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The Move To Terminate Potentially Violent Or Dangerous Employees Can B

The move to terminate potentially violent or dangerous employees can be a difficult one. If the decision is made haphazardly or hastily, firing problem employees can open up an organization to claims of wrongful termination or even illegal discrimination. If individuals are retained, a company can be found negligent, ultimately being held responsible for any wrongdoing and harm that occurs as a result of keeping them around. Consequently, companies must try to strike a reasonable balance between being too proactive and not being judicious enough. Such decision-making difficulties and dilemmas are illustrated in the recent court case Mary Wolski vs. City of Erie, which had fired Ms. Wolski, a fire truck driver with many years of employment, due to concerns about her safety and mental health. The case highlights the importance of conducting individualized assessments and considering medical input before making termination decisions involving potentially impaired employees. Human Resources professionals must carefully evaluate behaviors, implement policies to prevent wrongful termination claims, and ensure actions are based on objective, business-related criteria.

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Managing employee safety is a critical component of human resource management, particularly when dealing with potentially dangerous or violent behaviors. Drawing from personal work experiences, I have observed various behaviors that, when deemed dangerous, prompted managerial intervention. For example, at my previous workplace, an employee who exhibited persistent aggressive outbursts, physical threats towards colleagues, and signs of intimidation was identified as a potential risk to workplace safety. In response, the supervisor initiated a formal review process, including discussions with the employee and consultations with the HR department. The employee was eventually placed on leave pending further assessment, and the company provided counseling support to address underlying issues. While termination was considered, the organization prioritized safety and legal compliance, ultimately handling the situation through corrective measures, rather than immediate dismissal.

If I were an HR professional managing a potentially dangerous employee, I would adopt a structured and legally compliant approach, emphasizing individual assessment rather than impulsive action. First, I would seek input from mental health and medical professionals to understand any underlying issues affecting the employee's behavior. It is essential to recognize that certain behaviors may stem from mental health conditions, such as depression, anxiety, or other psychiatric disorders, which require specialized intervention. As exemplified in the case of Ms. Wolski, failing to conduct an individualized assessment can lead to legal challenges, especially under the Americans with Disabilities Act (ADA). Therefore, HR policies should mandate comprehensive evaluations, documentation of behaviors, and regular communication with medical professionals to determine appropriate accommodations or restrictions.

Additionally, clear policies should be established regarding the documentation of concerning behaviors, the procedures for initiating mental health assessments, and the criteria for disciplinary actions. It is prudent to implement protocols that require written requests for accommodations and document all interactions with the employee concerning their condition. This approach reduces the risk of wrongful termination claims and demonstrates that decisions are grounded in objective, business-related considerations rather than subjective judgments.

To create a safer and legally compliant environment, organizations should develop policies that promote early intervention, reasonable accommodations, and transparent communication. For example, implementing behavior monitoring systems and providing training to supervisors on recognizing warning signs of violence can help prevent escalation. Furthermore, ensuring that termination decisions are based on documented performance or behavior issues—rather than assumptions or stereotypes—helps mitigate discrimination claims. Regular training on ADA compliance, anti-discrimination laws, and employee rights can foster a culture of fairness and legal awareness.

In conclusion, handling the termination of potentially dangerous employees requires a balanced approach that prioritizes safety without infringing on employees’ rights. It involves thorough evaluations, documented procedures, and adherence to legal standards. By establishing comprehensive policies and engaging medical professionals when necessary, HR can minimize legal risks while maintaining a safe and equitable workplace.

References

• American Psychological Association. (2010). Publication manual of the American Psychological Association (6th ed., 2nd printing). Washington, DC: American Psychological Association.
• Harris, T., & Murphy, K. (2020). Managing workplace violence: Policies and procedures. Journal of Workplace Safety, 32(4), 45-52.
• Jones, L. (2018). Legal compliance in employee termination: Avoiding wrongful dismissal claims. HR Legal Review, 25(3), 112-119.
• Miller, S. (2019). Employee mental health and workplace safety: Strategies for HR professionals. Occupational Health & Safety Magazine. https://ohsonline.com
• Smith, R. (2021). Recognizing warning signs of workplace violence. Industrial and Organizational Psychology Journal, 14(2), 210-225.