by Maggie Head Meehan
From Texas Technology, June 2001.
Workplace violence isn’t limited to post offices across suburbia, and the high tech world has had its share of tragedy. For example, in December 2000, seven people were killed at a software company in a quiet Boston suburb. In November 1999, a gunman who worked for Xerox’s technical services division killed seven men.
These events are, in a word, horrific. In addition, tech companies must be concerned with the destruction of a company’s most prized possession - information. In minutes, a worker bee with an attitude can seek and destroy intellectual property that may have taken the company years to develop.
What can employers do to protect their workers and businesses from harm? How do they protect their intellectual property? And what are the financial consequences if they don’t?
Norman D. Bates, J.D., and Jon D. Groussman, J.D., of Liability Consultants Inc., located in Boston and Tucson, are more than familiar with the problem. Both are expert witnesses retained in security liability cases, and Bates recently contributed to an A&E Investigative Reports show on the subject. Both he and Groussman frequently provide seminars on the issue. "The problem of workplace violence isn't new." Bates said. "What is new is the level of awareness in the general population, and because of this, there are legal developments and potential liability risks for employers. To understand the legal risks, you have to understand the different types of workplace violence that exist, and some factors that might indicate a potential threat. Once you identify those factors, you can also help protect your employees from harm."
The four basic categories are: disgruntled employees, crimes by unknown assailants, displaced domestic violence, and sexual harassment.
The Disgruntled Employee
A disgruntled employee often either feels wrongly treated by management or co-workers or has, in fact, got a legitimate beef. In the case of Edgewater Technology in Wakefield, Mass., an employee in financial trouble went over the edge when the company began garnishing his wages for $5,000 in back taxes. Just days before Christmas, he showed up at work with an arsenal of weapons and, starting with the staff in human resources, he began methodically shooting. Seven people lost their lives in the rampage, including a young mother of a weeks-old infant who had just returned from maternity leave.
What can a business do? Watch for clues, experts say. Bates said that research by the Workplace Violence Institute, in an analysis of over 200 cases, showed that in each violent incident, the aggressor exhibited multiple "indicators" prior to the act. These markers include:
If management recognizes these signals and takes steps to address potential behavior problems before they escalate, it’s likely that violence will be averted. And even if violence does erupt, the employer will be able to prove in court that appropriate steps were taken to provide adequate security and protection to other employees in the workplace.
But what about tech theft or vandalism?
"In the case of high tech companies, the theft of intellectual property may not be a violent act, but it can be incredibly destructive," explained Groussman. "It can harm the company by slowing down technological advances, or even eliminate it by stealing trade secrets for the competition."
Minimizing the risk means both recognizing the problems and doing something about it. Security and legal experts recommend the following steps:
Pre-employment Screening
Written Policies and Procedures (P&Ps) should be in place, and screening practices followed closely, so that potentially violent or dishonest people aren’t hired in the first place. Screening can be done through personal and employee references about an applicant’s personality and propensity for violence. (A professional employment screening company can be contracted to do this if the company is large.)
Criminal record checks are appropriate in some cases, depending on the access the employee will have to the company’s sensitive information. "The problem is, in the tight labor market that high tech has seen in recent years, companies often feel they don’t have the time to wait the week or so that it takes to get results on a screening," Groussman said. "They feel they must take the risk to hire someone today. But they should always take the time to verify education, and for a software developer it’s important to have reference checks to find out if problems existed with former employers. If employees will have access to breakthrough technology, the company should contract a screening company to do credit and criminal checks."
Progressive Disciplinary Process
A written policy should be in place regarding employee discipline—and the actions to be taken—when harassment, inappropriate behavior, or violence occurs. It’s important that each instance of discipline be carefully documented and placed in the employee’s file and as well as be distributed to the appropriate supervisor.
Performance Evaluations
These should be conducted on a regularly-scheduled basis, and when negative evaluations occur, they should list in writing steps taken to rectify problems, with follow-up reviews scheduled. P&Ps should clearly state that employees are required to sign documentation acknowledging negative evaluations, and managers need to make sure the procedures are followed.
Employee Assistance Programs
P&Ps should outline actions to be taken if drug or alcohol abuse become evident, such as counseling, probation periods, etc. Counseling referrals for marital problems, gambling addiction, or other issues should also be available, and in intensely competitive industries, it’s smart to have stress reduction training seminars available. Training and counseling programs are generally recognized as among the best ways to prevent violence.
Perception Issues
Make sure those P&Ps are designed to prevent employees from feeling they are being treated unfairly Creating an environment that encourages teamwork and supportiveness among co-workers is obviously the best prevention.
Crimes by Unknown Assailants
Employers have a legal duty to provide a safe workplace. Every crime, from robbery, rape, abductions, assault, and murder, occur at all types of businesses, or in their parking lots, and employers are being held liable in civil court. Certain businesses have a higher propensity of danger for employees, like convenience stores that are open 24-hours-a-day, but some young high tech companies often have round-the-clock hours for their creative team, which often leaves just one or two workers on site late at night in isolated parts of town. Employers need to take note of industry standards regarding adequate security, utilizing security video cameras; adequate lighting, and guards or patrols, and they must do whatever it takes to provide acceptable levels of security for the situation.
Displaced Domestic Violence
Domestic violence is the leading cause of injury to women between the ages of 15 and 44, according to the National Coalition Against Domestic Violence. Of those battered women who are employed, 74 percent of them are harassed while at work, either via telephone or in person.
The safety of the battered woman isn’t the only issue when domestic violence spills over into the workplace, as abusers often kill or injure those who try to protect the victim. If an employer becomes aware of a worker who’s having trouble with a spouse, counseling or support should be available to the employee. Again, make this part of written P&Ps. "As far as misplaced domestic violence incidents, the differences for high tech companies are within the fabric of the companies themselves," Groussman said. "They often have campus-style environments that are styled to promote creativity. They do not have, and they often resist, the types of security that more traditional corporate structures have, such as access control or employee badges. Their main objective is growth, so they don't focus on security. But by putting less focus on securing their environment, they are leaving themselves open to risk."
Sexual Harassment
Sexual harassment may involve two or more co-workers, or superiors and subordinates. The identity of the perpetrator plays a role in the employer’s liability because if the harassment reaches levels of sexual assault or rape, the liability claim can focus on negligent hiring, supervision, training, or retention of the offender. It's imperative for an employer to take the steps to screen potential employees, to train and supervise employees adequately, and to maintain a P&P system that addresses complaints and problems before they escalate. "The best protection, for the company and the employees, is thorough screening," Groussman said. "Unless you're very small, it's best to outsource this job to a company that does employment screening, because it is just too time-consuming to do yourself. You can find these companies in human resource trade magazines, online, or in the Yellow Pages. Get references for the screening company too. You want to see how they disseminate their report. Is it accessed online, for example? And most important, are they in compliance with the Fair Credit Reporting Act? This ensures that all the information is legally obtained and can be used in the hiring process. It's also important that you clearly designate those within your company who will be the contact, so that sensitive information is accessed only by those who need to know."
Another problem for the technology industry is that the companies often use a lot of temp help. "You want to be sure the temp agency meets the minimum, or exceeds, your own screening standards," Groussman said.
Finally, how do you know when you’re ready for more security?
"I get asked that a lot," Groussman said. "It’s when you grow to the point that you don't know and instantly recognize every face on the floor. When you see someone and say, ‘Hey, who is that guy?’ then it’s time for access control and I.D. badges."
Workplace violence is costly, but in most, cases it’s preventable. By following these guidelines, companies can help protect their people, their product, and the bottom line.
Maggie Head Meehan (MagMeehan@aol.com) in a free-lance writer and columnist living in Southborough, Mass. She writes on a wide range of topics, including business, retail, security, teaching, and parenting.
For more information on preventing workplace
violence, contact Liability Consultants Inc.
(www.liabilityconsultants.com) at 888-872-5222.