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creditunionman

Employee has a restraining order

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One of my employees has received a credible death threat from an ex-spouse. A restraining order has been obtained through the court system (California) and is being served by the sheriff's department. I have hired a guard who has a photograph and a copy of the order.  I plan to keep him on until I'm reasonably certain that the ex-spouse will not come to the office.

 

Is there anything else I should consider doing?

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Why did you hire the guard?  I ask because I can think of a few possible reasons.

 

What sort of business are you in?

 

What exactly do you expect the guard to do if the employee's spouse comes around?

 

What is the nature of the threat?

 

In what state is your business located?

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Why did you hire the guard?  I ask because I can think of a few possible reasons.

 

What sort of business are you in?

 

What exactly do you expect the guard to do if the employee's spouse comes around?

 

What is the nature of the threat?

 

In what state is your business located?

To keep an eye on the parking lot and let me know if he sees the person.

Financial services.

To tell me if he sees the person.

A death threat.

California.

 

To be clear, I'm not asking if I should have hired a guard, I'm quite satisfied with my decision to do so. I'm asking for suggestions as to anything else I might do. Thanks for the reply.

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To keep an eye on the parking lot and let me know if he sees the person.

 

So...wait...you're paying someone (full-time presumably) and his/her only job is to watch your parking lot on the off change this employee's ex shows up?

 

While I get that you (like any other business owner) don't want an employee's ex coming around and trying to kill your employee, hiring the guard in the first place seems a bit over the top.

 

 

 

To be clear, I'm not asking if I should have hired a guard, I'm quite satisfied with my decision to do so. I'm asking for suggestions as to anything else I might do.

 

I could probably suggest about 1,000 things you "might do," but I doubt that's really what you want or that I could suggest anything you couldn't think of yourself.

 

The purpose of these boards is to discuss legal issues, so the bottom line here is that you have no legal obligation to do anything with respect to the situation you have described.

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So...wait...you're paying someone (full-time presumably) and his/her only job is to watch your parking lot on the off change this employee's ex shows up?

 

While I get that you (like any other business owner) don't want an employee's ex coming around and trying to kill your employee, hiring the guard in the first place seems a bit over the top.

 

 

 

 

I could probably suggest about 1,000 things you "might do," but I doubt that's really what you want or that I could suggest anything you couldn't think of yourself.

 

The purpose of these boards is to discuss legal issues, so the bottom line here is that you have no legal obligation to do anything with respect to the situation you have described.

Yup, and happy to do it. If you believe its over the top, then we disagree. Thanks for the reply.

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Depending upon how your phones and emails are set up, you might instruct the receptionist not to accept or forward any calls from the ex. IT might be able to block his emails. If her picture or identifying contact information are on your website or publicly accessible, you might consider removing that information. No sense confirming she works there and how to contact her. If he does call or email, I'd instruct employees to simply state that they can not confirm the employment for any current or past employees. You might let HR know as well, in case he tries to do a false employment verification. Either decline to offer one for this employee using the above phrase, or tell the "caller" you will only release information after receiving written authorization from the individual.

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Depending upon how your phones and emails are set up, you might instruct the receptionist not to accept or forward any calls from the ex. IT might be able to block his emails. If her picture or identifying contact information are on your website or publicly accessible, you might consider removing that information. No sense confirming she works there and how to contact her. If he does call or email, I'd instruct employees to simply state that they can not confirm the employment for any current or past employees. You might let HR know as well, in case he tries to do a false employment verification. Either decline to offer one for this employee using the above phrase, or tell the "caller" you will only release information after receiving written authorization from the individual.

More great advice! Thank you, this is the sort of information I was looking for and a few things I hadn't thought of. Thanks again!

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creditunionman,

 

You really are going above and beyond your duties to your employee and it appears you are happy and able to do it. You should be commended on your responsiveness to the issue.

 

However, legal counsel might point out that you are setting a pretty substantial precedent by how you are dealing with the matter. If you are willing to do this now you might be expected to do it later for other employees. Just keep that notion in mind, you always want to protect your business as well as the employees it employs.

 

Thanks for the post,

 

The FindLaw.com Team

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However, legal counsel might point out that you are setting a pretty substantial precedent by how you are dealing with the matter. If you are willing to do this now you might be expected to do it later for other employees. Just keep that notion in mind, you always want to protect your business as well as the employees it employs.

 

I agree.  In addition, by taking these extra steps, you are assuming legal duties you wouldn't otherwise have, and that could come back to bite you at some point.  You would be well advised to consult with legal counsel about this.

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creditunionman,

 

You really are going above and beyond your duties to your employee and it appears you are happy and able to do it. You should be commended on your responsiveness to the issue.

 

However, legal counsel might point out that you are setting a pretty substantial precedent by how you are dealing with the matter. If you are willing to do this now you might be expected to do it later for other employees. Just keep that notion in mind, you always want to protect your business as well as the employees it employs.

 

Thanks for the post,

 

The FindLaw.com Team

Thanks for the advice, I had not considered that, and it is definitely food for thought going forward. In any event, today is the last day for the guard. It's been about two weeks and there have been no incidents here or reported by the employee at home or during off-hours. I'm confident the threat has subsided. 

 

Thanks much for the reply!

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I agree.  In addition, by taking these extra steps, you are assuming legal duties you wouldn't otherwise have, and that could come back to bite you at some point.  You would be well advised to consult with legal counsel about this.

Great points, and I thank you for it. Thanks for the reply!

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