California, United States of America
The following excerpt is from Health-Smart v. Lyons, B237428 (Cal. App. 2013):
Pursuant to section 527.8, subdivision (a),7 an employer may seek an injunction on behalf of its employees to prevent threats or acts of violence. (Scripps Health v. Marin, supra, 72 Cal.App.4th at p. 333.) Section 527.8, subdivision (a) provided, "Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an injunction on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer."
A "'[c]redible threat of violence' is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose." ( 527.8, subd. (b)(2).) A "'[c]ourse of conduct' is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, fax, or computer e-mail." ( 527.8, subd. (b)(3).) A threat may be conveyed by conduct or speech. (City of San Jose v. Garbett, supra, 190 Cal.App.4th at p. 539.)
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