November 30, 2022

Volume XII, Number 334

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November 29, 2022

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November 28, 2022

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Workplace Violence Restraining Order Reversed Absent Credible Threat Of Violence

Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022)

Technology Credit Union (“TCU”) obtained a Workplace Violence Restraining Order (“WVRO”) against one of its members (Matthew Mehdi Rafat) based on TCU’s evidence that Rafat allegedly made a credible threat of violence against M.L., one of TCU’s employees.  The Court of Appeal reversed the WVRO after concluding that Rafat’s conduct was “indisputably rude, impatient, aggressive, and derogatory but there was not sufficient evidence produced by TCU linking any of Rafat’s statements or conduct to any implied threat of violence:  The only threats he made were of litigation and complaints to a federal agency.  His actions toward M.L. consisted of berating her, complaining to her supervisor, and posting an accurate video of their March 24 interaction on YouTube.”

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 283
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
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