SECR 5010 Assignment Week 5B
Week # 5
CECR 5010 – Workplace Violence
February 9, 2015
SITUATION:
Fred is your employee. He has been diagnosed with a mental disorder which manifests itself in anger and aggression towards other persons. You didn't know of Fred's condition at the time of his employment since you were precluded from asking questions about mental health as part of the hiring process. Part of Fred's job requires his daily interaction with the public and with co-workers. Since Fred's employment, you have learned of his diagnosis after he volunteered the information. He also volunteered that as long as he takes his prescribed medication, he is fine. He tells you the name of the drug. You check and verify that Fred (1) has a diagnosed condition that is real (2) that is treated by use of the medication he disclosed (3) and that most persons are not prone to violence as long as they consistently take their pill. Explain the potential liability to Fred if you terminate him because of your fears he might snap. Explain the potential liability to co-workers and the public if you don't. I've attached a white paper below which you might find helpful - or at least will give you some perspective on workplace violence.
ANSWER:
When managing a company it has to be understood and made clear by management to the owner that you will absorb risks. The more employees you have increases the likelihood of liability issues within the organization. Just about any mishaps or errors resulting in injury while in the workplace can leave management open for civil liability. Some courts have been known to hold the employers liable for injuries that their personnel sustained from other employees. It does not stop there however; liability can also include injuries sustained from customers also.
In many ways an employer may feel that he/she is not responsible for the actions of their employees but in most cases based on the law that is not an accurate belief. There are also laws that
CECR 5010 – Workplace Violence
February 9, 2015
SITUATION:
Fred is your employee. He has been diagnosed with a mental disorder which manifests itself in anger and aggression towards other persons. You didn't know of Fred's condition at the time of his employment since you were precluded from asking questions about mental health as part of the hiring process. Part of Fred's job requires his daily interaction with the public and with co-workers. Since Fred's employment, you have learned of his diagnosis after he volunteered the information. He also volunteered that as long as he takes his prescribed medication, he is fine. He tells you the name of the drug. You check and verify that Fred (1) has a diagnosed condition that is real (2) that is treated by use of the medication he disclosed (3) and that most persons are not prone to violence as long as they consistently take their pill. Explain the potential liability to Fred if you terminate him because of your fears he might snap. Explain the potential liability to co-workers and the public if you don't. I've attached a white paper below which you might find helpful - or at least will give you some perspective on workplace violence.
ANSWER:
When managing a company it has to be understood and made clear by management to the owner that you will absorb risks. The more employees you have increases the likelihood of liability issues within the organization. Just about any mishaps or errors resulting in injury while in the workplace can leave management open for civil liability. Some courts have been known to hold the employers liable for injuries that their personnel sustained from other employees. It does not stop there however; liability can also include injuries sustained from customers also.
In many ways an employer may feel that he/she is not responsible for the actions of their employees but in most cases based on the law that is not an accurate belief. There are also laws that