Where a plaintiff employer moved for a preliminary injunction pursuant to the Rhode Island Workplace Violence Prevention Act, a judge’s decision to allow that motion must be vacated, as it cannot be concluded that the judge properly considered and resolved the preliminary injunction factors.
“This case presents a serious and increasingly common issue confronting trial courts: litigants who seek judicial intervention based on a fear of workplace violence. The defendant, Jeffrey Griffiths (defendant or Mr. Griffiths) appeals from a September 14, 2021 order of the Superior Court in favor of the plaintiff, United Parcel Service, Inc. (plaintiff or UPS). The Superior Court’s order granted the plaintiff’s motion for a preliminary injunction pursuant to the Rhode Island Workplace Violence Prevention Act (Act), G.L. 1956 chapter 52 of title 28.
“On appeal, defendant argues that the trial justice misinterpreted §28-52-2(a) and abused his discretion when he ignored and misapplied his findings of fact as he analyzed the elements required for a preliminary injunction. For the reasons set forth in this order, we vacate the order of the Superior Court and remand for trial.
“This appeal arises out of defendant’s termination from employment with UPS. On March 22, 2021, UPS filed a verified complaint alleging that defendant trespassed on its property and seeking injunctive relief pursuant to §28-52-2 of the Workplace Violence Prevention Act. …
“We have examined the trial justice’s...
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