A local retailer’s call:
“The Walmart murders struck close to home for our employees, in part because the gunman was a supervisor. Several employees quit in the days after the shooting, and we’ve heard rumors that more employees plan to quit.
“We can’t afford this, as we’re heading into our busiest time of the year.
“We thought we’d call an all-hands meeting and assure our employees that our protocols will keep them safe.”
You absolutely need to keep your employees safe, or at least do everything humanly possible to keep them safe.
You also need to be careful what “safe workplace” assurances you or your managers give—and you need to back your assurance with real measures and action.
After a theft and kidnapping occurred in the Owner-Operator Independent Drivers Association’s parking lot, the OOIDA installed nine security cameras and created an ad hoc group of employees to provide security.
When employee Amie Wieland reported her domestic violence concerns to OOIDA’s HR director, the director assured her that the security team would watch out for Wieland’s ex-spouse and said Wieland could park in a visitor’s spot close to the receptionist.
According to Wieland, the HR director failed to follow-up, didn’t arrange for Wieland to park in a visitor’s spot, and didn’t inform the security team that Wieland needed an escort to her car.
Worse, while the OOIDA gave the impression its cameras were constantly monitored, they weren’t. Wieland’s ex-boyfriend chased her down and shot her in the head when she went to her car in the parking lot, leaving her in critical condition.
She sued OOIDA, and the jury decided that her employer took on the duty to protect Wieland and then didn’t. They awarded her $3.25 million.
You also need to know that workers’ compensation laws don’t limit negligence claims from non-employees. As a result, you as an employer may face negligence claims from a third-party victim of workplace gun-related violence. For example, the victim or victim’s family can sue the employer for negligent hiring, negligent supervision, or negligent retention if an employee with a known propensity for violence injures a customer, particularly if the employer “should have known” that the employee could harm others and had a gun at work.
The bottom line?—As an employer you need to do everything you can to protect your employees and customers. If you don’t, you and they suffer a huge risk. So, here’s the urgent question—how are you backing up your assurances?
Author’s note: In an earlier post, I wrote about this tragic case. The story is worth repeating.
© 2022 Lynne Curry
If you liked this post, you may find useful Monday’s post, “Guns in the Workplace: What You Need to Know” and Tuesday December 5th post, The Signs of Potential Disaster Were Present at Walmart— Are They at Your Workplace?https://bit.ly/3iJsro5 and Monday’s post, “Guns in the workplace,” https://bit.ly/3iAwumu.
(c) 2022 Lynne Curry
You said it, Lynne! “The bottom line?—As an employer you need to do everything you can to protect your employees and customers. If you don’t, you and they suffer a huge risk. So, here’s the urgent question—how are you backing up your assurances?”
And the employer can be sued, and juries are more sympathetic to the victims than to the employers. So actually do something and stick to it!