The Occupational Safety and Health Administration (OSHA) found in a 2024 study that two million American workers are victims of workplace violence each year. OSHA also reported that one in four American workers have witnessed workplace violence happening to another employee in the last five years, and 12% have been the target of workplace violence themselves.
O.C.G.A. § 34-1-7 provides a critical mechanism for employers to protect their workplaces and employees. Enacted by the General Assembly in 2000,[1] the statute provides that if an individual has engaged in unlawful violence or made credible threats of violence against an employee in the workplace, employers may obtain a temporary restraining order and an injunction against the individual.
An employer must first file a petition with the court for an injunction. The employer may also obtain a temporary restraining order if the employer also files an affidavit—a written statement that the employer swears is true under oath. The affidavit must provide reasonable proof of the following:
- One of the employer’s employees suffered violence or a threat of violence from the responding party
- Great or irreparable harm will occur to the employee if the court does not grant the injunction
- The employer made a reasonable investigation into the underlying facts supporting the petition for the injunction
If the affidavit establishes these elements, the court may grant a temporary restraining order for a period of no more than 15 days.
Within 10 days of filing the petition or as soon as is practical, the court will hold a hearing in which the parties may testify to the allegations. The respondent may also respond to the petition with explanations, excuses, justifications, or a denial. The respondent may even file a cross-complaint with claims against the employer.
If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, the judge may issue an injunction lasting no more than three years and prohibiting the individual from engaging in further unlawful violence or threats of violence at the employee’s workplace or while the employee is acting within the course and scope of employment with the employer.
What counts as unlawful violence or a credible threat of violence?
Not all aggressive acts or communications are sufficient for a court to issue an injunction or temporary restraining order. Under O.C.G.A. § 34-1-7, an employee must suffer “unlawful violence” or a “credible threat of unlawful violence.”
Unlawful violence means assault, battery, or stalking as defined by Georgia law. The definition of ‘credible threats of violence’ is more complicated. Under the statute, credible threats of violence are knowing and willful statements or courses of conduct that would cause a reasonable person to believe that he or she is under threat of death or serious bodily injury. The statement or course of conduct must be intended to, and actually cause, the employee to believe that he or she is under threat of death or serious bodily injury.
The statute defines “course of conduct” as a pattern of conduct composed of a series of acts over a period of time evidencing a continuity of purpose, including:
- following or stalking an employee to or from the place of work;
- entering the workplace of an employee;
- following an employee during hours of employment;
- telephone calls to an employee; and
- correspondence with an employee.
Accordingly, one instance of the previously listed actions is likely not sufficient. To qualify as a course of conduct that amounts to a credible threat of violence, there must be a “series of acts over a period of time.” In other words, there must be multiple instances.
Examples of Employers’ Use of O.C.G.A. § 34-1-7
There are limited cases involving O.C.G.A. § 34-1-7 that have been reviewed on appeal. However, Danforth v. Apple Inc., 294 Ga. 890 (2014) is a helpful example. In Danforth, the Supreme Court of Georgia reviewed the trial court’s grant of an injunction and restraining order to Apple Inc. against former employee, Danforth. See id. Although the Supreme Court ultimately narrowed the scope of the injunction so that it complied with the statute, the Court upheld the injunction under O.C.G.A. § 34–1–7 because there was sufficient evidence that Danforth engaged in “unlawful violence” against Apple employees by stalking them. Id. at 895–96.
Apple fired Danforth from its store location in Lenox Square Mall in Atlanta due to performance issues including increasingly frequent outbursts in front of other employees and customers. Id. at 893. Among other things, after Apple terminated Danforth, she continued to contact former coworkers despite repeated requests that she stop. Danforth would also appear at the store after the store manager told her not to do so. Id. Danforth then left a series of “emotionally charged” and “angry” voicemails for the manager. Id.
As required by the statute, Apple conducted an assessment into whether Danforth posed a threat to the company’s employees and determined that she did. Id. at 894. After a human resources official told Danforth to stop contacting Apple employees, Danforth still did not comply. Id. At the injunction hearing, the court concluded: “‘I find that [Danforth] has exhibited, both from the testimony of the witnesses and the Court’s own observations of her demeanor in the courtroom, behavior that would lead a reasonable person to be fearful of her.’” Id. at 895.
The Supreme Court found that the trial court was authorized to grant the injunction based on sufficient evidence that Danforth engaged in unlawful violence against Apple employees by stalking them. Id. at 895-96.
What can employers in Georgia take away from this?
Employers should remember that filing a petition and affidavit to obtain a temporary restraining order does not eliminate the employer’s duty to maintain a safe workplace. The statute merely provides an additional legal tool to enhance workplace security.
Employers should make sure to conduct thorough investigations into all complaints. They should also keep records about any incidents and efforts to investigate or remedy the situation. Not only is this necessary to include in an affidavit supporting a petition for a temporary restraining order but will also help show the court by clear and convincing evidence at a hearing that the restraining order is necessary.
The BFV Labor and Employment team is here to support you and your business throughout the process of maintaining a safe workplace, investigating complaints, and pursuing any necessary legal action.
[1] See Ga. L.2000, p. 1081, § 1.