Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022)
Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety.
Facts: A credit union filed a petition for a workplace violence restraining order (“WVRO”) against a credit union member, Matthew Rafat, after Rafat visited a branch and had an encounter with an employee at the counter. The employee claimed that Rafat became visibly angry and aggressive, recorded a video of her without her consent, and assaulted her when he pushed a pen and paper back toward her after she explained that she could not open a business account on the same day as opening another account for him. Rafat later uploaded the video to YouTube. The employee was concerned that Rafat would return to the branch and harm her because he frequented the branch. The trial court issued a temporary WVRO. At the hearing on the WVRO, Rafat admitted to having an altercation and recording the video, but he denied making a credible threat of violence. Rafat explained that he had not returned to the branch except for the day after the altercation. One witness at the hearing testified that he received two emails from Rafat following the incident; in one, Rafat sought an investigation into the incident, and in the other he forwarded a link to the YouTube video and demanded the employee’s termination. The video...
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