This past July, a Texas jury awarded over $7 billion to the family of Betty Thomas, who was murdered by the cable technician who had serviced her house just the day before. 

While the murder occurred when the technician was off duty, a number of factors may have moved the jury to find the employer liable for such a substantial amount, including: 

• The technician used the company vehicle and uniform when he returned the next day to Thomas’ home; 
• The employer failed to verify the technician’s prior employment history, which was contrary to industry standards; 
• If the employer had conducted employment reference checks, it may have learned that the technician had been fired from prior jobs for misconduct; 
• The employer allegedly ignored red flags in the days leading up to the murder, including the technician’s financial problems, marital problems, and misuse of the company van.

How Can Employers Avoid Liability? 

Employers have a duty to provide a workplace that is safe and free from recognized hazards, commonly referred to as the “general duty.” To this end, employers should consider the following measures, as relevant for the work environment:

• Conduct background checks on potential hires, including reference checks, verifications of employment, and criminal background checks; 
• Develop and implement a workplace nonviolence program; 
• Ensure all managers and employees are trained on and consistently adhere to the workplace nonviolence policies; 
• Provide adequate channels and encourage managers and employees to report potential indicia of workplace violence; and 
• Take prompt, appropriate action when employees report concerns. 

Employers should keep in mind that a manager’s knowledge of red flags may be imputed to the employer. Therefore, consider a central point of contact (such as the human resources department) for all reports to ensure information is aggregated for an appropriate response.

Unfortunately, there is no guaranteed, fool-proof way to completely avoid liability for an employee’s actions. However, employers can use industry standards as a starting point for actions they can take. When developing a workplace nonviolence program, the employer should ask itself, “if the worst happens, do I feel comfortable defending my actions as enough?” 

HEC members can contact their HR Consultant or call our hotline at 808-836-1511 for a sample policy and to discuss additional considerations for their specific workplace.