California Court of Appeal Holds that Courts Must Consider "All Relevant Evidence," Including Hearsay, in Deciding Whether to Issue Injunctions to Prevent Workplace Violence
By Travis Anderson and Gregg A. Fisch
On December 5, 2011, in Kaiser Foundation Hospitals v. Wilson 2011 Cal. App. LEXIS 1511 (Dec. 5, 2011), the Court of Appeal for the Fourth District, Division One, ruled that the trial court properly considered “all relevant evidence,” including generally inadmissible hearsay evidence, in deciding to issue a workplace violence injunction. As a result, employers likely will have an easier time obtaining injunctions against potential workplace violence situations in the future.
EMPLOYERS BEWARE - VIOLENCE AT WORK IS EVERYONE'S PROBLEM
In Franklin v. The Monadnock Company, the Plaintiff sued for wrongful termination in violation of public policy. Plaintiff's lawsuit was based on complaints to the Company's Human Resources Department that a fellow co-worker was threatening to have him and three others co?workers killed. The Company failed to take action. A week after Plaintiff's complaints, Plaintiff's co?worker attempted to stab Plaintiff with a metal screw driver and another unidentified weapon. Plaintiff again complained to the Company and also to the police department. Plaintiff was terminated shortly after his complaints.
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