Employers May Now Seek Workplace Violence Restraining Orders Relating to Employee Harassment

By Laraya Parnell

May 1, 2025

Workplace violence has been the subject of legislation in more recent years.  In 2023, Governor Gavin Newsom signed Senate Bill (SB) No. 428, expanding California Code of Civil Procedure Section 527.8 to allow employers to obtain temporary restraining orders for harassment against employees.  This broadened the existing workplace violence law relating to temporary restraining orders that only covered workplace violence or credible threats. Supporters of the bill argued that employers should not have to wait for conduct to escalate violence before seeking intervention from the court on behalf of their employees.  Accordingly, this new law came into effect on January 1, 2025.

Section 527.8 Allows Employers to Seek TROs For Threats of Violence in the Workplace.

Section 527.8 authorizes employers, who have an employee who has suffered unlawful violence or a credible threat of violence at the workplace, to seek a temporary restraining order and an injunction on behalf of the employee and other employees.  In seeking a temporary restraining order, Employers must establish reasonable proof that:

1. an employee has suffered unlawful violence or a credible threat of violence, and
2. that a great or irreparable harm would result to an employee if the order is not issued.

Thus, before this year, the law only covered a limited scope of misconduct related to violence or threats of violence. When the behavior did not involve violence or threats of violence, courts have been less inclined to grant restraining orders.

Harassment Is Now a Basis for a Workplace Violence Restraining Order

As of January 1, 2025, Section 527.8 now includes employees who have suffered harassment. Harassment is defined in the statute as:

“[A] knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.”

For example, if you have a member that has become obsessed with your employee, including repeatedly coming into the branch or calling the branch for the employee for days or months, but has not threated violence, you can now seek a temporary restraining order before the employee’s repeated rejections of the romantic attempts lead to a threat of violence.

Employers seeking a workplace violence restraining order for harassment pursposes must establish by clear and convincing evidence that:

(i) an employee has suffered harassment by the respondent.

(ii) great or irreparable harm would result to an employee.

(iii) the course of conduct at issue served no legitimate purpose.

(iv) the issuance of the order is not prohibited by subdivision (c), i.e., acts that are constitutionally protected, protected by the National Labor Relations Act … or otherwise protected by Section 527.3 or any other provision of law

This clear and convincing standard means that employers must present evidence that establishes a firm belief or conviction that it is highly probable that the factual contentions are true.  This is a higher standard than the preponderance of the evidence standard, also known as the “more likely than not” standard.

Recommended Actions

Now that harassment is a basis for employers to file workplace violence restraining orders, employers should consider the following:

1. Update workplace policies, including review of Workplace Violence Prevention Plans to include scenarios that account for potential incidents related to harassment.
2. Train all employees (including managers and executives) ensuring awareness of the new harassment protections and steps to take if an employee has harassment concerns they believe could result in the need for a workplace violence restraining order.
3. Engage in dialogue with employees who report harassment or are subject to harassment, whether internal or external, to determine whether a TRO is an appropriate remedy to address the complaint.
4. Consult with SW&M when going through the workplace violence restraining order process to ensure your petition complies with the established legal standard.

About the Author

Laraya Parnell

Laraya Parnell, Of Counsel at SW&M, brings nearly a decade of expertise in employment law and civil litigation. Her impressive portfolio includes guiding clients through the complexities of hiring, termination, employee benefits, and workplace policies, as well as tackling challenging […]

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