
twice and killed in Barre, Vermont
on a Friday afternoon, allegedly by
a mother who had recently lost
custody of her 9 year old child.
Lara Sobel was shot as she left
work at Barre City Place, where
DCF has offices, state & local
police said by a 270-caliber, bolt-
action Remington rifle. The killer
had been waiting for her to leave.
122. 122
Workplace violence by women?
Vermont Police arrested
Jody Herring in connection
with the shooting. Herring
reportedly lost custody of
her 9-year-old child in July.
Three more people found
dead in a Berlin, Vermont
farm home the following
day, are closely related to
suspect, Jody Herring.
123. 123
Workplace violence by women?
Aggravated murder charges
were filed against Jody
Herring, age 40, of South
Barre, for the shooting deaths
of her cousins Rhonda and
Regina Herring and their
mother, Julie Ann Falzarano.
The murders appear related to
the DCF dispute. The murder
weapon was allegedly stolen
from her ex-boyfriend’s home.
124. 124
Jody Herring was "very
calm and laughing" after
killing Lara Sobel, according
to prosecutors’ court
papers filed by arresting
128. 128
Workplace violence by women of
any industry, is more common
than you might think. Although the
biology between a man and a
woman are very much different,
the emotions are not. That is what
primarily drives workplace
violence, emotions. Emotions
about job performance, emotions
about how your treated and
judged by superiors, colleague
relationships, and personal
relationships outside of work.
129. 129
Although women tend to be more
restrained & logical with regard to
violent loss of control due to
emotion in the corporate
workplace, they are still human
and can become equally violent,
but, with much lesser frequency.
The difference is, the homicide
rate is quite substantially, lower
from that of men. Workplace
violence amongst women as the
perpetrators is documented via
the media outlets very widely, but
it usually is physical assaults.
134. 134
Do you have documentation that all employees
understand Workplace Violence policies?
135. 135
Legal Issues and Liability:
• American employers hold
liability in all areas of business,
both civilly and criminally. Under
the theory of the respondent
superior, an employer is
vicariously liable for any actions
committed by its employees
within the scope of their
job/employment. That is to say
the employer can be held liable
even if they did nothing wrong.
136. 136
Legal Issues and Liability:
• The employer is liable for
actions of the employee
when the employee is
working, even if the
employee is acting against
company policy.
• (Respondent Superior: an employer is responsible
for the actions of employees performed within
the course of their employment. This rule is also
called the "Master-Servant Rule“)
137. 137
Legal Issues and Liability:
Most importantly, employers can be held
liable on the grounds of negligent hiring
or negligent retention of an employee
who has a known propensity for violence.
Employers can and are being held liable
for the willful misconduct of their
employees, even if the employees’
actions occur outside the scope or place
of employment. This form of liability is
defined by the legal theories of negligent
hiring and retention.
138. 138
Legal Issues and Liability:
While these theories are not
necessarily new, what is worthy
of notice is the increase in
negligent hiring and retention
claims. Beginning in the 1980’s,
negligent hiring and retention
claims have been on a rapid rise
and very costly judgments
result.
140. 140
Negligent Hiring:
The doctrine of negligent hiring was
developed from the “fellow servant
rule,” which imposed on employers
the obligation to hire and retain
employees who would not pose a
danger to other employees. The co-
worker injured as a result of
violence could recover damages due
to the employer’s breach of duty in
hiring the violent offender.
141. 141
Negligent Hiring:
Unlike the doctrine of respondeat
superior, which is based on
vicarious liability-holding another
entity responsible for the torts of
others-the doctrine of negligent
hiring holds the employer directly
liable for negligence. In addition,
the latter doctrine can be extended
to include acts outside the scope of
employment.
142. 142
Negligent hiring is
defined as the hiring of an
employee the employer
knew or should have
known was unfit or
unsuitable to the
workplace environment
due to a history of or
predisposition for violent
behavior.
143. 143
In essences, the legal theory
is that the employer was
negligent or failed to
conduct a proper and
adequate pre-employment
screening, therefore,
alerting behaviors and
information of the
employee’s propensity for
violence were not
ascertained, which created a
risk of ham to foreseeable
victims.
144. 144
Negligent Hiring:
Negligent hiring cases have
had legal verdicts of up to $40
million (Source: Gurtin vs. Nurse
Connection, et. al., 2002) and the
average settlement of a
negligent hiring lawsuit is
nearly $900.000
(Source: Human Resources
Management, 2008).
145. 145
Negligent Retention:
Similar to the doctrine of negligent
hiring, the doctrine of negligent
retention holds an employer
directly liable for retaining an
employee or not taking steps to
insure the safety of third parties
after the employer becomes aware
of, or should have become aware of
the employee’s unsuitable behavior
or propensity for violence.
146. 146
Negligent Retention:
In essence, the legal
argument is advanced that
the employee’s behavior
put the employer on
notice, or should have, that
the employee was not
suitable to the work
environment or posed a
threat.
147. 147
Legal Issues and Liability:
According to a study by Liability
Consultant’s, a consulting firm
specializing in premises liability, the
average settlement in these workplace
violence cases is now over $1.6 million.
Such sensational monetary judgments
are sure to attract attention among
potential plaintiffs and the lawyers
eager to try their cases. As awareness
continues to increase, it could be
argued that this type of litigation will
gain more and more momentum.
148. 148
Legal Issues and Liability:
More than ever, employers
need to clearly understand what
negligent hiring and retention
is, what responsibilities
employers have to create a safe
environment through employee
selection, and what actions are
necessary to reduce the risk of
liability and loss.
152. 152
Prevention & Safety Tips:
It is imperative that you know that
not all incidents of workplace
violence require an immediate 911
or Security notification. Obviously
any event that involves the use of a
weapon, i.e. a gun, knife, blunt or
sharp object would most certainly
demand a 911 call. Any situation
where one employee is attacking
another with intent to injure or kill
them.
153. 153
Prevention & Safety Tips:
However, in a situation where 2 or
more employees are having a
heated dispute, or are threatening
each other does not require an
emergency response. If you witness
such behavior, you should report it
to your supervisor immediately.
Even if 2 employees start fighting
each other, you REPORT it to your
superiors and let them size up the
situation and take the necessary
actions to defuse the matter.
154. 154
Prevention & Safety Tips:
NEVER attempt to break up
a fight on your own as you
could be injured yourself.
Allow the Mgt. staff who
are responsible for the
dept. to take the
prescribed actions to
remedy the situation.
157. 157
Workplace Violence
“The prevention of
workplace violence is
everybody’s business”
Gene Rugala, F.B.I. (Retired)
“If you see something or sense
something, say something”
(Center for Personal Protection and Safety)
159. 159
Workplace Violence
Prevention Tips:
One of the greatest shortfalls in critical
incident workplace violence policies is that
they fail to establish a notification
standard with their tenants. Property
management needs to be notified when
their building tenants anticipate a hostile
termination, or when an internal
workplace violence incident has resulted
in suspension of one of their employees.
Managers should also keep a log of all
reported workplace violence incidents.
161. 161
Workplace Violence
Prevention Tips:
Another consideration management
must face is to what extent their
security personnel should commit to
workplace violence issues. If you
have designated your security
personnel to a role no greater than
that of a greeter at the information
desk, then they should not be put in
a confrontational situation; they
simply haven't been trained to
handle these types of situations.
163. 163
Workplace Violence
Prevention Tips:
Very few terminations are done
spontaneously. Consider having
your tenant hire their own
security personnel for these
situations; committing your own
security personnel may leave
your building vulnerable because
they have left their post(s) or
patrol duties.
165. 165
Workplace Violence
Prevention Tips:
• Provide a safe workplace,
including written policies,
employee training, proper
staffing and follow-up of
any serious incidents.
167. 167
Workplace Violence
Prevention Tips:
• Implement a comprehensive policy
for preventing and managing
workplace violence that establishes
clear expectations of employee
behavior and a course of action for
employees and managers to take
when incidents of violence occur.
The policy/policies should include
confidential reporting, freedom
from reprisals and disciplinary
action for violations.
168. 168
Workplace Violence
Prevention Tips:
Provide safety education for
employees so they know
what conduct is not
acceptable, what to do if
they witness or are
subjected to workplace
violence, and how to protect
themselves.
169. 169
Safety Tip: Identify at-risk
employees and take the
preventative measures needed
before they do indeed ‘snap’.
174. 174
There is a wrong way and a
right way to go about this.
175. 175
If you elect to be callous and you are
unable to be forthcoming with an employee
about to be terminated, then things can get
out of control and potentially violent.
177. 177
Firing an employee is right at the
top of most managers’ “Hated
Responsibilities” list. Whether the
termination is a result of budget
cutbacks or the employee’s repeat
poor performance, telling someone
that they’re out of a job – especially
in a poor economy – is nerve
wracking and heartbreaking. On top
of the normal guilt that occurs,
there’s also the realistic concern
that the employee could flip out and
become dangerous.
178. 178
There isn’t a trick of the
trade that’s going to make
firing someone easy, but
by avoiding these
common mistakes, you
can at least make the
process more bearable for
both you and the
employee.
179. 179
1. Using in-appropriate data:
• Managers sometimes use and refer
to data when deciding to layoff an
employee. However, this data’s
intended use may have been solely
to help the employee and the
company develop over time. If data
is meant to be used in one way, but
is then also used to justify a
termination, the employee may
have a case against the employer
due to misrepresentation.
180. 180
1. Using in-appropriate data:
• Before an employer makes the
decision to fire an employee,
and certainly before the
situation is discussed with the
employee, it’s important to look
at all relevant data and form a
clear, concise and reasonable
reason for the termination.
181. 181
1. Using in-appropriate data:
• If the numbers you’re
looking at aren’t something
the employee knows about,
or has the ability to control,
you could be making a bad
decision for the company
and the employee, both.
182. 182
2. Basing termination one bad
review:
Instead of looking at the big picture,
some employers immediately fire
an employee after their first poor
performance review. There are two
downfalls to doing this: first, the
employee can say that they were
wrongfully terminated and second,
the employer has now gotten rid of
an otherwise beneficial employee,
which means extra cost will be
spent filling that position.
183. 183
2. Basing termination one bad
review:
It’s important for
management to look
over the employee’s
history, not just their
recent performance.
184. 184
2. Basing termination one bad
review:
On boarding new employees is
expensive and difficult for company
culture to handle. It’s important,
therefore, to work out a plan that
accounts for more than one strike,
coupled with corrective measures,
depending in the severity of the
issues. Most employees want to do
a good job, if given the chance to fix
their mistakes.
185. 185
3. Saying too much or saying too little:
When firing an employee, knowing how
much to say is a delicate balancing act.
Some managers err on the side of not
saying much at all – in the end, the news
delivered is the same, right? Staying tight
lipped shows a lack of empathy, though,
which just makes the blow to the
employee that much harder to handle.
Saying too much isn’t good either. Once
someone finds out that they’re being let
go, their brain goes into survival mode,
which makes it hard to understand and
retain complicated information, like
details about the company’s financial
position.
186. 186
3. Saying too much or saying too little:
As a manager, it’s also
good to stay away from,
“This is so hard on me,”
statements. Yes, it’s
difficult to deliver the
news, but it’s not nearly
as difficult as it is to be on
the receiving end.
187. 187
4. Failure to explain the security process:
• As if getting fired isn’t enough, most
companies have a policy that the
terminated employee has to be escorted
out of the building by security. It’s
humiliating enough to pack up your desk
as your co-workers look on, but now
you’ll be watched like a hawk by a
building security officer. While managers
aren’t expected to lift this policy in order
to protect the employee’s feelings, it
should be explained that it’s common
practice to have security present and that
it’s in no way personal. This exit strategy
must be explained.
188. 188
4. Failure to explain the security
process:
• If you can’t explain the
security process because you
don’t have one, don’t wait
until you’ve terminated an
employee to figure out how
to manage their keys, IDs,
account logins and
passwords.
189. 189
5. Keeping information private
from other staff members:
• A certain amount of information
regarding the terminated
employee should become public
knowledge within the company,
or at least within the immediate
department. If the decision isn’t
addressed and explained,
remaining employees may start
to worry for their own job. This
can seriously increase anxiety
and decrease morale.
190. 190
5. Keeping information private
from other staff members:
• While it’s rarely a good
idea to discuss the
specifics of an employee’s
termination, you should
always be open about the
process and be sure
employees know it’s for
the good of everyone
involved.
191. 191
Reprimands & Termination Tip:
Reprimand- Termination:
It is important that during any
official reprimand or termination of
an employee, that HR specialists,
managers, dept. heads, and
supervisors take special precautions
on how to deal with disciplining an
employee, especially one who has
displayed acts of aggression in the
past. The environment is critical.
192. 192
Reprimand- Termination
When engaged in the process of
reprimanding or terminating an
employee, execute the following:
1. Greet the employee with sincerity
and perhaps even extend a
handshake. Make the initial
appearance as comfortable as
possible.
2. Insure that you are firm in your
delivery as to why the employee is
being disciplined and stick to the
facts. Do not allow the employee to
dictate the session or deviate.
193. 193
Reprimand- Termination
3. Never allow yourself to be
intimidated or manipulated.
Do not act hostile toward the
employee or allow yourself to
be easily offended. Control the
meeting, show utmost respect
to the employee, but be firm
in the reasons why there being
reprimanded or fired.
194. 194
Workplace Violence
Follow Up:
Secure the workplace. Where
appropriate to the business,
install video surveillance, extra
lighting, and alarm systems
and minimize access by
outsiders through
identification badges,
electronic keys, and security
personnel.
195. 195
Prevention Tips:
Learn how to recognize, detect,
avoid, or diffuse potentially violent
situations by attending personal
safety training programs.
Alert supervisors to any concerns
about safety or security and report
all incidents immediately in writing.
Avoid traveling alone into
unfamiliar locations or situations
whenever possible.
196. 196
Workplace Violence
Prevention Tips:
• Nothing can guarantee that an
employee will not become a victim
of workplace violence. Even the
best policies put into place to avoid
such incidents, cant inoculate us
from such behavior. However, it is
hoped that the information and
prevention tips outlined here can
help greatly reduce the odds.
202. 202
As a manager or supervisor, you
play an important role in providing
support to employees following a
critical incident. During this time,
your staff may experience a variety
of changes in productivity and
conduct. Employees will need
emotional support and
understanding, while you focus on
maintaining stable work
performance. How you respond to
these demands is vital.
