Utah: Employers Can Obtain Workplace Violence Protective Orders

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APPLIES TO

All Employers with Employees in UT

EFFECTIVE

July 1, 2023

  

QUESTIONS?

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(888) 378-2456
Quick Look

  • Employers can seek a workplace violence protective order in the event of an act or threat of workplace violence.
  • Employers are immune from civil liability if they sought a protective order in good faith or failed to seek a protective order.

Discussion

HB 324 allows employers to petition for a workplace violence protective order against individuals who have engaged in or threatened workplace violence. Workplace violence is knowingly causing or threatening to cause bodily injury to, or significant damage to the property of an employer or employee performing their duties as an employee. To obtain a protective order, an employer must prove an action or threat has occurred which would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. Additionally, a threat must also cause a reasonable person to fear that the threat will be carried out. Non-threatening speech and speech involving labor disputes are protected and not prohibited.

If an employer petitions for a workplace violence protective order and has knowledge that a specific individual is the target, the employer must notify the targeted individual that they are seeking a workplace violence protective order. The courts may immediately enter an ex parte workplace violence protective order to protect the petitioner or any individual named in the petition. The court can grant any of the following as relief under the protective order: 1) enjoin the perpetrator from committing workplace violence; 2) enjoin the perpetrator from threatening the employer or employee of the petitioner while performing the employee’s duties; and 3) order the perpetrator to stay away from the petitioner’s workplace. Violating a workplace violence protective order is a class A misdemeanor. Employers are also immune from civil liability if they sought the protective order in good faith. They are also immune from civil liability for failing to seek a workplace violence protective order.

 

Action Items

  1. Have workplace violence policies updated.
  2. Consult with legal counsel in the event of an act or threat of workplace violence.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase