New law allowing employee guns in parking lot blocked

The Whirlpool Corporation in Tulsa, Oklahoma sued to block a new law that would have allowed employees to keep a firearm in their cars in the company parking lot. The law would have taken effect November 1st but a federal judge blocked it.
Whirlpool believes that its workplace violence policy on banning firearms even in the parking lot overrides the rights of gun owners. Along with local law enforcement, they believe that this measure is crucial to help ensure worker safety. It is argued that having a firearm would so accessible would increase the chances for a workplace violence incident to occur.
The gun rights advocates state that the employee have the right to protect themselves on the way to and back from their jobs. The law gained its impetus after 12 employees in Oklahoma (not known if they were Whirlpool employees) were fired for keeping a firearm in their car at work. Only Kentucky has a similar law in the US.

New Canadian Law against Workplace Bullying

A new legislative change to the Quebec's Labour Standards Act, dedicated to workplace violence and psychological harassment prevention, took effect June 1. As businesses realize the impact of bullying and abuse in the workplace on their bottom line, human resources personnel are exploring ways to address this issue.
Often, bullying is targeted at the most efficient employees, thereby having a direct effect on the bottom line. The financial impact to an employer can be felt in increased health care costs due to the stress of experiencing the abuse, absenteeism and high turn-over.
And there is the possible litigation, as demonstrated in the recent Kavanagh case. The Newfoundland Association of Public and Private Employees successfully sued the province for failing to prevent a campaign of harassment against an employee. The result was $875,000 in damages.
The programs and training that will address bullying and harassment is currently being explored and developed by managers in the province.

Two city officials fired for fighting in Penn.

Two hi-ranking city officials in Bethlehem, Penn., were fired for violating the workplace violence policy. Deputy Community Development Director Dana Grubb and Environmental Health Manager Harvey Joseph engaged in a fist fight on November 4th where Grubb suffered a broken nose and scratches on his neck.
There was some controversy as to how the fight started or who was responsible but due to the status of their positions and the level of attention that it received, both were terminated by the Mayor. Combined, both had worked for the city for about 57 years. Fellow employees say tensions between the two employees have existed for some time.

DV Victim wins FMLA case in Alaska

A police officer from Anchorage won in the November 12th Alaska Supreme Court ruling that stated that she was eligible for the Family and Medical Leave Act and had put her department on notice when she had stated that she needed time off to "get her life back together" due to the domestic abuse that she experienced along with other complications. (Anchorage v. Gregg, Alaska, No. S-10722, 11/12/04).
Despite not requesting for the leave specifically nor providing medical documentation at the time, the court ruled that the city employer violated her right to FMLA as her supervisors knew of the abuse and that she had requested time to recuperated. The diagnosis of Post Traumatic Stress Disorder, along with issues stemming from a previous car accident and pregnancy, all qualified her for the benefit.
"When an employee is actually incapacitated by illness, the failure to get a correct diagnosis cannot disqualify an employee from the Act's protection," Justice Alexander O. Bryner wrote for the unanimous court. "To hold that a doctor must agree, contemporaneously and at all times, that the employee is unable to work, places a burden on the employee that we find nowhere in the plain text of the Act, and ignores the reality of debilitating illness."

Thanks to Robin Runge of the Domestic Violence Commission of the American Bar Association for this information.

Domestic Violence Murder-Suicide at Palm Springs store

Irma Felix, 44, of Cathedral City was the owner of pet grooming business in Palm Springs where her former boyfriend, Oscar Hernandez, 42, assaulted and killed her on November 9th. Just as the store opened, he stormed and confronted her. A 911 tape caught the argument as an emergency call was made at the time. As officers arrived on the scene, they heard 3 gunshots and broke through the window to find both of them dead.
In July 2003, Felix filed for a TRO against Hernandez for trying to choke her. Despite the protective order he continued to harass, stalk and threaten her, even calling to say what clothes she was currently wearing. She had made frequent police reports and had him arrested in previous incidents.

Lawsuit against Harvard for workplace assault dismissed

A Middlesex County Superior Court judge dismissed an employee’s lawsuit against Harvard University. Beth A. Isabelle, a librarian, was assaulted on September 18, 2001 but did not file the lawsuit until three years after the event took place, a day before the three-year statue of limitations expired. Isabelle reports continued problems such as neck pain and headaches that renders her unable to even fold laundry. Her claim is that the University did not tell her that she was required to file an accident report, failed to provide ergonomic accommodations, and led her astray about her rights and responsibilities under workers’ compensation rules. The employee was awarded an $11,000 settlement in September 2002 but is appealing the decision to seek further damages. The University’s motion to dismiss the suit argues that Worker’s Compensation Act is the sole source of remedy for claims such as this and cannot be pursued through civil suits.

Fired employee stabs manager to death

On November 4th, the manager of a NY café was stabbed to death by a delivery person who was just fired. While the manager was know for being generous and flexible, the assailant became enraged when he was told he was being let go in the back of the restaurant. The 26 year old manager staggered to the tables area that was filled with customers with the knife still sticking out of his chest. The assailant fled and evaded capture.

Mental health patient assaults care-takers.

The Auckland-based Framework Trust in New Zealand provides mental health services for mentally and intellectually disabled people as well the dangerous. A young man who is patient struck a staff member in the head without warning on October 4th while they were out in public. The worker was not responsible for watching the client but was standing close by. The staff member was hospitalized with serious head injuries and concussion. The same client had struck another employee in the head with a cricket ball which then required stitches. Workers and family members are concerned about the safety and security of their positions. The government's Occupational Safety and Health department is holding an investigation.

Friend of fired employee takes plant captive

In a hostage situation that took place in Clayton, NC on Election Day, a friend of recently terminated employee came to the Caterpillar factory to demand answers. Pam Arizona, 55, entered the lobby armed with a shotgun and what appeared to be explosives (later determined to be fake), taking O’neil Simmons and two security guards hostage. Simmons had a TRO and criminal sexual assault charges place against him by the recently terminated employee, Arizona’s friend. The two co-workers had different shifts and so he was able to follow the stipulations of the order. The fired employee arrived at the scene and working with the hostage/negotiations team, convinced Arizona to free the captives unharmed and turn herself in.

Two new recent incidents

The result of two supervisors having an argument ended with one of them shooting and killing the other. Nathaniel Brittain used a Glock 9mm to murder fellow supervisor Christopher McDuffie at the Pilgrim’s Pride Corp., a poutry processing plant in Athens, GE on November 2nd. McDuffie died after being shot multiple times early in the morning. The two had apparently not worked well together and had a history of conflict. Employees who witnessed the shooting flagged down a passing law enforcement officer who took Brittain into custody without incident.

On November 3rd, 47-year old man was just leaving his job walking across the company parking lot when he was assaulted by 26 year- old Antwan Langhorne. Langhorne shot the victim twice in the leg and then fled. This occurred at the Fleet Pride Trucking Company in North Haven, Conn. Employees state that the victim knew the shooter and that there were problems before the assault. Langhorne is an ex-boyfriend of the victim’s daughter who is currently under police protection. Police are currently searching for Langhorne.

Suicide bomber tries to burn down children's center

A former manager a youth home rammed his explosives laden truck into a children center's administrative office on October 24th. Jim Malone had recently quit his job running a home for the Children's Aid Society due to frustrations about funding and staff level cuts.
After lighting two propane tanks in this truck, he rammed it through the glass door of the social services agency in Ontario, Canada early in the morning. None of the few workers inside were injured and there were no children there at the time. It is thought by some of those interviewed that he did not intend for anyone to be hurt except for himself. He was badly burned and stabbed himself after falling out the truck. The estimated cost of the incident is up to 1.5 million dollars with most of the damage caused from water damage from the sprinkler system.

Jobs counselor killed at FLA community college by husband

A man who murdered his wife in Florida was captured in Virginia the next day. Samuel White walked onto the campus of the Santa Fe Community College on the morning of October 27th where his estranged wife, Derother Denise White, worked as a counselor. He came up behind her with a knife and attacked, despite two co-workers trying to stop him. After fatally stabbing her, he fled in a car.
The murder took place the day before a scheduled dependency hearing for the four children that the couple shared. The victim tried to ensure the safety of herself and her children from the man who had twice been convicted of assaulting her, including getting a restraining order which he later violated. White was later arrested in Virginia when a store clerk called the police as he and his companions were acting suspicions.
Derother White worked at the job counselor helping disadvantaged youth stay in school, obtain employment skills and find meaningful jobs. White is charged with murder.

FBI Prevent likely Workplace Violence Massacre

A man was stopped before he could carry out his alleged plans to commit
catastrophic assault against his former workplace in Arizona. David Dugan
reportedly told a family member that he intended to sneak into the
basement of the Intel factory, turn on the gas and shoot up the pipes and
machinery, all while his former co-workers and supervisors were upstairs.

He had recently been terminated after a two year disability claims
dispute with the microprocessor factory. The family member notified
authorities as he was clearly capable of such action. He reportedly was suffering
from bi-polar disorder and had recently attempted suicide. On October 6th,
authorities had taken a large amount of ammunition from him although he
refused to surrender his weapons. However on October 20th, he obtained
an AK-47, 1,000 rounds of ammunition and 5 magazine clips. He then called
to tell a former co-worker of his new purchases. He had since been arrested by the FBI.

He is charged with the federal crime charges and is being held pending
grand jury hearing.

News report from The Arizona Republic