Does employer have duty to keep remote workplace safe from criminal conduct?

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Does employer have duty to keep remote workplace safe from criminal conduct?
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A California employer has a statutory duty to provide its employees with a safe and healthful workplace.

During the pandemic, employers have fulfilled that duty largely by adopting policies and practices designed to limit the spread of the coronavirus in the workplace.

One night, Holaday and Willcoxson hosted Crystal Dominguez, a coworker in the Fresno office, for dinner. Joining them were Rachel Schindler, who worked at a different moving company that worked with Colonial, and her baby. In addition to socializing, the four adults networked and did work. Kyle was at home.Dominguez and Schindler sued Holaday and Colonial.Colonial claimed it owed no duty to Dominguez and Schindler because it did not own or have control over Holaday’s home.

Colonial didn’t know Kyle’s presence at home posed a threat to employees working there. Kyle had never before threatened or attacked Colonial employees. Colonial was unaware of any third-party criminal acts by anyone against working-at-home employees “that would have portended this particular assault.” Moreover, no amount of enforcement of, or training on, Colonial’s workplace violence policy would have prevented or deterred the attack.

These financial and operational costs would be coupled with social costs, said the court. “Employees would have to be willing to accept the employer’s intrusions unto their daily lives, the modifications to their homes, and working in a state of siege.” Employees would have to sacrifice the privacy of their home environment to remain employed.

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