A recent California court of appeal ruling addresses what an employer must show to get a workplace violence restraining order (WVRO) when a customer or other third party mistreats an employee. In Technology Credit Union v. Rafat, the court underscored that only a credible threat of violence will warrant a WVRO.
Background
On March 24, 2021, Matthew Rafat, a Technology Credit Union member, went to a branch to open a business account. M.L., the banker who assisted him, had had a single awkward, but not threatening, encounter with Rafat in 2019. (The court referred to TCU employees by their initials to protect their privacy.) M.L. told Rafat he would have to answer a questionnaire and that the account could not be opened that day.
The first question asked the nature of Rafat’s business. He responded that he was a “freelance writer.” When M.L. said she did not know what that was, Rafat became visibly upset. A plexiglass barrier separated M.L. from Rafat, who was about six feet tall, as he stood over her about three feet away as she was seated. Rafat belittled M.L. and demanded that the account be opened that day. Rafat also was videorecording their encounter. When M.L. became aware of that, she repeatedly asked Rafat to stop recording. He refused. Eventually, M.L. gave Rafat her business card and that of her supervisor. The entire encounter lasted about five minutes.
M.L. later testified that Rafat had frightened her and caused her to have a panic attack. She feared Rafat...
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