Requires notification of actions of perpetrator of crime in workplace to former employer or workplace

BILL NUMBER:S1817

Title of bill

An act to amend the labor law, in relation to preventing workplace violence

Purpose

Requires notification of actions of perpetrator of crime in workplace to former employer or workplace

Summary of provisions

Paragraph A of subdivision 2 of section 27-B of the Labor Law, as added by Chapter 82 of the laws of 2006 is amended.

Section 27-B of the Labor Law is amended by adding a new subdivision 7.

Justification

The purpose of this bill is to notify an employer or workplace when a former employee is released from incarceration or has violated his/her probation or parole, if the original crime was committed in the workplace and the employer was responsible for calling the police.

This bill would safeguard employers and employees from potential retaliation from former employees who have committed workplace violence or crimes in the workplace. Notifying an employer would enable a workplace to take the proper measures or precautions to protect themselves and their employees.

This bill is in response to the murder of Joanne O'Brien, who had been shot by a disgruntled former employee she fired 18 months earlier in 2004. After firing the employee, child pornography was found on his workplace computer and he was convicted as a sex offender and given 10 years probation. He violated his probation and felt as though he was already going to jail. As a result, he decided to shoot his three former bosses and then take his own life.

Legislative history

2009 - Died in Labor Committee 2010 - Died in Labor Committee

Fiscal implications

None to the state.

Effective date

Immediately.