§ 28-52-2 - Workplace violence protection.
SECTION 28-52-2
§ 28-52-2 Workplace violence protection.– (a) If an employer, or an employer's employee(s) or invitee(s) have: (1)suffered unlawful violence by an individual; or (2) received a threat ofviolence by an individual which can reasonably be construed as a threat whichmay be carried out at the worksite; or (3) been stalked or harassed at theworksite; the employer may (in addition to, or instead of, filing criminalcharges against the individual) seek a temporary restraining order, apreliminary injunction, and an injunction pursuant to Rule 65 of the SuperiorCourt Rules of Civil Procedure, prohibiting further unlawful acts by thatindividual at the worksite, which shall include any place at which work isbeing performed on behalf of the employer.
(b) Proof (by affidavit in an ex parte hearing, or by apreponderance of the evidence in any other hearing) of any action described insubsection (a) of this section shall constitute irreparable harm or damage tothe employer, or employer's employee(s) or invitee(s). Upon granting of anyrestraining order, preliminary injunction, or injunction, the court may, amongother appropriate orders:
(1) Order the defendant not to visit, assault, molest, orotherwise interfere with the employer or the employer's operations, or theemployer's employee(s) or invitee(s) at the employer's worksite;
(2) Order the defendant to cease stalking the employer'semployee(s) or invitee(s) at the employer's worksite;
(3) Order the defendant to cease harassment of the employeror the employer's employee(s) or invitee(s) at the employer's worksite;
(4) Order the defendant not to abuse or injure the employer,including the employer's property, or the employer's employee(s) or invitee(s)at the employer's worksite;
(5) Order the defendant not to telephone the employer or theemployer's employee(s) or invitee(s) at the employer's worksite;
(6) Order any other necessary and appropriate relief asdeemed appropriate in the discretion of the court.
(c) When necessary to protect the employer or the employer'semployee(s), invitee(s), or property, and when authorized by the court,temporary restraining orders, preliminary injunctions, and injunctions grantedpursuant to the provisions of this act may be served upon the defendant by apeace officer, sheriff, constable, or policeman, or other officer whose duty itis to preserve the peace, with appropriate orders to these officials to enforcethe court's order.
(d) All orders and injunctions issued pursuant to theprovisions of this act shall have statewide validity, unless specificallymodified or terminated by the issuing judge, and may be enforced by the issuingcourt for any violation anywhere in the state, and by any court of competentjurisdiction within the state for violations which may occur within thatcourt's jurisdiction.
(e) An employer and an employer's agents who act in accordwith the provisions of this act shall be presumed to be acting in good faithand, unless lack of good faith is shown by clear and convincing evidence, areimmune from civil liability for actions taken under this chapter.
(f) Any employer, or its employee(s) or invitee(s), whichdoes not utilize the procedures authorized by this act, shall not be liable fornegligence nor shall evidence of the same be admissible as evidence ofnegligence.
(g) In no event shall this chapter be construed to preventlawful picketing or lawful demonstrations including, but not limited to, thoserelated to a labor dispute.