Attorney Publication

Apr 23, 2010

Mark Lies and Daniel Klein Published in Insights Magazine
"Preventing Workplace Violence: A 'Catch 22' for Employers"

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Mark Lies and Daniel Klein 's article, "Preventing Workplace Violence: A 'Catch 22' for Employers," was published in the Spring 2010 edition of Insights Magazine. Their article discusses how emotional pressures of everyday life have impacted employees at home and in the workplace leading to a distressing and tragic trend where employees are unable to control their emotions at work. The authors note that a consequence of this trend is that violence often erupts toward managers, coworkers, customers or third parties. Mark and Dan note that employers are obligated under both state and federal law to prevent workplace violence and the underlying behavior that may generate it. However, when employers attempt to aggressively enforce a workplace violence policy, they are frequently confronted by federal and state laws that protect employees against discrimination involving mental or emotional conditions that may constitute legally protected disabilities under the Americans with Disabilities Act and similar state laws.

Mark and Dan recommend that supervisors become more sophisticated in observing, identifying and understanding the signs and symptoms that overwhelm an employee's ability to cope in a rational manner. They also recommend that employers develop an effective written workplace violence prevention policy and communicate it to all employees to maximize their defense against potential claims.