PHYSICAL ACTS OF VIOLENCE: FIGHTING
,There are four keys to dealing with this type of serious offense:
1. Interview all witnesses to the incident. Who started what is important, especially if penalties are set at different levels.
2. Suspend both parties while you investigate the situation, with reinstatement pending the investigation results.
3. Do not telephone either employee with the results of your investigation. Bring them back to the work site for confidential discussion and action.
4. If different penalties are handed out, be sure you have solid reasons for them and cannot be accused of inconsistency of application.
Normally, discharge is upheld on a first-time basis in cases of fighting and other violent acts. Be sure you have all the facts before taking such extreme action.
In investigating the situation, be sure to find answers to these questions:
• What specifically caused the action?
• Was either party acting solely in self-defense?
• Were there witnesses to the actions? If so, what did they see?
• Is this repetitive behavior?
In general, if your investigation finds that both parties are guilty, termination is the likely response. Should your investigation reveal that one party tried to avoid the confrontation and acted in self-defense, then your likely response is to terminate only the aggressor. The bottom line is, the facts and your own good judgment will dictate your response. If you have any doubts whatsoever about the appropriateness of your response, seek the counsel of your supervisor, Human Resources, and your legal department. As detailed earlier, never make a decision to terminate on your own.
Document and follow procedures as you have studied in this guidebook.