A shooting in a midtown Manhattan high-rise jolted boardrooms far beyond New York. Four lives were lost, panic spread as hundreds of workers took shelter behind locked doors, and activity in one of Manhattan’s most high-profile office buildings came to a sudden halt. Sadly, this tragedy revealed that even the most reputable companies can be caught off guard by violence.
In response to this and other office tragedies, regulators, shareholders, and employees now expect employers to treat physical security with the same rigor they give to financial controls and data privacy. A generic “zero-tolerance” line in the handbook is no longer enough; employers must show they have anticipated the risk, trained for it, and documented every step.
Do we really need a separate workplace-violence policy?
Yes, employers need a separate workplace-violence policy. The Occupational Safety and Health Administration’s general-duty clause may set the legal standard, but it does not show you how to meet it. A dedicated policy clarifies what counts as a threat, who receives reports, and how and when management will respond. Courts increasingly view such a written roadmap as the baseline for “reasonable care.”
A standalone policy should:
- Define zero-tolerance for threats, harassment and weapons.
- Spell out reporting channels (anonymous and named).
- Outline swift, consistent disciplinary steps.
- Identify who activates your Emergency Action Plan (EAP) and how.
What makes an Emergency Action Plan credible?
Credibility in an EAP comes from detail and rehearsal. The plan should identify primary and secondary exits, lock-down procedures for each floor, and one chain of command for alerting staff and first responders. Annual drills, plus refreshers after office re-configurations or new leases convert the EAP into muscle memory.
How do we spot and handle a disgruntled employee?
To spot a disgruntled employee, be on the lookout for unusual behavior, and be sure to document the date, the behavior, and the response. Offer mental-health or employee-assistance resources early; this demonstrates good faith should litigation follow.
If employment termination becomes necessary, schedule it offsite or outside peak hours and arrange security support in advance. Threats, even indirect, warrant a call to law enforcement and, when justified, restraining orders.
Our building has security staff; is safety still our problem?
Yes, keeping employees safe is always the employer’s responsibility. Landlords secure the lobbies and elevators, but the law holds you responsible for the people on your payroll. Review lease clauses that cover badge access, camera footage and drill participation, and negotiate any gaps before renewal. Where the building’s plan falls short, supplement it with your own guards, cameras or visitor protocols.
What support should we provide after an incident?
Immediately after an incident, provide medical aid and onsite counselors. Follow up with transparent updates on security upgrades and paid time off for therapy or memorial services. Employers who communicate quickly and compassionately see lower employee turnover and a faster return to productive work.
The best defense to violent incidents is to create a culture where employees are not afraid to speak up about threats, and know that leadership will act quickly and effectively.
If you need help drafting policies, running active-shooter or other emergency drills, or answering “what if” questions – before your business makes the headlines – our Peace of Mind Package gives you on-call access to employment counsel.
You can always call us at 973.787.8442 or email us at legaladmin@alixrubinlaw.com
This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.
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