Edwards

USS-Posco Industries v. Edwards

Good Law
111 Cal. App. 4th 436·2003 Cal. App. LEXIS 1265·2003 Daily Journal DAR 9325·4 Cal. Rptr. 3d 54·20 I.E.R. Cas. (BNA) 449
Court of Appeal of CaliforniaAugust 18, 2003A098484California3,439 words

Opinion

Opinion

Parrilli, J.

“Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, ... may seek a temporary restraining order and an injunction on behalf of the employee prohibiting further unlawful violence or threats of violence by that individual.” (Code Civ. Proc., § 527.8, subd. (a).) Here, we hold that an employer subjected to generalized threats of workplace violence may obtain relief under section 527.8 on behalf of an employee who is a logical target of the threats, even if the employee was not specifically identified by the harasser.

Ezell Edwards appeals from an order denying his motion to modify a section 527.8 injunction obtained by his former employer, USS-Posco Industries (UPI). Edwards, who was fired as a result of UPI’s investigation of threats he made in the workplace, contends the court improperly issued an injunction protecting Edwards’ supervisor in the absence of any evidence of a threat directed at her. He also challenges the sufficiency of the evidence to support the injunction. We affirm.

BACKGROUND

Edwards was a mill worker at UPI’s tin mill in Pittsburg. On March 19, 2001, Walter Rowell, a process manager,…

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