Identifying, Assessing and Responding to Threats in the Workplace – A Primer

By Sheri McWhorter

Workplace violence. A shooting at the Publix store in Tarpon Springs. The victim, a male co-worker.  The shooter, a female co-worker. The victim allegedly told the female co-worker he planned to report her for violating a company policy.  The shooter allegedly responded, “If you do, I will kill you.”  Two weeks before the shooting, the alleged shooter was seen crossing the victim’s name off the work schedule.  When other co-workers asked the shooter why she had crossed his name off the list, the shooter replied, “Because I killed him. I shot him.”  The day before the shooting, the shooter’s employment was terminated.  The next day, she came back to the store with a 9 mm handgun, found the male co-worker in the parking lot sitting in his car, and shot him dead.  She turned and entered the store, intent on additional victims.  Fortunately, a police officer took her down before anyone else was harmed.  Naturally, the “talking heads” are out in force, criticizing and questioning what more Publix, as the employer, could or should have done to prevent the harm.

Many times, as was the case in the Publix incident, an event of workplace violence is preceded by a threat of some kind. The threat may be explicit or veiled, spoken or unspoken, specific or vague, but a threat nonetheless. Effectively dealing with threats may be the single most important factor in preventing violence in the workplace. 
Employers and employees alike must be trained to recognize problematic behavior and/or situations that may constitute threats and heighten the risk of workplace violence. Training can help employees detect out-of-bounds behavior or other warning signs, and help educate them as to how to respond to someone who seems potentially dangerous.

Workplace violence prevention programs and threat assessment plans are worthless unless threats are reported. To encourage reporting, companies must create a climate where all employees feel free to report disturbing incidents or possible danger signs.  Companies should establish – and publicize – the mechanism by which employees may report violence or threats.  Companies may wish to consider designating certain persons to receive the reports, and perhaps a hotline number or suggestion box for employees who prefer to remain anonymous. Whatever the system, publicizing it will help ensure its success.

Where a threat is immediate and specific, (“I’ve got a gun in my car and I’m going to blow her away the second she walks out the door”), the obvious response is to call the police. A veiled threat may warrant less urgent measures such as referral to the EAP program.  Fortunately, most threats turn out to be harmless blowing off steam and require no more than a formal warning that the behavior was inappropriate and in violation of company policy.

Some of the risk factors associated with potential workplace violence include personality conflicts; a mishandled termination or other disciplinary action; drug or alcohol use on the job; or a grudge over a real or imagined grievance.  An employee’s personal circumstances such as a divorce; financial or legal problems; or emotional disturbance, may also be potential risk factors.  Other problematic behavior and trouble signs can include increasingly belligerent behavior; ominous, specific threats (think Publix); hypersensitivity to criticism; apparent obsession with a supervisor or co-workers, or with a particular grievance; and/or angry outbursts.  There is no litmus test available to determine whether a particular employee may become violent, and no single behavior in and of itself suggests a greater potential for violence.  Rather, employers and employees must work together to recognize and react to problematic workplace behavior that, in combination, could indicate a potential for violence.
Sometimes a threat assessment should be completed before disciplinary action is taken against the offending employee. Although management’s gut reaction after a threat or other incident may be to terminate the employee on-the-spot, while certainly understandable (and probably warranted), doing so in the heat of the moment without any time for evaluation or preparation may be the wrong course of action, and may give rise to a violent act rather than preventing one.

As part of a workplace violence prevention program, each company must develop its own procedures and expertise for threat assessment and response, depending upon the resources available. Large companies may find the necessary expertise in their corporate security, human resources, legal, and employee benefits departments. Smaller organizations may need to seek outside help from law enforcement, mental health and social service agencies, insurance providers, and other professionals.

About the Author
Sheri D. McWhorter, JD, SPHR is an AV-rated Florida Bar Certified Specialist in Labor & Employment Law, and the President and Managing Shareholder of WorkplaceLegalSolutionsSM, Law Offices of Sheri D. McWhorter, P.A.  With offices in St. Petersburg and Tampa, WorkplaceLegalSolutions provides client focused employee relations counseling and proactive employment law solutions to businesses and non-profits throughout Florida and the greater Tampa Bay area.  For assistance, please call (866) 829-1883 or email smcwhorter@workplacelegalsolutions.com.