“Stop Kicking Me!” – Workplace Conflict

What’s the Story?

The story of actor Thomas Gibson of the television show “Criminal Minds” is a great example of a workplace conflict.  According to news reports, he had a disagreement with writer-producer Virgil Williams.  The altercation escalated with Mr. Gibson kicking Mr. Williams in the shins.  Williams filed a complaint with the studio’s human resource representative.  Initially, Gibson was suspended for two shows.  However, when news of the altercation came out, he was ultimately fired.

News reports indicate that Gibson has “lawyered up” and they are evaluating a claim against the production company.  Of course, you probably will not win if you get fired for kicking somebody.  However, Gibson may have a contract that limits the grounds for which he may be fired.

What Does Colorado Say About This?

Some may wonder what liability an employer may have for a physical altercation between employees.  Under Colorado law, as in most places, such an injury would be covered by workers compensation insurance, if the employee’s dispute was related to work issues (as this one seems to have been).  When a claim is covered by workers compensation, then that system sets the limits of the claim.  The injured employee cannot bring other claims against the employer.  On the other hand, if an employee’s injuries are not related to work issues, workers compensation does not apply. However, the employer could still be possible if the injured employee could prove that the employer was negligent in hiring, retaining or supervising the employee that committed the assault.

Before workplace issues get to this point, however, employers should consider workplace conflict resolution to resolve disputes between employers, or claims of unfair or illegal treatment by employees.  Getting an early resolution is always better than waiting until somebody gets sued.  Or kicked.

Seek Professional Advice About Workplace Conflict

The best thing to do if a business owner experiences a workplace conflict at work is to speak to an employment attorney experienced in these claims.

To find out more about how we can help you with employment issues, request your free consultation here.

Sam Ventola has a wide variety of experience in employment litigation, legal education, and mediation.  When he is not keeping workplaces safe, he enjoys volunteering in the community and spending time with his family, including his grandson, Jack. 

Ventola Law serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties.