Employer Liability for Failing to Protect Against Workplace Violence in California

Violence at work is an unfortunate reality that many California employees face every day. It can happen in any industry — from healthcare to retail — and it’s a risk employers cannot afford to ignore. In California, there are clear legal responsibilities businesses must follow to keep their workers safe. When an employer falls short, it can trigger legal action, heavy penalties, and lasting damage to their reputation. California Business Lawyer & Corporate Lawyer provides guidance on labor law employer defense strategies to help businesses meet their safety obligations. Understanding these responsibilities is the first step toward creating a safer and legally compliant work environment.

What Exactly Counts as Workplace Violence?

Workplace violence isn’t limited to obvious physical attacks. It covers a wide range of actions that can make employees feel unsafe. Verbal threats, intimidation, harassment, and assaults all fall under this category. It also includes situations where a worker might be targeted by a domestic partner while at work or where a customer threatens harm. The Nakase Law Firm offers the experience of an employer defense attorney in San Diego who assists companies in mitigating risks related to workplace violence. Being prepared to deal with threats—both from inside and outside the company—is critical for employers in today’s world.

California’s Safety Rules for Employers

The General Duty to Protect Employees

California’s workplace safety laws require every employer to keep their work sites free from dangers that could cause serious injury or death. This duty is outlined in the California Occupational Safety and Health Act, commonly known as Cal/OSHA. If violence becomes a recognized risk in the workplace, employers must take reasonable steps to address it just like they would any other hazard.

Special Rules for Certain Industries

While all employers have a general responsibility, certain industries face additional rules. For example, California law specifically requires healthcare facilities to have Workplace Violence Prevention Plans (WVPPs) in place. And starting in July 2024, thanks to Senate Bill 553, most businesses across the state must have their own written plans to deal with potential violence.

Foreseeability Matters

Under California law, if an employer knew—or should have known—that violence was likely, they are expected to act. Ignoring obvious warning signs or failing to prepare for foreseeable risks can lead to lawsuits and significant liability.

What Employers Are Expected to Do

Creating a safe workplace isn’t just about locking the doors or hiring a security guard. It involves a full strategy that addresses all aspects of potential violence. Employers are expected to:

• Regularly assess the workplace for risks
• Put together a clear and thorough written policy
• Offer training that teaches workers how to spot danger signs and handle them
• Create easy and confidential ways for employees to report concerns
• Plan ahead for emergencies so responses are quick and effective
• Take real steps to increase security, such as updating workplace layouts or improving lighting

Ignoring these responsibilities can open the door to serious consequences if violence occurs.

The Consequences of Doing Nothing

When an employer ignores workplace violence risks, the fallout can be severe — both legally and financially.

Citations and Fines from Cal/OSHA

If Cal/OSHA finds that a company didn’t meet its safety obligations, they can issue citations and impose significant fines. These penalties can quickly add up and damage a business’s financial health.

Facing Lawsuits from Injured Employees

An employee hurt because of workplace violence may sue the employer for negligence. Some of the legal claims workers might bring include:

• Negligence for failing to prevent foreseeable harm
• Negligent hiring or retention if the employer ignored red flags about a dangerous employee
• Wrongful death claims from family members if a worker dies on the job because of violence
• Premises liability claims based on unsafe working conditions

Workers’ Compensation Claims and Beyond

In many cases, injuries from workplace violence are covered by workers’ compensation. But in some cases, especially when employer actions were particularly careless, injured workers may be able to seek additional compensation outside of the usual system.

The Risk of Punitive Damages

If a court finds an employer’s behavior was especially reckless, it can award punitive damages — financial penalties meant to punish the company and send a warning to others.

What Employees Can Do If They Feel Unsafe

California law gives workers real tools to protect themselves if they believe their workplace is unsafe. Employees have the right to:

• File a confidential complaint with Cal/OSHA
• Refuse work that puts them in immediate danger, including threats of violence
• Speak with an employment law attorney to explore civil claims
• Seek medical treatment and wage replacement through workers’ compensation if they are injured

Employers are forbidden from retaliating against employees who raise concerns about safety, report incidents, or take protected actions under the law.

How Employers Can Protect Their Business (and Their People)

Avoiding workplace violence isn’t just about avoiding lawsuits. It’s about creating an environment where people feel safe and supported. Smart employers in California are taking steps now to lower their risks, including:

• Creating detailed, well-communicated Workplace Violence Prevention Plans
• Training workers at every level, from executives to frontline employees
• Acting quickly and seriously whenever a concern or threat is raised
• Installing security systems that fit their particular risk profile
• Offering mental health support and employee assistance programs

Investing time and resources into safety measures not only protects workers — it builds loyalty, trust, and a stronger workplace culture.

Real Cases Highlight the Importance of Taking Action

Several high-profile incidents in California have shown what can happen when employers ignore the warning signs. In some cases, employees were attacked by customers in poorly secured areas. In others, healthcare workers faced violence from patients without adequate safety measures in place.

These cases often end with employers paying out large settlements or facing intense public scrutiny. More importantly, they are a tragic reminder that preparation and vigilance save lives.

Final Thoughts

Protecting employees from violence at work isn’t just a legal box to check — it’s an ongoing responsibility that affects real people’s lives.

When businesses understand their duties and take real action to meet them, everyone benefits. Failing to protect workers can expose companies to lawsuits, fines, and damaged reputations, but taking workplace violence seriously can create stronger, more resilient organizations.

California Business Lawyer & Corporate Lawyer Inc. and The Nakase Law Firm are two resources that companies can turn to for advice on labor law employer defense and employer defense attorney services in San Diego. Their experience helps businesses manage risks and stay compliant in a fast-changing legal landscape.