A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

Law360, New York (August 24, 2015, 11:08 AM EDT) -- Mark A. Lies II

Craig B. Simonsen Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.

In one case, decided by the Ninth Circuit, the employer, a superalloys casting company, chose to fire an openly hostile employee making death threats to avoid potential injury to its employees and face the prospect of costly litigation, including an Americans with Disabilities Act lawsuit.

In the other case, decided by an Occupational Safety...

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