State Law Guide - WORKPLACE RESTRAINING ORDERS

Several states have proposed or enacted laws allowing employers to apply for restraining orders to prevent violence, harassment, or stalking of their employees. In most states, an employer seeking protection for an employee need show only that the employee has experienced violence or a credible threat of violence that can reasonably be construed to have taken place or to be carried out at the worksite. Note, however, that in a few states, the employer must demonstrate specifically that the employee is in imminent danger or that irreparable harm will befall the employee if the restraining order or injunction is not granted. The laws vary in terms of whether the employer may seek a restraining order or injunction on behalf of itself rather than on behalf of the employee and on whether an employee who is the target of violence must be consulted prior to the employer’s seeking a restraining order.

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