Most companies have certain zero-tolerance policies, most notably zero-tolerance workplace violence policies. What does this mean in practice, though? Some employers think, no matter the circumstances, any threat or confrontation by any employee under any circumstances should be terminable, no further thought or effort required. Does that make sense?
First, if some threat or violent conduct is alleged to have occurred, the employer should promptly and thoroughly investigate the matter to determine what, if anything, actually happened. As with any other type of allegation, people lie at times, for all kinds of reasons. Joe wants to get Sally fired for spurning him or giving him a bad evaluation, maybe he just likes causing trouble, who knows? The parties may need to be separated while the investigation is going on, the police may even need to be involved. Suppose an actual physical confrontation occurred. Questions like, who started it, was the other person acting in self-defense given the circumstances, was retreat or some other action possible, viable and more reasonable, what do the witnesses know, is there video of the incident, etc. Things to look at and consider.
Thus, zero tolerance requires more than "you're both fired, no matter the facts." As with all else in human endeavors, the facts are everything and there can be gray areas. Sometimes the situation is crystal clear, but often you get thrown a curveball in life and work. Use your brain, common sense and some elbow grease. Of course, also get legal advice because there's no playbook for every situation. http://www.employmentlawman.com/monday-morning-musings.html
First, if some threat or violent conduct is alleged to have occurred, the employer should promptly and thoroughly investigate the matter to determine what, if anything, actually happened. As with any other type of allegation, people lie at times, for all kinds of reasons. Joe wants to get Sally fired for spurning him or giving him a bad evaluation, maybe he just likes causing trouble, who knows? The parties may need to be separated while the investigation is going on, the police may even need to be involved. Suppose an actual physical confrontation occurred. Questions like, who started it, was the other person acting in self-defense given the circumstances, was retreat or some other action possible, viable and more reasonable, what do the witnesses know, is there video of the incident, etc. Things to look at and consider.
Thus, zero tolerance requires more than "you're both fired, no matter the facts." As with all else in human endeavors, the facts are everything and there can be gray areas. Sometimes the situation is crystal clear, but often you get thrown a curveball in life and work. Use your brain, common sense and some elbow grease. Of course, also get legal advice because there's no playbook for every situation. http://www.employmentlawman.com/monday-morning-musings.html
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