State Laws and Violence in the Workplace

 

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Employers have a variety of legally required rules they must follow as well as policies and procedures they can implement to prevent and deal with violence in the workplace.

Several states have enacted laws that specifically apply to employers and violence in the workplace. Two of the main areas covered by these laws are the carrying of concealed weapons and the duty to retreat from deadly force. Alaska, Florida, Kansas, Kentucky, Maryland, Mississippi, Ohio, Oklahoma, South Carolina and Tennessee have enacted laws that specify what employers can do regarding restricting weapons--typically guns--in their place of business.

Most of the states that have laws that specifically apply to employers allow employers to prohibit the possession of certain weapons on their private property if notice is posted or if consent is obtained. Some of these state laws have an exception for weapons in vehicles in parking lots whether they are public lots or private property owned by the employer. For example, Oklahoma law does not allow employers to prohibit guns in their parking lots.

Under general legal principles, an individual attacked in his or her home can use reasonable force, which may include deadly force, to protect his or her own or another's life and has no duty to retreat to avoid doing so. This legal doctrine can also apply to the workplace if the law states that there is no duty to retreat if the self-defense takes place in any place where the person has the right to be, which includes the workplace by inference.

Several states--including Alaska, Louisiana, Michigan, Mississippi, South Carolina and Texas--have laws in place that specifically state that a person in the workplace can use reasonable force, which may include deadly force, to protect his or her own or another's life and has no duty to retreat to avoid doing so.

Warning Due to the unfortunate fact that violence in the workplace is an issue of ever-growing concern, state laws in this area are subject to change. Be sure to check your own state's law using the information in the map below. Employers must be aware of state laws that are not only specifically employment related, but affect the workplace due to the broadness of their nature. Use the state map below to learn about your rights and obligations.