Orlando partner Kevin Shaughnessy was quoted in a December 4 Human Resource Executive article, "Layoffs Should Include Security."
According to the article, many employers are becoming increasingly sensitive to inappropriate workplace behaviors, such as bullying, threats and aggression, but experts say they should also recognize that stressors—such as the economic crisis, family problems and job strain—can be contributing factors in creating a dangerous workplace situation.
Shaughnessy said that employers who don't take human behavior into account whenever they perform layoffs or terminations are opening the door to risk. "In the current economic climate, with so many families already in trouble, a job change such as [a layoff] can create strong emotions and risk violence and other types of conduct," said Shaughnessy.
Shaughnessy said it's essential for employers to communicate with workers about the need for the layoff and emphasize the resources available after the layoff, including employee counseling, if needed. Shaughnessy said Baker Hostetler advises employers to provide resources for the newly displaced employees, such as lists of placement agencies, and they recommend generous severance packages, if economically feasible.
"Those employees that are leaving see that we're doing everything that we can to ease their transition into another job," said Shaughnessy. If there is suspicion of potential workplace violence, employers should hire security for one or two weeks following the layoff, according to Shaughnessy. "We make sure that laid-off employees, once they're out of the workplace, don't come back on the property," he said. "We particularly enforce that with employees where we have concerns about violent tendencies."
If anyone in the organization raises suspicion about having the potential for violence, employers should not hesitate to consider additional security, according to the article. Shaughnessy agrees, saying it's better for an employer to be safe than sorry, and they shouldn't worry about whether they're overreacting or discriminating against an employee. "I'd rather have someone claim that we discriminated against them and defend against that than do nothing and have that employee come back and kill a couple co-workers or customers, then try to explain to those families how sorry we were, we were afraid about discriminating, so we didn't do anything," Shaughnessy said.