Employer presented insufficient evidence to show credible threat of violence, ruling says

Under section 527.8 of California’s Code of Civil Procedure, an employer can seek a temporary restraining order on behalf of an employee who has been subjected to a credible threat of violence at the workplace.

In Technology Credit Union v. Rafat, the Technology Credit Union (TCU) filed a petition for a workplace violence restraining order (WVRO) against the defendant, a member of TCU. The petition aimed to protect M.L., TCU’s employee, from the defendant, who allegedly made a credible threat of violence against the employee.

M.L. issued a declaration describing the incident between her and the defendant at one of TCU’s branch locations. She made the following allegations:

• The defendant became angry and aggressive while she was assisting him;
• He took a video recording of her without her consent;
• He made rude and inappropriate statements questioning her mental competency;
• He repeatedly refused her request to stop recording her;
• He assaulted her when he forced a pen and paper toward her and demanded that she write his number;
• She was extremely scared for her safety due to this encounter;
• She would likely have future encounters with him because he made efforts to harm her by posting videos of the incident online and because he frequently visited that branch.

The trial court issued a temporary WVRO then later a WVRO, effective until Dec. 31, which included a personal conduct order and a...

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