A restraining order, also called a “protective order,” is a court order that can protect you from being physically or sexually abused, threatened, stalked, harassed, or assaulted by someone. Restraining orders are serious business and violating one is a criminal offense that can result in jail time.
While most people think of restraining orders as applying only to personal relationships, they can actually be issued against anyone with whom you have had contact and who has caused you fear for your safety. This includes co-workers, employers, employees, friends, landlords and tenants.
In California specifically, if the person restrained is an employee of the victim (meaning they work for you), the employer must take action to prevent further abuse by implementing the terms of the restraining order. This might mean changing the workplace schedule orlocation of the victim or offender so there is no interaction between them at work. The employer might also be required to provide security guards or install surveillance cameras. If these steps cannot be taken without causing undue hardship on the business operations, then the employer may have to terminate the offender’s employment.
It’s important to note that an employer cannot fire an employee simply because he or she has been served with a restraining order – that would violate discrimination laws. The decision to fire must be based on legitimate business reasons unrelated to the existence of the restraining order.
If you have been served with a restraining order in California and are worried about how it will affect your job, it’s best to speak with an experienced employment law attorney who can advise you of your rights and help ensure that your employer takes appropriate action to protect you from further harm