Harassment Restraining Orders: A Tool for Employers To Prevent Workplace Violence
By: NORAH E. OLSON BLUVSHTEIN & ELLEN C. MEYER
January 2008
According to the U.S. Department of Labor’s Bureau of Labor Statistics, 516 workplace homicides occurred in 2006. That number has remained fairly constant in recent years, with 567 homicides in 2005, 551 in 2004, and so on. In fact, according to the U.S. Department of Justice’s Bureau of Justice Statistics, approximately 18 percent of all violent crime takes place in the workplace. These statistics are no surprise, since workplace violence has become a regular feature of our daily news. Given these disturbing trends, the unthinkable has become reality, and workplace managers are increasingly looking for tools to address threatening behavior by or against employees before it can escalate to violence.
One tool available to employers under Minnesota law is a harassment restraining order. To obtain such an order, the situation must meet certain criteria.
Harassment by Definition
We are most accustomed to hearing about restraining orders in cases of domestic or spousal abuse. However, the law does not restrict the availability of restraining orders to the domestic realm. Such orders can be issued in virtually any context—including the workplace—so long as the party seeking the restraining order can show that harassment has occurred as defined by the statute.
Under Minnesota’s restraining order statute, Minn. Stat. § 609.748, harassment is defined this way:
a single incident of physical or sexual assault
or
repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target.
These are the key elements to note under this definition:
- Acts, words, and gestures are enough to secure a restraining order, so long as they legitimately cause the target to feel threatened.
- However, except in the case of an actual assault, the law requires the petitioner seeking a restraining order to show repeated—that is, two or more—episodes of threatening acts, words, or gestures.
- An order may be obtained no matter what relationship exists between the actor and target.
- Individuals or companies may seek restraining orders.
The Harassment Restraining Order
Once secured, a harassment restraining order prohibits the harasser from contacting the victim, further harassing the victim, or going to the victim’s home or place of work. Additionally, a copy of the order is kept on file with the appropriate police department(s) so the police can enforce it without bureaucratic delay.
A harassment restraining order also includes punitive provisions intended to prevent and deter contact between the harasser and victim. Specifically, a violation is a misdemeanor punishable by up to ninety days in jail, a $1,000 fine, or both. Repeat violations may constitute a gross misdemeanor or a felony.
The order is, however, no guarantee of safety. Therefore, it is critical to call the police regarding even potential violations and to keep a copy of the restraining order on hand, in case the police cannot access a copy when it is needed.
Obtaining an Order
When an employee becomes the target of threats at work—either by another employee or an outside party—an employer should immediately take several initial steps: calling the police, alerting or hiring security, removing and/or barring the harasser from the premises, and documenting the situation.
We also recommend contacting legal counsel to determine whether a court is likely to grant a harassment restraining order on the facts at hand, either on behalf of the employee, the company, or both. Obtaining a harassment restraining order involves two main steps. First, your attorney will file an emergency petition in court—without notifying the alleged harasser—requesting that the order be entered. Second, if the petition is successful and the order is granted, the harasser will be served with the restraining order and the court will schedule a hearing with all parties to revisit the evidence and to determine whether the restraining order will remain in place and, if so, for how long.
Takeaway
A harassment restraining order is one concrete step managers can take to protect the company and its employees against workplace violence. In the appropriate circumstances, it can go a long way in preventing threats from progressing into violence.
The attorneys in Fredrikson & Byron’s Employment and Labor Law Group can represent your company and employees in this process.