Can an employer seek an injunction to prevent violence or threatened violence against its employees?

California, United States of America


The following excerpt is from Communities v. McInerney, H044941 (Cal. App. 2019):

"Section 527.8, the Workplace Violence Safety Act, enables an employer to seek an injunction to prevent violence or threatened violence against its employees." (City of San Jose v. Garbett (2010) 190 Cal.App.4th 526, 536.) In relevant part, section 527.8, subdivision (a) provides that "[a]ny employer, whose employee has suffered 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, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer." Section 527.8, subdivision (j) provides that "[i]f the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence."

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