Walmart is very sorry an overnight shift manager (Andre Bing) killed six employees and injured others at its store in Chesapeake, VA, just before Thanksgiving. Their heartbreak and sorrow are without question. The problem is, Walmart kept a disruptive, harassing and potentially violent employee for twelve years. Employees were complaining to management about his behavior. At one point, the shooter was demoted, only to be later reinstated.
This week, a survivor brought a lawsuit against Walmart for negligent hiring and retention, and the allegations are startling. The lawsuit claims that Bing was disciplined several times while working at Walmart and displayed “disturbing” behavior leading up to the shooting, noting that many Walmart employees, including the plaintiff, had witnessed his “bizarre and threatening” behavior. Walmart received “many” complaints about him but continued to keep him employed, according to the complaint, including that he kept a “kill list.”
Could Walmart have done more, in hindsight? Can anyone tell who will become violent? Maybe not but the facts allegedly show there may have been opportunities to keep this workplace safer. Do not ignore signs and complaints raised by employees. Who is to say if termination and a restraining order would have kept Bing from shooting co-workers. Perhaps it would have made it more difficult.
How to Protect Your Workplace:
- Train: Employers should train managers to treat all complaints and signs of violence very seriously. We regularly provide manager training in all facets of workplace law.
- Investigate: You may not have the resources or time, but investigations are necessary in many cases. We conduct hundreds of workplace investigations every year on tough situations. Ignore complaints at your peril.
- Workplace Safety Plan: Do you have one in place or in your handbook? OSHA requires it and it is a best practice.
- Discipline: Sometimes, termination is the only option. We work with clients nearly every day, providing advice on this tricky topic.
Sadly, workplace violence is not uncommon. Working to make your workplace safer should be a priority, and it is not impossible. We can help. Contact us.