WEBVTT 00:00:43.876 --> 00:00:44.876 You know, 00:00:44.892 --> 00:00:47.930 I really hate it when one of my clients ends up making headlines 00:00:47.956 --> 00:00:49.236 for the wrong reasons. 00:00:49.418 --> 00:00:53.126 In this case, it's a lawsuit involving workplace violence. 00:00:53.244 --> 00:00:56.759 The client is a large hospital with a brilliant surgeon on staff. 00:00:56.925 --> 00:01:00.264 Unfortunately, this guy also has a long history of impulsiveness 00:01:00.290 --> 00:01:01.493 and temper tantrums. 00:01:01.779 --> 00:01:04.994 A few days ago, he got so upset with one of the staff 00:01:05.020 --> 00:01:06.556 that he threw something at her. 00:01:06.697 --> 00:01:09.228 He ended up hitting an innocent bystander in the head. 00:01:09.565 --> 00:01:13.361 Now, my client is being sued not only for the personal injury, 00:01:13.387 --> 00:01:16.025 but also for the negligent hiring and retention. 00:01:16.112 --> 00:01:19.532 And it's going to cost them a small fortune for something that could 00:01:19.558 --> 00:01:21.768 and should have been prevented in the first place. 00:01:24.955 --> 00:01:29.325 Like it or not, workplace violence is an issue you can't afford to ignore. 00:01:29.558 --> 00:01:33.411 Obviously, your top priority is making sure the workplace is safe. 00:01:33.514 --> 00:01:37.223 But there are also some legal liability issues that you need to be aware of. 00:01:37.623 --> 00:01:40.326 For example, as the result of workplace violence, 00:01:40.352 --> 00:01:42.367 organizations have been sued for negligence 00:01:42.393 --> 00:01:44.521 in the areas of hiring and retention, 00:01:44.547 --> 00:01:47.753 or constructive discharge due to a violent workplace; 00:01:47.993 --> 00:01:51.034 as well as failure to provide a safe working environment. 00:01:51.262 --> 00:01:54.050 But what does it mean when we talk about violence? 00:01:54.178 --> 00:01:56.877 Does it include anything that makes a person uncomfortable? 00:01:57.000 --> 00:02:00.222 Is it any rude, inappropriate, or unprofessional behavior? 00:02:00.326 --> 00:02:02.423 No! What we are talking about here is... 00:02:02.449 --> 00:02:03.667 Making threats 00:02:03.833 --> 00:02:05.120 Brandishing weapons 00:02:05.193 --> 00:02:06.214 Throwing things 00:02:06.270 --> 00:02:07.278 Punching someone 00:02:07.339 --> 00:02:09.277 and other Out-of-Control Behavior. 00:02:09.544 --> 00:02:11.387 Other kinds of unprofessional conduct 00:02:11.413 --> 00:02:14.292 might- or might not- be covered by the harassment law, 00:02:14.505 --> 00:02:16.551 but here we are focusing on behaviour 00:02:16.577 --> 00:02:19.344 that could result in physical or mental injury. 00:02:19.541 --> 00:02:22.235 There are a lot of things your organization can and should do 00:02:22.261 --> 00:02:24.256 to help prevent workplace violence. 00:02:24.390 --> 00:02:27.766 But there's also some important things you can do as an individual. 00:02:28.057 --> 00:02:32.469 So, I'm going tell you about five tough issues I've seen managers struggle with. 00:02:32.613 --> 00:02:35.331 And then I'll give you three practical actions to take 00:02:35.357 --> 00:02:38.921 that will help you maintain a safe, productive work environment 00:02:38.947 --> 00:02:42.766 and minimize the chances that you'll end up on the losing end of a lawsuit. 00:02:55.868 --> 00:02:59.912 I know pre-employment screening is an important part of violence prevention. 00:03:00.174 --> 00:03:02.173 But just how far can I go 00:03:02.199 --> 00:03:05.157 before I cross the line between adequate screening 00:03:05.183 --> 00:03:07.880 and infringing on a candidate's privacy rights? 00:03:08.452 --> 00:03:11.703 I guess, are there some questions I should avoid asking? 00:03:12.338 --> 00:03:16.260 There are a number of areas where I see managers getting into trouble with 00:03:16.286 --> 00:03:17.923 pre-employment screening. 00:03:18.845 --> 00:03:21.290 The first involves asking about a criminal record. 00:03:21.471 --> 00:03:23.322 It's easy to ask illegal questions 00:03:23.348 --> 00:03:26.165 or misuse information you get in background checks. 00:03:26.714 --> 00:03:29.943 For example, in some states, you can't ask a candidate 00:03:29.969 --> 00:03:33.181 to tell you about a marijuana conviction that's over two years old. 00:03:33.529 --> 00:03:37.075 It can also be illegal to ask for information about an arrest 00:03:37.101 --> 00:03:39.541 or detention that didn't lead to a conviction. 00:03:39.988 --> 00:03:43.882 And it may be illegal to ask whether or not a candidate has ever been involved... 00:03:43.910 --> 00:03:47.065 ...with a pre-trial or post-trial diversion program - 00:03:47.091 --> 00:03:50.056 like a drug-rehab or community service program. 00:03:50.269 --> 00:03:52.110 The important thing to keep in mind here 00:03:52.136 --> 00:03:56.015 is that state law regarding criminal records varies from state to state - 00:03:56.041 --> 00:03:59.438 so you need to make sure you're familiar with your state's requirements. 00:03:59.713 --> 00:04:03.047 Another key point is that you should always obtain written permission 00:04:03.073 --> 00:04:05.588 and authorization for information to be released 00:04:05.614 --> 00:04:09.081 before you conduct any kind of check into a candidate's criminal 00:04:09.107 --> 00:04:10.495 or personal background. 00:04:10.598 --> 00:04:14.503 And anything you gather should be kept in separate confidential files, 00:04:14.529 --> 00:04:17.385 and you should strictly limit access to that information. 00:04:17.566 --> 00:04:20.144 If your background check does uncover something, 00:04:20.170 --> 00:04:22.029 don't automatically reject the candidate 00:04:22.055 --> 00:04:24.716 just because he or she has a criminal record. 00:04:24.851 --> 00:04:29.288 Automatic rejection based solely on a criminal record may violate the law; 00:04:29.314 --> 00:04:32.434 particularly if the offense is unrelated to the job. 00:04:33.522 --> 00:04:36.621 What you can and should do is look at the nature of the conviction. 00:04:36.703 --> 00:04:38.605 If it directly relates to the job... 00:04:38.631 --> 00:04:40.739 or if the crime was violence related... 00:04:40.765 --> 00:04:42.778 then it would be reasonable and advisable 00:04:42.804 --> 00:04:45.059 to carefully weigh your hiring decision. 00:04:45.196 --> 00:04:47.329 Not only is that just common sense. 00:04:47.424 --> 00:04:49.626 It's from a physical safety standpoint. 00:04:49.792 --> 00:04:51.720 But it's also important because a company 00:04:51.746 --> 00:04:54.510 can be held liable for hiring or retaining someone 00:04:54.536 --> 00:04:56.152 where there's a foreseeable risk 00:04:56.178 --> 00:04:59.147 that the employee will harm someone else in the workplace. 00:04:59.485 --> 00:05:02.287 What does "directly relates to the job" mean? 00:05:02.594 --> 00:05:05.778 You don't have to hire someone who has been convicted of embezzlement 00:05:05.804 --> 00:05:07.946 for a job that involves handling money. 00:05:08.065 --> 00:05:10.279 People who have access to your customer's belongings, 00:05:10.305 --> 00:05:13.324 such as housekeepers, personal attendants, and the like, 00:05:13.350 --> 00:05:16.124 should not have records of theft or burglary. 00:05:16.493 --> 00:05:19.695 Anyone hired in a position working with vulnerable people – 00:05:19.721 --> 00:05:22.382 children, seniors, people with disabilities – 00:05:22.408 --> 00:05:24.164 should have no record of abuse. 00:05:24.277 --> 00:05:26.542 And, obviously, someone with a record of violence 00:05:26.568 --> 00:05:28.770 may not be qualified for any job. 00:05:29.373 --> 00:05:31.780 The second thing about pre-employment screening 00:05:31.806 --> 00:05:33.388 that can get you into trouble 00:05:33.414 --> 00:05:36.340 involves how you use information from credit reports. 00:05:36.725 --> 00:05:40.756 For example, some organizations can use an in-depth report 00:05:40.782 --> 00:05:43.655 called an "investigative consumer credit report"- 00:05:43.681 --> 00:05:45.976 where investigators actually talk to people 00:05:46.002 --> 00:05:47.889 the candidate has done business with - 00:05:47.915 --> 00:05:49.584 to help them build a profile. 00:05:50.312 --> 00:05:53.121 How you gain access to, and use, that kind of information 00:05:53.147 --> 00:05:56.116 is governed by the Federal Fair Credit Reporting Act. 00:05:56.250 --> 00:05:58.203 And most of the problems come from failing 00:05:58.229 --> 00:06:00.468 to let the candidate know what you're doing. 00:06:00.774 --> 00:06:03.367 You must get prior written consent from the candidate 00:06:03.393 --> 00:06:05.531 to obtain any kind of a credit report. 00:06:05.665 --> 00:06:07.602 You have to provide complete information 00:06:07.628 --> 00:06:10.774 about the kinds of things you're going to be checking into. 00:06:11.033 --> 00:06:12.139 And finally, 00:06:12.165 --> 00:06:13.359 if you use the information 00:06:13.385 --> 00:06:16.122 as part of your reason for not hiring the candidate... 00:06:16.148 --> 00:06:18.929 ...you must let he or she know the reason for denial 00:06:18.955 --> 00:06:21.888 and the name and address of the credit reporting agency. 00:06:22.367 --> 00:06:24.198 In addition to background checks, 00:06:24.224 --> 00:06:26.410 there are two other areas you need to pay attention to 00:06:26.436 --> 00:06:28.768 when it comes to pre-employment screening - 00:06:28.919 --> 00:06:31.690 checking references and the interview itself. 00:06:31.819 --> 00:06:34.880 In both cases, you should explore job-related topics 00:06:34.906 --> 00:06:37.260 that are associated with workplace violence. 00:06:37.567 --> 00:06:40.379 For example, when you talk with former employers, 00:06:40.405 --> 00:06:42.088 you should ask questions like... 00:06:42.332 --> 00:06:45.432 Tell me about a time, when you faced a stressful situation at work. 00:06:45.544 --> 00:06:46.571 How did you handle it? 00:06:46.644 --> 00:06:48.822 Would you describe Angela as a team player? 00:06:49.503 --> 00:06:53.908 And, during the interview, it's a good idea to ask job-related questions 00:06:53.934 --> 00:06:57.668 that help identify a candidate's ability to work effectively with others 00:06:57.694 --> 00:06:59.297 and to deal with stress. 00:06:59.650 --> 00:07:02.532 Tell me about a time when you had to work with a team to solve a problem. 00:07:02.580 --> 00:07:05.242 Give me an example of a time when working with financial details 00:07:05.253 --> 00:07:06.438 was difficult for you. 00:07:06.469 --> 00:07:07.476 How did you handle it? 00:07:07.818 --> 00:07:10.176 Describe a mistake that you made on your last job 00:07:10.202 --> 00:07:11.704 and what you did to correct it. 00:07:11.994 --> 00:07:15.204 All of those are examples of the kinds of job-related questions 00:07:15.230 --> 00:07:18.614 you can ask to help you identify potential red flags. 00:07:18.803 --> 00:07:21.598 Used in combination with appropriate background checks, 00:07:21.624 --> 00:07:23.943 they can help you avoid hiring the wrong person. 00:07:48.121 --> 00:07:49.121 Okay, here's the deal. 00:07:49.162 --> 00:07:51.255 I've got this guy who's got a bit of a temper. 00:07:51.328 --> 00:07:54.771 And when something's not going right, he cuts loose. 00:07:54.936 --> 00:07:56.458 And it's all verbal - 00:07:56.484 --> 00:08:00.098 but it's usually never aimed at a person; it's at a machine or something. 00:08:00.717 --> 00:08:03.863 It's like he's blowing off steam in a major way. 00:08:04.024 --> 00:08:07.332 When he gets like that, we all kind of avoid him. 00:08:07.768 --> 00:08:11.109 But I don't think too much about it. Because let's face it. 00:08:11.527 --> 00:08:13.702 We can all have a bad day, right? 00:08:14.071 --> 00:08:18.093 First of all, it's irrelevant that his temper isn't directed at people. 00:08:18.665 --> 00:08:20.649 Your organization's employee handbook 00:08:20.675 --> 00:08:25.015 should clearly list examples of unacceptable or unprofessional behavior. 00:08:25.150 --> 00:08:28.075 And, as a manager, you have a responsibility... 00:08:28.101 --> 00:08:29.606 ...to take immediate action 00:08:29.632 --> 00:08:32.121 when you observe any behavior that crosses the line. 00:08:32.234 --> 00:08:36.574 If you don't, you could find yourself facing all kinds of legal problems. 00:08:37.239 --> 00:08:40.692 For example, somebody who received a poor performance evaluation 00:08:40.718 --> 00:08:43.590 could claim it was the result of a violent work environment. 00:08:43.693 --> 00:08:45.927 Or somebody who couldn't deal with the environment 00:08:45.953 --> 00:08:47.528 created by the guy's behavior 00:08:47.554 --> 00:08:50.230 could resign and claim a constructive discharge. 00:08:50.506 --> 00:08:52.677 A constructive discharge basically means 00:08:52.703 --> 00:08:55.438 that the co-worker was forced to resign from the company 00:08:55.464 --> 00:08:59.719 in order to avoid a situation that was detrimental to his or her safety. 00:09:00.275 --> 00:09:01.626 If a court agrees, at a minimum, 00:09:01.652 --> 00:09:05.922 you'll probably end up having to pay unemployment compensation. 00:09:06.182 --> 00:09:09.547 You could also face an infliction of emotional distress lawsuit; 00:09:09.573 --> 00:09:12.728 as well as having to pay workers' compensation based on physical 00:09:12.754 --> 00:09:17.079 or emotional problems that resulted from your failure to stop the behavior. 00:09:17.338 --> 00:09:20.541 In extreme cases, you might find yourself in court 00:09:20.567 --> 00:09:23.951 if a co-worker claims he or she was a victim of assault. 00:09:24.101 --> 00:09:27.592 Unlike battery, which requires actual physical contact, 00:09:27.711 --> 00:09:31.811 assault only requires that someone be in fear of harmful physical contact. 00:09:32.321 --> 00:09:34.756 One more point about this kind of behavior. 00:09:34.846 --> 00:09:37.016 Not only does it create legal problems 00:09:37.042 --> 00:09:39.893 but tiptoeing around and waiting for it to blow over 00:09:39.919 --> 00:09:43.862 can be exactly the wrong thing to do from a safe workplace standpoint. 00:09:44.450 --> 00:09:46.612 If someone is acting in a violent manner, 00:09:46.638 --> 00:09:49.346 the first thing to do is stop the behavior. 00:09:49.418 --> 00:09:52.831 Usually, the best way is to ask the person to walk outside with you. 00:09:53.012 --> 00:09:54.996 Get them away from the focus of their anger, 00:09:55.022 --> 00:09:57.643 and also out of the earshot of their co-workers. 00:09:57.792 --> 00:10:00.769 The mere fact of moving and getting some fresh air 00:10:00.795 --> 00:10:03.930 will actually change the amount of oxygen in their brains 00:10:03.956 --> 00:10:07.112 so they can think more clearly and calm themselves down. 00:10:07.574 --> 00:10:11.674 In fact, talking about it directly, in a professional and caring tone, 00:10:11.700 --> 00:10:14.121 is often the most effective way of redirecting 00:10:14.147 --> 00:10:16.349 and diffusing the employee's behavior 00:10:16.375 --> 00:10:18.768 before it leads to something more serious. 00:10:19.277 --> 00:10:21.081 The bottom line here is this. 00:10:21.408 --> 00:10:23.651 There is no excuse, in the eyes of the law, 00:10:23.678 --> 00:10:26.356 for permitting violent behavior of any kind - 00:10:26.382 --> 00:10:28.039 regardless of the circumstances. 00:10:28.470 --> 00:10:30.937 If you are unsure how to deal with the situation, 00:10:30.963 --> 00:10:34.600 consult with an EAP professional, human resources, 00:10:34.626 --> 00:10:36.824 security officials or upper management. 00:10:36.896 --> 00:10:40.262 There are resources available to help you with these types of problems. 00:10:40.490 --> 00:10:44.240 So, if someone gets out of line... deal with it. Immediately. 00:11:08.312 --> 00:11:10.115 The other day one of my employees came to me - 00:11:10.141 --> 00:11:12.959 all bent out of shape about his son's Little League coach. 00:11:13.219 --> 00:11:16.249 He was venting his frustrations. Saying things like, 00:11:16.275 --> 00:11:17.990 "this guy better watch his back." 00:11:18.063 --> 00:11:20.427 And, "he's going to pay for how he's treating my son." 00:11:20.937 --> 00:11:22.756 Well, I get we all have personal problems, 00:11:22.782 --> 00:11:24.632 and we share that from time to time. 00:11:24.806 --> 00:11:28.162 But as a manager, is there anything I'm supposed to do with this? 00:11:30.905 --> 00:11:33.561 While this might seem like it's someone just "venting," 00:11:33.587 --> 00:11:37.336 it's also possible that it's a warning sign of an employee who - 00:11:37.362 --> 00:11:39.782 for whatever reason - is under stress 00:11:39.809 --> 00:11:44.036 and having a difficult time maintaining control of his or her emotions. 00:11:44.374 --> 00:11:46.374 The venting itself can be a problem, 00:11:46.446 --> 00:11:49.226 and it may be a symptom of an employee on edge 00:11:49.252 --> 00:11:52.006 whose next target could be someone in the workplace. 00:11:52.309 --> 00:11:54.819 In this case, though, it is more than venting. 00:11:55.020 --> 00:11:59.337 This kind of language- "watch his back" and "he's going to pay"- 00:11:59.363 --> 00:12:00.915 are considered threats. 00:12:01.159 --> 00:12:05.018 If you fail to take action, you could end up facing the kind of law suits 00:12:05.044 --> 00:12:06.291 that I mentioned earlier - 00:12:06.317 --> 00:12:09.415 from infliction of emotional distress to assault. 00:12:09.830 --> 00:12:12.697 Again, the target of the threats is irrelevant. 00:12:12.793 --> 00:12:15.246 When an employee is making these kinds of statements, 00:12:15.272 --> 00:12:17.931 you should immediately take action to stop it. 00:12:21.472 --> 00:12:23.201 If this is an isolated incident, 00:12:23.227 --> 00:12:25.531 simply calling it to the employee's attention 00:12:25.557 --> 00:12:27.391 will probably solve the problem. 00:12:27.694 --> 00:12:29.311 But, if it becomes a pattern, 00:12:29.337 --> 00:12:32.013 use progressive discipline to address the behavior. 00:12:32.128 --> 00:12:33.128 In addition, 00:12:33.139 --> 00:12:36.788 recommend that the employee seek outside professional counselling - 00:12:36.814 --> 00:12:39.164 perhaps through an Employee Assistance Program. 00:12:39.502 --> 00:12:41.281 Because, like I mentioned earlier, 00:12:41.307 --> 00:12:45.014 direct intervention at an early stage really does make a difference. 00:12:45.368 --> 00:12:48.836 Depending on the severity of the threat, there's another issue 00:12:48.862 --> 00:12:52.377 do you have a duty to warn the coach, or even call the police? 00:12:52.496 --> 00:12:54.978 You may need to consult an EAP counsellor 00:12:55.004 --> 00:12:56.691 to figure out the right thing to do. 00:12:56.853 --> 00:12:57.690 Just keep in mind 00:12:57.716 --> 00:13:01.173 that in virtually every single instance of pre-meditated violence, 00:13:01.199 --> 00:13:03.424 the person has made threats beforehand. 00:13:03.661 --> 00:13:05.534 So never think of a threat as "empty." 00:13:05.643 --> 00:13:07.784 It may very well be a warning sign. 00:13:31.822 --> 00:13:34.205 One of the people in my department is on medication 00:13:34.231 --> 00:13:36.033 for a disorder of some sort. 00:13:36.207 --> 00:13:38.207 I guess it's to keep her stable. 00:13:38.388 --> 00:13:41.278 Anyway, not that I think it's a problem, 00:13:41.304 --> 00:13:44.163 but since she's protected under the ADA, 00:13:44.189 --> 00:13:46.646 what happens if she gets violent or something. 00:13:46.871 --> 00:13:49.261 Am I to "accommodate" her behavior? 00:13:50.380 --> 00:13:52.330 The short answer here is - 00:13:52.356 --> 00:13:53.694 you don't have to accommodate 00:13:53.720 --> 00:13:58.240 or tolerate abusive or violent behavior of any kind from any employee. 00:13:58.315 --> 00:13:59.317 Period. 00:14:00.963 --> 00:14:05.145 In this case, the fact that a person is protected under the ADA 00:14:05.171 --> 00:14:09.258 only means that you have to provide equal opportunity to do the job. 00:14:09.400 --> 00:14:10.924 It doesn't excuse the employee 00:14:10.950 --> 00:14:13.414 from the same standards of professional behavior 00:14:13.440 --> 00:14:15.798 established for the workforce as a whole. 00:14:16.027 --> 00:14:19.743 If an ADA-qualified employee exhibits violent behavior, 00:14:19.769 --> 00:14:23.096 you should treat him or her like you would any other employee, 00:14:23.122 --> 00:14:25.345 up to and including termination. 00:14:26.104 --> 00:14:28.260 But because these situations are tricky, 00:14:28.286 --> 00:14:30.817 get your higher management, Human Resources, 00:14:30.843 --> 00:14:33.966 or legal department involved in the decision-making process. 00:14:34.117 --> 00:14:37.607 For example, it could be the problem is with an employee's medication. 00:14:37.736 --> 00:14:40.188 In that case, you might have to give a leave of absence 00:14:40.214 --> 00:14:42.419 until the medication issue is corrected. 00:15:07.005 --> 00:15:08.652 I'm a little unsure about this 00:15:08.678 --> 00:15:10.386 because I've heard some rumors 00:15:10.412 --> 00:15:14.590 that someone from another area - someone I don't directly supervise - 00:15:14.616 --> 00:15:16.616 made a threat against another employee. 00:15:17.297 --> 00:15:19.761 So, do I have to do anything about it? 00:15:19.942 --> 00:15:21.964 I mean we're just talking rumors here. 00:15:23.208 --> 00:15:26.098 As a manager, you have an obligation under the law 00:15:26.124 --> 00:15:28.108 to investigate any hearsay reports 00:15:28.134 --> 00:15:30.730 or rumors like this, no matter who is involved. 00:15:30.940 --> 00:15:33.018 Under OSHA's general duty clause - 00:15:33.044 --> 00:15:36.464 employers are required to provide a safe working environment. 00:15:36.614 --> 00:15:39.247 So, even though the rumors don't involve anyone working 00:15:39.273 --> 00:15:40.935 under your direct supervision, 00:15:40.961 --> 00:15:44.419 if you become aware of them, you must report them immediately. 00:15:44.897 --> 00:15:47.171 The best course of action is to meet directly 00:15:47.197 --> 00:15:50.249 with the manager of the employee who's making the alleged threats 00:15:50.275 --> 00:15:52.885 and let him or her know what's going on. 00:15:53.441 --> 00:15:55.558 That manager should report the allegations 00:15:55.584 --> 00:15:57.392 and inform you of the results, 00:15:57.418 --> 00:16:00.388 and whether any disciplinary action has been taken. 00:16:00.788 --> 00:16:02.685 There are a couple of points to keep in mind 00:16:02.711 --> 00:16:04.711 when handling a situation like this. 00:16:05.595 --> 00:16:08.560 First, call HR or security. 00:16:08.682 --> 00:16:10.203 They need to investigate, 00:16:10.229 --> 00:16:13.197 and that includes giving the employee who made the alleged threats 00:16:13.223 --> 00:16:16.389 the chance to tell his or her side of the story. 00:16:16.852 --> 00:16:17.905 And second, 00:16:17.931 --> 00:16:21.055 only people with a genuine need to know should be able to access 00:16:21.081 --> 00:16:24.154 any information about the rumors or the investigation. 00:16:24.741 --> 00:16:28.052 Confidentiality is critical because if somebody sees something 00:16:28.078 --> 00:16:31.093 they shouldn't see, or hears something they shouldn't hear, 00:16:31.119 --> 00:16:34.773 both you and your organization could be sued for defamation. 00:16:35.188 --> 00:16:38.453 And by the way, if you do report a threat of violence, 00:16:38.479 --> 00:16:42.388 you are protected by law from any retaliation by the organization. 00:16:42.722 --> 00:16:45.372 But let's talk for a minute about the worst case. 00:16:45.491 --> 00:16:48.528 What do you do if an employee comes to work with a weapon? 00:16:48.834 --> 00:16:50.466 Your organization should have a plan, 00:16:50.492 --> 00:16:52.887 and everyone needs to be trained in that plan, 00:16:52.913 --> 00:16:55.231 so that it can be implemented immediately. 00:16:55.391 --> 00:16:58.498 But if you become a hostage- I know it sounds hard, 00:16:58.524 --> 00:16:59.847 but all the research shows 00:16:59.873 --> 00:17:03.065 that you have the best chance of surviving if you remain calm. 00:17:03.215 --> 00:17:06.253 Remember, this person is under tremendous stress. 00:17:06.450 --> 00:17:08.082 The more you can do to stay calm, 00:17:08.108 --> 00:17:10.234 the more you will help them calm down... 00:17:10.260 --> 00:17:12.644 ...and most likely defuse the situation. 00:17:27.731 --> 00:17:28.879 Okay, 00:17:28.905 --> 00:17:30.425 now that I've told you about five 00:17:30.451 --> 00:17:33.106 of the toughest issues managers run up against, 00:17:33.132 --> 00:17:35.178 let me give you three practical actions 00:17:35.204 --> 00:17:38.124 you can take to help minimize the potential for violence 00:17:38.150 --> 00:17:40.073 and keep you out of the courtroom. 00:17:40.599 --> 00:17:42.450 Keep in mind that there are a lot of things 00:17:42.476 --> 00:17:44.447 your organization can and should do 00:17:44.473 --> 00:17:46.898 from a policy and procedures standpoint - 00:17:46.924 --> 00:17:50.345 things like establishing a no-tolerance policy, 00:17:50.371 --> 00:17:52.745 implementing building security procedures, 00:17:52.771 --> 00:17:56.210 and putting a crisis team and a response plan in place. 00:17:56.391 --> 00:17:58.640 But the three actions I'm talking about here 00:17:58.666 --> 00:18:01.383 are critical steps you can take as an individual 00:18:01.409 --> 00:18:04.476 to reduce the likelihood of violence in your own workplace. 00:18:04.954 --> 00:18:07.672 Action 1: Enforce the rules - 00:18:07.698 --> 00:18:09.554 every time, all the time. 00:18:09.708 --> 00:18:13.270 Your organization's policies regarding violent and abusive behavior 00:18:13.296 --> 00:18:14.835 are there for a reason. 00:18:15.141 --> 00:18:19.407 If you make exceptions to the rules, you put yourself and your organization 00:18:19.433 --> 00:18:23.109 in jeopardy of expensive and time-consuming litigation; 00:18:23.191 --> 00:18:27.203 not to mention potential physical harm to yourself and co-workers. 00:18:27.415 --> 00:18:30.796 Action 2: Screen candidates very carefully. 00:18:30.910 --> 00:18:34.456 Not hiring employees with a track record of violence or abuse 00:18:34.482 --> 00:18:38.280 is one of the best ways to minimize potential problems down the road. 00:18:38.430 --> 00:18:42.022 So, take the time to do legal-appropriate background checks; 00:18:42.048 --> 00:18:46.235 and be sure your interview questions are designed to help identify candidates 00:18:46.261 --> 00:18:49.968 who may have problems dealing with stress and controlling their emotions. 00:18:50.509 --> 00:18:53.265 And Action 3: Pay attention to your people. 00:18:53.409 --> 00:18:56.877 This is the single most important action you can take as a manager 00:18:56.903 --> 00:18:59.142 to minimize the potential for violence. 00:19:00.027 --> 00:19:03.432 Paying attention to people and getting to know them on a personal basis 00:19:03.458 --> 00:19:06.645 allows you to be able to recognize the warning signs 00:19:06.671 --> 00:19:08.671 that could lead to real problems. 00:19:09.274 --> 00:19:12.914 Some of those warning signs include a negative change in performance, 00:19:12.940 --> 00:19:15.625 difficulty accepting constructive criticism, 00:19:15.651 --> 00:19:16.898 becoming a loner, 00:19:16.924 --> 00:19:20.115 showing signs of stress due to change at work or at home, 00:19:20.141 --> 00:19:23.631 and an unhealthy interest in guns or the violent behavior of others. 00:19:24.218 --> 00:19:27.140 I know that some of the things I'm talking about here 00:19:27.166 --> 00:19:29.662 probably just sound like plain common sense. 00:19:30.045 --> 00:19:31.052 But you know what? 00:19:31.179 --> 00:19:34.820 In the midst of everything managers have to deal with on a daily basis, 00:19:34.846 --> 00:19:38.459 you'd be surprised how fast common sense seems to fly out the window. 00:19:38.922 --> 00:19:40.444 So, take my advice - 00:19:40.470 --> 00:19:42.470 remember to enforce the rules, 00:19:42.588 --> 00:19:46.135 screen candidates carefully, and pay attention to your people. 00:19:46.379 --> 00:19:48.776 They really are the three of the most effective steps 00:19:48.802 --> 00:19:51.381 you can take to reduce your legal liability 00:19:51.407 --> 00:19:54.099 and help maintain a safe, productive workplace. 00:19:54.382 --> 00:19:55.473 And after all, 00:19:55.499 --> 00:19:57.499 that's what it's really all about, isn't it?