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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Business Owners: You Can Protect Both Yourself in the Workplace and on Social Media with A Workplace Order of Protection

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Business Owners: You Can Protect Both Yourself in the Workplace and on Social Media with A Workplace Order of Protection

Is Someone Harassing, Intimidating, or Threatening Your Business?

In Illinois, businesses can protect themselves from individuals targeting them with acts of violence, stalking, threats, harassment, and property damage. As a business owner, you can become the target of unwanted and dangerous contact from disgruntled ex-employees, ex-customers, unsuccessful job applicants, debtors, and/or mentally unstable individuals. Under the “Workplace Violence Prevention Act” (820 ILCS 275/et seq.), employers can obtain a court order barring individuals from having any contact with your business, your employees and their families for up to 2 years. In emergency situations, an employer may also be able to obtain an emergency workplace order of protection that can be in effect for 14-21 days and can be entered without notifying the opposing party.In this article, we discuss how a workplace order of protection can help you as a business owner to protect yourself in the workplace and on social media.

What Conducts Qualify for a Workplace Order of Protection

Not all situations will qualify for a workplace order of protection. Conduct that may qualify for a workplace order of protection includes obscene communications sent with the intention of causing someone to be offended. This may include not only e-mail and telephone calls, but also posts on Twitter, Facebook or even comments on web pages. Other situations could include in-person conduct, such as an individuals who engage in graphic sexual behavior, make offensive sexual statements, call employees racial slurs, etc.

In addition, you may be able to obtain a workplace order of protection for conduct that causes emotional distress or employee fears for their safety or the safety of others. If an opposing party caused property damage to your business, you may be able to also recover for damages under the Workplace Violence Prevention Act.

Hiring an attorney will significantly help you navigate the procedures for obtaining a workplace order of protection.

For instance, an employer must follow certain procedures under the Workplace Violence Prevention Act when the opposing party is from the household of an employee.

James A. Cook has successfully obtained emergency workplace orders of protection and 2-year workplace orders of protection. In addition, he has obtained successful results for his clients in obtaining orders of protection in domestic violence situations. He can be reached at jcook@mckenna-law.com

Categories Business Law



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