Keeping employees safe is a priority for all California public agencies.  Unfortunately, workplace violence is real.  Data from the California Department of Industrial Relations reports that in 2021, 57 working people died from acts of workplace violence in California. The Department of Justice reports that in the United States, an average of 1.3 million nonfatal violent crimes in the workplace occurred annually from 2015 to 2019, and strangers committed about half of nonfatal workplace violence.  The good news is that California law provides employers with the ability to petition for a Workplace Violence Restraining Order to protect their employees in the workplace.  Read on to learn more! 

Who can request a Workplace Violence Restraining Order (“WVRO”)?

Any employer in California.

What are the grounds for getting a Workplace Violence Restraining Order?

California Code of Civil Procedure section 527.8 allows an employer to request a restraining order to protect an employee “who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace.”

Who can we protect employees from?

Anyone that is causing or threatening harm to employees.  It can be another employee, a former employee, or a non-employee.  It could be a current or former friend or family member of an employee.  Alternatively, it may be a member of the public with whom the employee does not have a close relationship.

What kinds of behavior warrant protection for employees?

The statute allows employers to obtain a WVRO to protect employees from unlawful violence, harassment, and credible threats of violence.  Unlawful violence would include any physical violence in the workplace.  The statute defines “credible threat of violence” as “a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.” 

Similarly, the statute defines “harassment” as “a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.”  In addition, harassing conduct “must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.”

The statute also provides the following examples of a “course of conduct”: “following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.”  LCW has also obtained WVROs in response to someone sending threatening and offensive text messages, voicemails, and emails.

Does the employer need to identify the employees it is protecting?

Yes, when the employer petitions the Court for the WVRO, it will identify all employees for which is seeks protection.  The employer will need to explain to the Court and present evidence why those employees will need protection. Initially, the employer does so by papers presented to the Court and providing written declarations from employees explaining their concerns for their safety.  Later in the WVRO process, the employees seeking protection may need to testify live to explain to the Court why they are seeking protection.   

Is there a limit on how many employees a WVRO can protect?

No, all employees that have experienced or been threatened with violence may be protected under the WVRO.  In addition, if family members of employees are threatened or harassed, they can also be included and protected in the WVRO.

Can an employee get a WVRO on their own?

No, an individual employee cannot get a WVRO on their own. The employee can get other types of restraining orders on their own against the same person (e.g., Civil Harassment Restraining Order).

How does an employer obtain a WVRO?

The first step in obtaining a WVRO is to get a Temporary Restraining Order.  This court order will prohibit the Respondent (person against whom the employer is seeking protection) from coming within a certain distance of the protected employees and order the Respondent to stay away from the employees’ places of work and other places, such as the employees’ homes or cars, based on the facts and circumstances of the threatening behavior.

In order to get a Temporary Restraining Order, the employer must show by reasonable proof there is unlawful violence or a credible threat of violence, and that irreparable harm could result if the order was not granted.  This is accomplished by submitting declarations from the employees involved describing what happened and why they are fearful. 

Generally, if granted, the Temporary Restraining Order will be in effect for 21 days, and the Court will schedule a hearing for the permanent WVRO.  During this time, the Respondent has to be personally served with the Temporary Restraining Order and be provided notice of the Court hearing. 

The second step is the Court hearing for the permanent WVRO.  The Respondent may appear at the hearing, and the employees may need to testify to explain why they are seeking protection.  The Court may issue a WVRO for up the three years “[i]f the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence.” This WVRO would restrict the Respondent from approaching the protected persons or coming to the worksite.

Does an employer have to act quickly in seeking a WVRO?

Generally yes. Once there is actual violence, a credible threat of violence, or harassment, an employer should act swiftly to help obtain a WVRO to protect employees at the workplace.  Violence can escalate quickly.  In addition, by acting quickly, the employer shows the court it takes the threats seriously and protection is essential.

Getting a WVRO sounds important and helpful, but also overwhelming. 

Yes, but trusted legal counsel can help, and handle every step of the process including preparing employees to testify in court if necessary.