Legal Question in Employment Law in California

Employees fighting

Two of my employee got into a physical fight during work, can the company get sued? if so, how do I protect myself from it?


Asked on 1/14/09, 5:37 pm

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Employees fighting

Under California law, you have a duty to conduct prompt, fair, unbiased and thorough investigation of the incident, disciplining the party who will be found at fault, or both parties. That discipline may be anything from reprimand, transfer, administrative leave, suspension or termination depending on (1) your stated policies in the employee handbook (if any) and (2) the gravity of misconduct.

Conducting prompt investigation, keeping the facts, findings and all the steps taken to investigate violence in writing and having it will documented will be a very effective defense if the company is later sued for failure to prevent violence and/or failure to maintain safe workplace.

Thanks,

Arkady Itkin

http://www.arkadylaw.com

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Answered on 1/15/09, 7:15 pm


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