Workplace violence continues to be a major concern for businesses of all sizes. Most employers feel that there’s inadequate legal protection for them and their employees because there are no federal laws against it. However, state legislators are getting the message. On March 25, 2002, Tennessee became the seventh state to allow employers to seek a temporary restraining order (TRO) on behalf of an employee who suffers from a violent act or receives a credible threat from any individual. The next day, Indiana passed a similar law.

Most of the state laws are modeled after the law in California, which was the first state to pass legislation in 1995. The laws are designed to prohibit individuals from making violent acts or threats toward the workplace as a whole or against any individual worker. In states without these laws, typically only the harassed employee can seek a TRO. The employer is powerless to obtain protection for the worksite.

Other states that have passed enabling legislation are Arizona, Arkansas, Georgia, Nevada and Rhode Island. In addition, Kentucky, New Jersey and New York have pending legislation on this critical issue.