Workplace violence and harassment in the workplace is similarly defined as “civil harassment”; however, in this case, the harassment and violence takes place in the workplace and it is the employer (not the employee victim) that seeks a restraining order and other protection on behalf of the employee, and if necessary, on behalf of the employee’s family. Our lawyers at Brown & Charbonneau, LLP have worked successfully with employment harassment. Let our lawyers help you protect your employees. Call today to speak with a member of our legal team at 714-505-3000.
In order to obtain a workplace restraining order, the employer must show reasonable proof that the employee was assaulted, stalked or hit (battery) or that there is a credible threat of violence against the employee; that the violence or threat of violence can reasonability be carried out (or was carried out) at work; that the conduct was not allowed as part of a legitimate labor dispute; and the person accused of the violence is not engaged in a constitutionally protected activity. Upon a reasonable showing of these elements, the court will typically grant the requested restraining order. Additionally, the party harassing the employee can be ordered to pay fines and other monetary sanctions.