A bill introduced by the House Judiciary Committee would not allow employees to be fired for defending themselves against workplace attacks.
House Bill 5621 would require that a person who is physically assaulted by an intruder in the workplace and who responds with reasonable and proportionate force (including the possibility of deadly force) to protect himself or others be liable for that action. It stipulates that employees may not be punished or dismissed. The bill allows for self-defense not only if you are actually attacked, but also if you have a reasonable fear of being attacked.
“I think this gives employees peace of mind that they’re protected,” said Rep. Laura Kimble (R-Harrison), the bill’s lead sponsor. She said, “You don’t have to accept it just because you’re worried about your job.”
Representatives on the Judiciary Committee worked on several amendments to try to amend the bill before moving forward. Most members of the committee agreed that the bill was better after their work.
“I think this is a really great example of this committee working together and looking at what the problems with the bill are and trying to overcome them,” said Representative Joey Garcia, D-Marion.
He described a 2000 case in which a Martinsburg convenience store clerk was at work when a masked woman pointed a firearm at him and demanded money from the store. While the employee was emptying the cash register, the clerk grabbed the woman, disarmed her, and restrained her until law enforcement officers arrived.
The employee was fired for failing to follow company policy prohibiting employees from intervening in store robberies.
“I think this bill really clarifies whether you have the ability to protect yourself when faced with this type of situation,” Garcia said. “I think this is a very good bill. I support it.”
Representative Karl Martin (R-Upshur) expressed skepticism about whether the bill would protect workers in line with its stated goals.
“We’re an employment-at-will nation. If an employer wants to fire someone outside of their race, religion, or gender, I think that’s their right. I don’t think this bill really does anything. . It feels like an employer would be quick to fire someone for whatever reason they want. I don’t think this accomplishes the intent of the bill.”
