Can you sue for Workplace Violence​?

Your physical and mental health are critical to your overall well-being. When either of these is compromised, whether through physical harm or emotional distress, it can lead to long-term consequences such as trauma, anxiety, or depression. 

Unfortunately, workplace violence, acts that threaten or harm your physical or mental health in a professional setting, is a reality for many people. If you’ve experienced workplace violence, understanding your rights and the potential legal actions you can take is essential. Let’s explore the key aspects of this issue.

This blog is primarily written for employees who have experienced workplace violence, but it also serves as valuable guidance for HR executives and employers. It highlights what should not be done when handling such situations and provides insights into how to address workplace violence more effectively. 

By managing these incidents properly, employers can avoid unnecessary lawsuits that could harm the company’s reputation and impact the well-being of employees, especially those in top management. 

Ultimately, these missteps can also affect the business’s overall performance. To assist HR departments in performing their duties correctly, we offer informative webinars that not only help HR professionals improve their approach to such sensitive matters but also provide an opportunity to earn SHRM and HRCI credits for attending.

What is Workplace Violence?

Workplace violence refers to any act or threat of violence that negatively impacts an individual’s physical or mental well-being in the workplace. This includes:

• Physical Assault: Hitting, shoving, or other forms of physical harm.
• Verbal Abuse: Shouting, belittling, or issuing threats.
• Harassment: Repeated, unwanted behavior such as intimidation or stalking.
• Threats: Statements or actions implying harm.

Recognizing the type of violence you’ve encountered is crucial in determining the next steps.

Common Causes of Workplace Violence

Understanding the potential causes of workplace violence can help address the issue and prevent further incidents. Some common triggers include:

• Behavioral Issues: Inappropriate behaviors such as offensive remarks, provoking others, or aggressive tendencies can escalate tensions.
• Stress or Frustration: High-pressure environments or unresolved conflicts may contribute to violent outbursts.
• Substance Abuse: Alcohol or drug use can impair judgment and lead to aggression.
• Cultural Misunderstandings: Miscommunications or differing expectations on acceptable behavior may trigger conflicts.

While these factors don’t justify violence, they provide context for resolving issues and preventing future occurrences.

Questions to Ask Before Taking Legal Action

If you’re considering suing for workplace violence, here are some important questions to think about:

1. What Type of Violence Occurred? Was the incident physical, verbal, emotional, or a combination? Identifying the nature of the violence will help you build a strong case.
2. Does It Qualify as Workplace Violence? Legal definitions and workplace policies vary. It’s important to assess whether the behavior meets the criteria for violence or harassment.
3. Who Was Involved? The relationship between you and the offender, whether they are a coworker, supervisor, or client, can affect the legal approach and your employer’s responsibilities.
4. How Did You Respond? Did you report the incident to your employer or HR? Your response can influence the strength of your case. Not reporting the incident may weaken claims of employer negligence.
5. What Was the Impact? Consider the harm caused by the incident. Has it affected your physical or mental health, or your ability to work? Documenting this impact is essential for legal proceedings.
6. Do You Have Evidence? Evidence is crucial for building a strong case. This could include:
   • Emails or messages documenting the incident.
   • Witness statements.
   • Medical records showing physical or mental health effects.
   • CCTV footage or other visual proof.

Can You Sue for Workplace Violence?

The short answer is yes, but the success of your case depends on several factors:

1. Violation of Laws: If the incident violates labor laws, anti-harassment regulations, or workplace safety standards, you may have grounds for a lawsuit.
2. Employer Responsibility: Employers are legally obligated to provide a safe work environment. If they failed to address your complaints or didn’t take steps to prevent violence, they may be held liable.

Before taking legal action, it’s important to report the issue to your employer or HR. If they fail to address the problem or take corrective measures, you may have a stronger case. However, pursuing legal action without allowing management the opportunity to resolve the situation could weaken your position.

Legal action could target the individual responsible for the violence, your employer, or both, depending on the circumstances. Consulting with a legal professional is highly recommended to assess your situation and determine the best course of action. Possible options include:

• Filing a lawsuit.
• Seeking mediation or settlement.
• Reporting the incident to labor authorities.

Protecting Yourself and Seeking Justice

If you’re facing workplace violence, here are some steps you can take to protect yourself and seek justice:

1. Document Everything: Keep a detailed record of incidents, including dates, times, and descriptions. Save all relevant emails, text messages, and other communications.
2. Report the Incident: Notify your employer or HR department immediately. Follow up with written documentation to create a paper trail.
3. Escalate the Matter: If HR or management fails to take appropriate action, consider escalating the issue within your organization before resorting to legal action.
4. Seek Support: Reach out to a trusted colleague, counselor, or legal advisor for guidance and emotional support.
5. Know Your Rights: Familiarize yourself with labor laws and workplace policies in your jurisdiction to understand your legal protections.
6. Take Legal Action If Necessary: If internal measures fail, consult with an attorney to explore your legal options.

If you want to learn more about HR-related topics, improve your workplace, and better manage your human resources, then check out our HR webinar page. There, you’ll find hundreds of webinars led by industry experts with years of experience in HR. These sessions not only help you learn new concepts and expand your current knowledge but also provide SHRM and HRCI credits, which can boost your career as an HR professional.

Conclusion

An employee can sue a company or employer for a variety of reasons, including issues related to workplace violence. 

Workplace violence is a serious issue that can have lasting effects on your mental and physical health. While the prospect of taking legal action may seem overwhelming, it’s an important step in protecting your well-being and holding perpetrators accountable. 

By understanding your rights, documenting incidents, and seeking professional advice, you can take meaningful action to safeguard yourself and prevent further harm.

Remember, a safe and respectful work environment is not just a right, it’s essential for your quality of life. If you’re facing workplace violence, don’t hesitate to take action and seek the justice you deserve.