Anon:
Rather than just give you some case citations with a bunch of legalese, (that may or may not make sense to you), I figured giving you some authoritative articles, investigation services, monographs, and reports from 3rd parties would help you understand this evolving field. There are also a number of books that have been written on the subject, especially in the HR and Business Management field that you can pick up from Amazon. For a good introduction, that is not in legalese, try Nolo Press. One of the citations below is from the author that wrote their book for California.
A couple of investigation services:
http://www.diversifiedriskmanagement.com/investigations/workplace-violence.html
http://www.merrills-investigations.com/Workplace-Violence-Investigations.html
An overview on the subject and related issues out of UC Berkeley School of Business Management
http://are.berkeley.edu/APMP/pubs/lmd/html/summer_94/previol.html
A leading expert in the field, and her book:
http://workplaceviolencenews.com/books/books-2008/the-essential-guide-to-workplace-investigations-how-to-handle-employee-complaints-problems/
Cal OSHA Guidelines
http://www.dir.ca.gov/dosh/dosh_publications/worksecurity.html
Article giving overview of Federal Case Law
http://www.workviolence.com/articles/corporate_liability.htm
FBI National Study of Workplace Violence
http://www.fbi.gov/publications/violence.pdf
Article on recent developments for Employer Liability for Workplace Violence
http://www.liabilityconsultants.com/article.htm
California Specific Article on Employer Duties to prevent workplace violence
http://www.mediate.com/articles/larsen.cfm
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Interesting stuff, and you obviously know of what you speak. Sadly, you are shouting in to the wind. Do you really think the Barry's and the anonymous poster you are responding to will hear a well reasoned, counter-argument?
ReplyDeleteThis whole thing is so pathetic. I'm really soured on CF...
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