'Bring Your Gun to Work' Movement Builds
It's every employer's nightmare. Edgar Tillery was told by his supervisor at the Indiana Workforce Development Dept. that his performance as an auditor was subpar, and that he should shape up or consider resigning. His response? He went outside to his parked car, grabbed a gun, and came back firing. Luckily the weapon jammed, and no one was hurt. Tillery is now serving a 15-year prison sentence. Business groups seized on the incident as an example of why companies should have the right to forbid employees from having firearms stowed in their vehicles while at work. Barely two weeks after the shooting, however, Governor Mitch Daniels (R-Ind.) signed into law a measure that does the opposite—bans employers from telling workers that they can't have guns in their cars.
Indiana is now one of 13 states that grant such rights to employees. The trend is alarming to companies and business groups with policies designed to ensure safe workplaces and increase employers' potential liability.
To read more click here Anger Management
A recent study of 194 people who had witnessed a display of "deviant" anger at work shows that managers can better resolve workplace issues if they listen to outraged employees instead of just punishing them for angry outbursts. But first, experts say, HR professionals need to train their managers to discern what's acceptable angry behavior, and how best to handle the underlying causes -- which may or may not be work-related.
Often, firing an irate employee does not solve underlying workplace problems, according to "The Trouble with Sanctions: Organizational Responses to Deviant Anger Displays at Work," published in the Feb edition of the Human Relations journal.Th
e study also concluded that even a single act of support by a manager or co-worker for the angered employee can ease workplace tension. "We found that supportive responses by management and co-workers promoted substantial change at work, while sanctioning or doing nothing did not." "It's not always about keeping shareholders happy and driving employees constantly to improve performance," he says. "One of the challenges for HR is to look after the human resources and challenge the C-suite to consider sustainability of performance by supporting appropriate 'nutrition'."
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Negligent Hiring In An Assault Case - continued
On May 9, 2006, Kase was sitting in a parked truck at a Pilot truck stop near Duncan, South Carolina. He felt another vehicle bump the rear of his vehicle and exited to investigate. A physical altercation ensued between Kase and Michael Ebert, the driver of the other vehicle.
Kase filed suit against Ebert and the trucking company, alleging assault and battery against Ebert, as well as negligence and gross negligence against both Ebert and the motor carrier.
The Circuit Court granted summary judgment in favor of the trucking company, holding that Ebert was acting outside the course and scope of his employment when he assaulted Kase, thus the trucking company was not vicariously liable for his actions.
The Judge also held that Kase could not satisfy the necessary elements to proceed on his claims for negligent hiring/retention/supervision or negligent entrustment.
To read more click here DECISIONPOINT
This column is designed to help sharpen your judgment in providing valuable advice regarding how to handle incidents of aggression.
If a workplace violence issue arises about an employee after she has made a sexual harassment claim should the employer terminate the employee?
The Situation A Plaintiff sued her employer for violating the collective bargaining agreement between the employer and the Auto Workers’ Union. She also sued her Union and Union officials for breaching their duty of fair representation. Finally, the employee also alleged she was discharged in retaliation for filing a sexual harassment claim against her supervisor.
The Plaintiff had filed an internal complaint against her supervisor alleging that the supervisor had sexually harassed her on several occasions. Many of her coworkers believed that her complaints were without merit and began to ridicule her for making the complaints. Because of discord between the plaintiff and her coworkers, the Union worked outan agreement with the employer which permitted the plaintiff to take a medical
Make your decision and go to page 9 for court ruling. 2
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