Legal Question in Business Law in California

Is a civil Harassment Restaning order in CA the correct restraining order the correct document to keep a fired employee out of the business. The person was voted to be removed as Board Director and COE, however, is a 1/4 shareholder in the corpration. I am the new CEO. I was informed by the coroparte attorney to call the police if he were to come on the property and then file a restraing order. I have called the police to have him removed now I'm trying to file the restratining order. This person has a felony for violence. The attorney said I may have to get a attorney to file the restraining order is this true?

If a Civil Hassment Restraing Order is not the correct document what is the correct restraing order called to have this person kept away from the business and contacting the business?


Asked on 8/31/12, 8:47 pm

3 Answers from Attorneys
Seth Wiener Law Offices of Seth W. Wiener

You need a workplace violence restraining order, which can be obtained pursuant to Code of Civil Procedure Section 527.8. I would highly recommend that you have an attorney seek the order on behalf of your corporation, since you could be civilly liable if you fail to take adequate steps to protect your employees.

Seth Wiener

925.487.5607

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Answered on 9/01/12, 6:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, please note that CCP 527.8 has recently been amended extensively. If you look it up, make sure you are reading the version that's currently in effect.

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Answered on 9/01/12, 10:00 am
Edward Hoffman Law Offices of Edward A. Hoffman

If you're already getting advice from your corporate attorney, you shouldn't need to get more advice here.

She's right that you will need an attorney to file any papers and make any court appearances for the corporation. You can't do that on your own, which seems to be what you want to do. Anybody can represent him or herself in court, but only attorneys can represent someone else. If you were to go to court for the company you would be representing it and not yourself. That means you would be practicing law, which is illegal unless you are a lawyer.

(Note that you probably can represent your company in small claims court. But that is not where this case would be heard.)

Your corporate attorney should be able to recommend a good civil litigator in your area.

Good luck.

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Answered on 9/01/12, 2:02 pm


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