Employer Rights and Responsibilities Balance
California SB 553 not only establishes requirements for employers but also provides important legal rights and tools to help employers protect their workplaces. Understanding these rights is critical for effectively managing workplace safety and navigating potential violence situations.
While SB 553 places significant responsibilities on employers to prevent workplace violence, it simultaneously recognizes that employers need legal protection and enforcement options when faced with violence or threats. This balanced approach helps create safer workplaces for everyone.
Important Note on Legal Information
The information provided on this page is general guidance only and should not be construed as legal advice. Specific situations may require consultation with qualified legal counsel familiar with employment law and workplace safety regulations in California.
Legal Protections for Employers
SB 553 and related California laws provide employers with several important legal protections and tools to address workplace violence:
Right to Seek Workplace Violence Restraining Orders
Under California Code of Civil Procedure Section 527.8, employers have the right to seek a Workplace Violence Restraining Order (WVRO) to protect employees from violence, threats of violence, or serious harassment by another person. SB 553 enhances this protection by:
- Expanding the scope of protected activities
- Clarifying that the order covers all employees, not just specific individuals
- Streamlining the application process for employers
These restraining orders can prohibit the restrained person from contacting employees, coming near the workplace, and possessing firearms.
Right to Implement Safety Measures
SB 553 affirms employers' rights to implement reasonable safety measures to protect their workplace, including:
- Access control systems and visitor management protocols
- Security monitoring and surveillance systems
- Emergency communication systems and alert procedures
- Modification of work environments for improved safety
- Implementation of screening procedures for potential threats
Right to Enforce Workplace Conduct Policies
Employers have the right to establish and enforce policies prohibiting workplace violence, threats, and other disruptive behaviors. SB 553 supports this right by:
- Requiring documentation of incidents
- Establishing clear protocols for addressing violations
- Providing a framework for appropriate disciplinary actions
- Supporting consistent enforcement of safety rules
Right to Coordinate with Law Enforcement
SB 553 recognizes employers' right to involve law enforcement when necessary to address workplace violence. This includes:
- Reporting criminal threats or acts of violence
- Requesting police presence during high-risk situations
- Sharing relevant information about potential threats
- Collaborating on security planning and risk assessments
Obtaining a Workplace Violence Restraining Order
One of the most powerful legal tools available to employers is the Workplace Violence Restraining Order (WVRO). Understanding how to obtain this protection is essential for employers facing serious threats or violence.
1
Determine Eligibility
A WVRO may be appropriate when:
- An employee has suffered violence or threats
- There is a credible threat of violence
- The threat is not part of a labor dispute
- The behavior is not constitutionally protected
2
Gather Documentation
Collect evidence to support your petition:
- Incident reports documenting threats/violence
- Witness statements
- Communications containing threats
- Video/photo evidence
- Prior police reports
3
File Court Petition
Complete and file the required forms:
- Form WV-100: Request for Workplace Violence Restraining Orders
- Form WV-101: Description of Respondent
- Form WV-102: Additional Employees to Be Protected (if applicable)
- Form CLETS-001: Confidential CLETS Information
4
Temporary Restraining Order
If immediate protection is needed:
- The judge may issue a TRO the same day
- Protection begins as soon as the order is served
- TRO typically lasts until the court hearing
- Can include stay-away orders and firearm restrictions
5
Service of Process
Ensure proper legal service:
- The restrained person must be personally served
- Service typically performed by law enforcement or process server
- Proof of service must be filed with the court
- Service must occur at least 5 days before hearing
6
Court Hearing
Present your case at the scheduled hearing:
- Prepare to explain the need for protection
- Bring witnesses and evidence to court
- Be ready to answer questions from the judge
- The restrained person has right to respond
7
Permanent Restraining Order
If granted, a permanent order:
- Can last up to 3 years
- Can be renewed for additional 3-year periods
- May include a variety of protective measures
- Should be provided to security personnel and affected employees
- Can be enforced by law enforcement
Legal Representation Recommendation
While employers can file for WVROs without an attorney, legal representation is highly recommended for navigating this complex process, especially for organizations with limited experience in court proceedings or when facing particularly dangerous situations.
Enforcement Rights and Options
Beyond restraining orders, employers have several enforcement rights and options to address workplace violence issues:
Trespass Enforcement
Employers have the right to:
- Control access to private property
- Deny entry to individuals who pose a threat
- Request police assistance to remove trespassers
- Post clear notices about access restrictions
Employment Actions
Employers may take appropriate action against employees who:
- Engage in violent behavior
- Make credible threats
- Violate workplace violence policies
- Create unsafe work environments
Actions must comply with employment laws and established policies.
Security Measures
Employers have the right to implement:
- Access control systems
- Security screenings
- Surveillance systems
- Security personnel
- Emergency response protocols
Threat Assessment Teams
Employers can establish teams to:
- Evaluate potential threats
- Develop response strategies
- Coordinate with law enforcement
- Implement protective measures
- Monitor ongoing situations
Balancing Rights and Privacy Considerations
While exercising legal rights to address workplace violence, employers must balance safety concerns with privacy considerations and other legal obligations:
Legal Considerations
- Privacy Laws: Implement security measures while respecting employee and customer privacy rights.
- Anti-Discrimination Laws: Ensure consistent application of policies regardless of protected characteristics.
- Labor Relations: Navigate union contract requirements when implementing security measures.
- Due Process: Provide appropriate notice and opportunity to respond before taking adverse employment actions.
- Defamation Concerns: Maintain confidentiality and factual accuracy when discussing potential threats.
Best Practices
- Clear Policies: Establish transparent workplace violence policies that outline prohibited behavior.
- Consistent Enforcement: Apply policies uniformly to avoid claims of discrimination.
- Confidentiality: Maintain privacy of individuals involved in threat assessments or incidents.
- Documentation: Keep detailed records of incidents, responses, and reasoning for actions taken.
- Legal Consultation: Seek legal advice before implementing significant security measures or employment actions.
Case Study: Effective Use of Employer Rights
Situation: A retail company received threatening messages from a former employee who had been terminated for performance issues. The messages included vague threats about "making them pay" and "showing up when least expected."
Response Actions:
- Documented all threatening communications
- Reported threats to local police
- Filed for and obtained a temporary WVRO
- Implemented enhanced security measures, including visitor screening
- Provided photos of the former employee to security personnel
- Conducted training with staff on emergency procedures
- Established a communication protocol for sightings of the individual
Outcome: The former employee violated the temporary restraining order by appearing at the workplace. Police were called, and the individual was arrested. The court subsequently issued a three-year restraining order. The company's proactive approach prevented a potentially violent incident and protected its employees.
Proactive Legal Strategies
Rather than merely reacting to incidents, employers should develop proactive legal strategies to prevent workplace violence:
Policy Development
Create comprehensive policies that:
- Define prohibited behaviors
- Establish clear reporting procedures
- Outline investigation processes
- Describe potential consequences
- Include anti-retaliation provisions
Risk Assessment
Conduct regular evaluations to:
- Identify potential vulnerabilities
- Assess physical security needs
- Review past incidents for patterns
- Document findings and recommendations
- Implement targeted improvements
Pre-Employment Screening
Implement legally compliant screening:
- Background checks
- Reference verification
- Consistent hiring criteria
- Documentation of screening process
- Periodic review of screening procedures
Vendor/Contractor Management
Extend safety practices to third parties:
- Contractual safety requirements
- Verification of background checks
- Communication of workplace policies
- Access control procedures
- Incident reporting requirements
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Legal Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Every situation is unique and may require specific legal guidance. Employers should consult with qualified legal counsel regarding their specific circumstances and legal options.